Journal of the Senate of the State of Georgia regular session 1990 volume one, commenced at Atlanta, Georgia, Monday, January 8, 1990 and adjourned Friday, March 9, 1990

Compiler's Note
The Journal of the Senate for the regular session of 1990 is bound in two separate volumes. Volume I contains January 8, 1990 through February 20, 1990. Volume II contains February 21, 1990 through March 9, 1990 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1990
VOLUME I
Commenced at Atlanta, Georgia, Monday, January 8, 1990 and adjourned Friday, March 9, 1990

OFFICERS
OF THE
STATE SENATE
1990
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

MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1989-1990

Senators

District

Address

Frank A. Albert (R)............... 23 ......... Augusta

Thomas F. Allgood (D) ............ 22 ......... Augusta

A. Quillian Baldwin, Jr. (D)........ 29 ......... LaGrange

Ed Barker (D).................... 18 ......... Warner Robins

Roy E. Barnes (D) ................ 33 ......... Mableton

Rooney L. Bowen (D) ............. 13 ......... Cordele

Max R. Brannon (D) .............. 51 ......... Calhoun

Paul C. Broun (D) ................ 46 ........ .Athens

Joe Burton (R) .................... 5 ......... Atlanta

Charles C. (Chuck) Clay (R) ....... 37 ......... Marietta

J. Tom Coleman, Jr. (D) ........... 1 ......... Savannah

Mac Collins (R) .................. 17 .........Jackson

Harrill L. Dawkins (D) ............ 45 ......... Conyers

J. Nathan Deal (D) ............... 49 ......... Gainesville

Nathan Dean (D) ................. 31 ......... Rockmart

Earl Echols, Jr. (D) ................ 6 ......... Patterson

Arthur B. "Skin" Edge, IV (R)..... 28 ......... Newnan

Michael J. Egan (R) .............. 40 ........ .Atlanta

Bill English (D) .................. 21 ......... Swainsboro

Beverly L. Engram (D) ............ 34 ......... Fairburn

W. W. (Bill) Fincher, Jr. (D)....... 54 ......... Chatsworth

John C. Foster (D)................ 50 ......... Cornelia

Kenneth C. (Ken) Fuller (D)....... 52 ........ .Rome

Wayne Garner (D) ................ 30 ......... Carrollton

Hugh M. Gillis, Sr. (D)............ 20 ......... Soperton

R. Joseph Hammill (D)............. 3 ......... Brunswick

W. F. (Billy) Harris (D) ........... 27 .........Thomaston

Pierre Howard (D) ................ 42 ......... Decatur

Waymond C. (Sonny) Huggins (D) . 53 ......... LaFayette

C. Donald Johnson, Jr. (D) ........ 47 ......... Royston

Joseph E. Kennedy (D)............. 4 ......... Claxton

Culver Kidd (D) .................. 25 ......... Milledgeville

Ted J. Land (R) .................. 16 ........ .Columbus

Arthur Langford, Jr. (D) .......... 35 ......... Atlanta

Lewis H. (Bud) McKenzie (D) ..... 14 ......... Montezuma

Sallie Newbill (R)................. 56 .........Atlanta

Tommy C. Olmstead (D) .......... 26 ........ .Macon

Gary Parker (D) .................. 15 ......... Columbus Bonn M. Peevy (D) ............... 48 ......... Lawrenceville Ed Perry (D) ...................... 7 ......... Nashville R. T. (Tom) Phillips (R) ........... 9 .........Lilburn G. B. "Jake" Pollard, Jr. (D) ...... 24 .........Appling Harold J. Ragan (D) .............. 10 ......... Cairo Hugh A. Ragan (R) ............... 32 ......... Smyrna Walter S. Ray (D) ................ 19 ......... Douglas Albert J. Scott (D)................. 2 ........ .Savannah David Scott (D) .................. 36 ......... Atlanta Hildred W. Shumake (D) .......... 39 ........ .Atlanta Terrell Starr (D).................. 44 ......... Forest Park Lawrence (Bud) Stumbaugh (D).... 55 ......... Stone Mountain Horace E. Tate (D) ............... 38 .........Atlanta Mark Taylor (D).................. 12 ......... Albany Jimmy Hodge Timmons (D) ....... 11 ........ .Blakely Loyce W. Turner (D)............... 8 ......... Valdosta James W. (Jim) Tysinger (R) ...... 41 ......... Atlanta Eugene P. (Gene) Walker (D) ...... 43 ......... Decatur

MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1989-1990

Representatives

District

Address

Betty Aaron (D) .................. 56 ............. Decatur

Ralph David Abernathy (D) ....... 39 ............. Atlanta

Marvin D. Adams (D) ............. 79 ............. Thomaston

Fred Aiken (R) ................... 21, Post 1 ....... Smyrna

Dean C. Alford (D) ............... 57, Post 3 ....... Lithonia

Roy L. Alien (D) ................ 127 ............. Savannah

Troy A. Athon (D) ................ 57, Post 1 ....... Conyers

William A. Atkins (R) ............. 21, Post 3 ....... Smyrna

Frank I. Bailey, Jr. (D)............ 72, Post 5 ....... Riverdale

Thurbert E. Baker (D) ............ 51 ............. Decatur

Ralph J. Balkcom (D) ............ 140 ............. Blakely

Charles E. Bannister (R) .......... 62 ............. Lilburn

Fisher Barfoot (D) ............... 120 ............. Vidalia

Emory E. Bargeron (D).......... 108 ............. Louisville

Bill H. Barnett (D) ............... 10 ............. Gumming

0. M. (Mike) Barnett (R) ......... 59 ............. Lilburn

Kermit ("K") F. Bates, Jr. (D).... 141 ............ .Bainbridge

James M. (Jim) Beck (D)......... 148 ............. Valdosta

Jimmy W. Benefield (D)........... 72, Post 2 ...... . Jonesboro

Lorenzo Benn (D) ................ 38 ............ Atlanta

Kenneth W. (Ken) Birdsong (D) . . 104 ............. Gordon

Sanford D. Bishop, Jr. (D)......... 94 ............. Columbus

Henry Bostick (D) ............... 138 .............Tifton

Paul S. Branch, Jr. (D)........... 137 ............ .Fitzgerald

Keith R. Breedlove (R)............ 60 ............. Buford

Tyrone Brooks (D)................ 34 ............. Atlanta

George M. Brown (D) ............. 88 ............. Augusta

Thomas B. (Tom) Buck, III (D).... 95 ............. Columbus

Floyd M. Buford, Jr. (D) ......... 103 ............. Macon

Roger C. Byrd (D) ............... 153, Post 2 ....... Hazlehurst

Thomas R. Campbell, Jr. (R) ...... 23 ............. Roswell

Tyrone Carrell (D) ................ 65 ............. Monroe

Hanson Carter (D) ............... 146 ............. Nashville

Tommy Chambless (D) ........... 133 ............. Albany

George A. Chance, Jr. (D) ........ 129 ............. Springfield

Donald E. (Don) Cheeks (D) ....... 89 .............Augusta

E. M. (Buddy) Childers (D)........ 15, Post 1 ...... .Rome

Betty J. Clark (D) ................ 55 ............. Atlanta Herman Clark (R) ................ 20, Post 3 ....... Acworth Louie Max Clark (D).............. 13, Post 1 ....... Danielsville Terry L. Coleman (D) ............ 118 ............. Eastman Carlton H. Colwell (D) ............. 4, Post 1 ...... .Blairsville Jack Connell (D) ................. 87 ............. Augusta Barbara H. Couch (D)............. 36 ............. Hapeville John G. Crawford (D) .............. 5 ............ .Lyerly Tom Crosby, Jr. (D) ............. 150 ............. Waycross Bill Cummings (D)................ 17 ............. Rockmart Mary Young Cummings (D)....... 134 ............. Albany Clay Davis (R) ................... 72, Post 4 ....... Jonesboro Grace W. Davis (D) ............... 29 ............. Atlanta J. Max Davis (R) ................. 45 ............. Atlanta Harry D. Dixon (D) ............. 151 ............. Waycross Sonny Dixon (D) ................ 128 ............. Garden City Denny M. Dobbs (D).............. 74 ............. Covington William J. (Bill) Dover (D) ........ 11, Post 1 ...... . Clarkesville Wesley Dunn (D) ................. 73 ............. McDonough Ward Edwards (D)............... 112 ............ .Butler Earl Ehrhart (R).................. 20, Post 5 ...... .Powder Springs Dorothy Felton (R) ............... 22 ............. Sandy Springs Ronald (Ron) Fennel (D) ......... 155 ............. Brunswick James M. (Jimmy) Floyd (D) ..... 154 ............. Hinesville Johnny Floyd (D)................ 135 ............. Cordele Philip A. (Phil) Foster (D).......... 6, Post 2 ....... Dalton John F. Godbee (D).............. 110 ............. Brooklet Bill Goodwin (R) ................. 63 ............. Norcross Gerald E. Greene (D) ............ 130 ............. Cuthbert George F. Green, M.D. (D) ....... 106 ............. Sparta (Johnny) Gresham, Jr. (R) ......... 21, Post 4 ....... Marietta Jim T. Griffin (D) ................. 6, Post 1 ...... .Tunnel Hill Denmark Groover, Jr. (D) ......... 99 ............. Macon DeWayne Hamilton (D) .......... 124 ............. Savannah Robert (Bob) Hanner (D)......... 131 ............. Dawson Bobby Harris (D) ................. 84 ............. Thomson W. G. (Bill) Hasty, Sr. (D) ......... 8, Post 2 ....... Canton Paul W. Heard, Jr. (R) ............ 43 ............ .Peachtree City Suzi Johnson Herbert (D) ......... 76 ............. Griffin C. E. (Ed) Holcomb (D) ........... 72, Post 3 ...... .Jonesboro Ray Holland (D)................. 136 ............ .Ashburn Bob Holmes (D) .................. 28 ............. Atlanta George B. Hooks (D)............. 116 ............. Americus Gresham Howren (R) ............. 20, Post 2 ....... Powder Springs W. N. (Newt) Hudson (D) ........ 117 ............ .Rochelle Karen Osborne Irwin (D) .......... 13, Post 2 ....... Winterville

Johnny Isakson (R) ............... 21, Post 2 ....... Marietta Jerry D. Jackson (D) ............... 9, Post 3 ....... Chestnut
Mountain William S. (Bill) Jackson (D) ...... 83 ............. Martinez Mary (Jeanette) Jamieson (D) ..... 11, Post 2 ...... .Toccoa Curtis S. Jenkins (D).............. 80 ............. Forsyth Diane Harvey Johnson (D)....... 123 ............. Savannah Sidney P. Jones (R)............... 71 ............. Newnan Thomas M. (Tom) Kilgore (D) ..... 42 ............. Douglasville Jack Kingston (R) ............... 125 ............. Savannah Dick Lane (D) .................... 27 ............. East Point Robert (Bob) Lane (D) ........... Ill ............. Statesboro James Beverly Langford (D) ........ 7 ............. Calhoun Tom E. Lawrence (R) ............. 49 ............. Stone
Mountain Bobby Lawson (D) ................. 9, Post 2 ....... Gainesville William J. (Bill) Lee (D) .......... 72, Post 1 ...... .Forest Park John Linder (R) .................. 44 ............. Dunwoody Bobby Long (D) ................. 142 ............. Cairo Jimmy Lord (D) ................. 107 ............. Sandersville David E. (Dave) Lucas (D) ....... 102 ........... Macon John M. Lupton, III (R)........... 25 ............ Atlanta William C. (Bill) Mangum, Jr. (D). . 57, Post 2 ..... Decatur Jim Martin (D) ................... 26 ............. Atlanta Robert H. McCoy (D) .............. 1, Post 2 ....... Rossville Lauren (Bubba) McDonald, Jr. (D) .12 ............ Commerce Forrest L. McKelvey (D) .......... 15, Post 2 ....... Silver Creek Cynthia Ann McKinney (D) ....... 40 ............. Atlanta J. E. (Billy) McKinney (D) ........ 35 ............ .Atlanta Leonard R. (Nookie) Meadows (D) .91 ............. Manchester Wade Milam (D) ................. 81 ............. LaGrange John 0. Mobley, Jr. (D) ........... 64 ............ .Winder Lundsford Moody (D) ............ 153, Post 1 ....... Baxley Chesley V. Morton, Jr. (R) ........ 47 ............. Tucker Roy D. Moultrie (D) .............. 93 ............ Hamilton Anne Mueller (R) ................ 126 ............. Savannah Thomas B. (Tom) Murphy (D)..... 18 ............ .Bremen Clinton Oliver (D) ............... 121 ............. Glennville Mary Margaret Oliver (D) ......... 53 ............. Decatur Wye Orr (D) ...................... 9, Post 1 ....... Gainesville Nancy (Nan) Orrock (D) .......... 30 ............. Atlanta Michael J. (Mike) Padgett (D) ..... 86 ............. Augusta James L. (Jim) Pannell (D) ....... 122 ............. Savannah Bobby E. Parham (D) ............ 105 ............. Milledgeville Larry J. (Butch) Parrish (D) ...... 109 ............. Swainsboro Robert L. (Bob) Patten (D)....... 149 ............. Lakeland

Hugh B. (Boyd) Pettit (D)......... 19 ............. Cartersville Frank C. Pinkston (D) ........... 100 ............. Macon Charles (Judy) Poag (D)............ 3 ............. Eton DuBose Porter (D)............... 119 ............. Dublin McCracken (Ken) Poston, Jr. (D) ... 2 ............. Ringgold C. C. (C.J.) Powell (D) ........... 145 ............. Moultrie William C. (Billy) Randall (D) . . . . 101 ............ .Macon Dick Ransom (R) ................. 90 ............. Augusta Robert Ray (D)................... 98 ............ .Fort Valley Henry L. Reaves (D) ............. 147 ............. Quitman Frank L. Redding, Jr. (D) ......... 50 ............. Decatur Eleanor L. Richardson (D)......... 52 ............. Decatur Edward D. (Ed) Ricketson, Jr. (D) . 82 ............. Warrenton Pete Robinson (D) ................ 96 ............. Columbus A. Richard Royal (D) ............ 144 ............. Camilla Helen Selman (D) ................ 32 ............ .Palmetto John Simpson (D) ................ 70 ............. Carrollton Georganna T. Sinkfield (D) ........ 37 ............ .Atlanta Larry Smith (D) .................. 78 ............. Jackson Paul E. Smith (D) ................ 16 ............ .Rome Tommy Smith (D) ............... 152 ............ .Alma Willou Smith (R) ................ 156 ............ .Brunswick Calvin Smyre (D) ................. 92 ............. Columbus Michael M. (Mike) Snow (D) ....... 1, Post 1 ....... Chickamauga Frank E. Stancil (D) .............. 66 ............. Watkinsville Steve Stancil (R) .................. 8, Post 1 ....... Canton LaNett Stanley (D) ............... 33 ............ .Atlanta Robert H. Steele (R) .............. 97 ............. Columbus Lawton Evans Stephens (D) ....... 68 ............ .Athens Van Streat, Sr. (D) .............. 139 ............. Nicholls Doug Teper (D) .................. 46 .............Atlanta Charles Thomas (D) .............. 69 ............. Temple Mable "Able" Thomas (D)......... 31 ............ .Atlanta Steve Thompson (D) .............. 20, Post 4 ....... Powder Springs Michael L. (Mike) Thurmond (D) . . 67 ............ .Athens Theo Titus III (R) ............... 143 ............ .Thomasville Claude (Tommy) Tolbert (R) ...... 58 .............Clarkston Kiliaen V. R. Townsend (R) ....... 24 ............. Atlanta Ralph Twiggs (D).................. 4, Post 2 ....... Hiawassee Jack Vaughan Jr. (R) ............. 20, Post 1 ....... Marietta Ted W. Waddle (R).............. 113 .............Warner Robins Charles W. Walker (D) ............ 85 .............Augusta Larry Walker (D) ................ 115 ............. Perry Vinson Wall (R) .................. 61 ............. Lawrenceville J. Crawford Ware (D) ............. 77 ............. Hogansville Roy H. (Sonny) Watson, Jr. (D)... 114 ............ Warner Robins

Charlie Watts (D)................. 41 ............. Dallas John White (D).................. 132 .............Albany Thomas (Tom) Wilder, Jr. (R) ..... 21, Post 5 ....... Marietta Betty Jo Williams (R)............. 48 ............. Atlanta Juanita Terry Williams (D) ........ 54 ............. Atlanta John P. Yates (R) ................ 75 ............. Griffin Charles W. Yeargin (D) ........... 14 ............. Elberton

MONDAY, JANUARY 8, 1990

13

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 8, 1990 First Legislative Day

The Senators of the General Assembly of Georgia for the years 1989-90 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Zell Miller, President of the Senate.
Lieutenant Governor Miller introduced Honorable Arthur Langford, Jr., Senator of the 35th District, who served as chaplain of the day and offered scripture reading and prayer.
The President called for the morning roll call, and the following Senators answered to their names:

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

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

Not answering were Senators Fincher and Ragan of the 10th.

The following resolutions of the Senate were read and put upon their adoption:

SR 276. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:

A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the 1989 regular session of the General Assembly are hereby adopted as the Rules of the Senate for the 1990 regular session with the following exceptions:
(1) Amend Senate Rule 16 by striking the rule in its entirety and inserting in lieu thereof a new Rule 16 to read as follows:
"Rule 16. No person shall be employed as a page who is under the age of twelve years.

14

JOURNAL OF THE SENATE

Each Senator shall be allowed to name no more than ten pages to be paid by the Senate during any regular session. In addition to the ten pages named, each Senator may name ten honorary pages during the session; the honorary pages must be paid by that Senator in the same amount as that received by pages paid by the Senate. The President shall be allowed to name not more than two pages per day during each day of any regular session. There shall be no more than thirty (30) pages per day. Each Senator desiring to name a page for any particular day of the session shall file with the Director of Pages the name of each person he wishes to have serve as his page and the date of proposed service. Such notice shall be filed at least three days prior to the date the proposed page desires to serve. The Director of Pages shall select the 30 pages who shall serve on each day of the session in the order in which such notices are filed. Each Senator can assign his pages or page days to another Senator. There shall be no pages except as herein provided.
The Rules Committee, subject to the approval of the President, shall establish a program of familiarization with State Government, its procedures and those duties and responsibilities which will be required of pages. The Director of Pages shall require each page to attend a training session prior to his service as a page during which the page will become acquainted with his duties and responsibilities."
(2) Amend Senate Rule 185 by striking the first paragraph of the rule and inserting a new paragraph to read as follows:
"Rule 185. The President shall appoint the following standing committees, which shall not exceed the following number of Senators each:
AGRICULTURE - 7
APPROPRIATIONS - 31
BANKING AND FINANCE - 13
CHILDREN AND YOUTH - 5
CONSUMER AFFAIRS - 5
CORRECTIONS - 8
DEFENSE AND VETERANS AFFAIRS - 5
ECONOMIC DEVELOPMENT AND TOURISM - 11
EDUCATION - 12
GOVERNMENTAL OPERATIONS - 9
HIGHER EDUCATION - 8
HUMAN RESOURCES - 12
INDUSTRY AND LABOR - 9
INSURANCE - 8
INTERSTATE COOPERATION - 5
JUDICIARY - 10
NATURAL RESOURCES - 14
PUBLIC SAFETY - 6
PUBLIC UTILITIES - 5
REAPPORTIONMENT - 11
RETIREMENT - 5
RULES - 12
SPECIAL JUDICIARY - 8

MONDAY, JANUARY 8, 1990

15

TRANSPORTATION - 12
URBAN AND COUNTY AFFAIRS - 9".
(3) Amend Senate Rule 189 by striking the rule in its entirety and inserting in lieu thereof a new Rule 189 to read as follows:
"Rule 189. No member of the Senate or Senate staff shall engage in any travel at State expense outside the State of Georgia unless such travel is first approved in writing by the Senate Administrative Affairs Committee. The person requesting such approval shall state in writing the places to be visited, the dates thereof and the purposes therefor, which purposes shall be directly relevant to legislative duties.
Prior to any disbursement by the Legislative Fiscal Officer, there shall be on file with said Fiscal Officer a copy of the approval by the Senate Administrative Affairs Committee, and the person requesting reimbursement shall submit an itemized listing of all expenses claimed hereunder."
On the adoption of the resolution, the yeas were 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 277. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st: A resolution to notify the House of Representatives that the Senate has convened.
On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 407. By Senator Brannon of the 51st: A bill to amend Code Section 26-2-373 of the Official Code of Georgia Annotated, relating to rules and regulations governing food service establishments, so as to provide for health testing of food service establishment employees; to provide for the issuance of health cards to employees to provide that it shall be unlawful for a food service establishment to employ a person who does not have a valid health card.
Referred to Committee on Consumer Affairs.
SB 408. By Senator Phillips of the 9th: A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding telephone and telegraph service, so as to provide that it shall be unlawful to make a transmission to a facsimile device for purposes of commercial solicitation except under certain circumstances; to provide for a criminal penalty.
Referred to Committee on Public Utilities.
SB 409. By Senator Phillips of the 9th: A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding telephone and telegraph service, so as to provide that it shall be unlawful for any person to use a machine that electronically transmits facsimiles of documents through connection with a

16

JOURNAL OF THE SENATE

telephone network to transmit unsolicited advertising material for the sale of any real property or any goods or services. Referred to Committee on Public Utilities.
SB 410. By Senator Phillips of the 9th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for the reporting of crime statistics to the Georgia Crime Information Center; to provide for the publication and distribution of such crime statistics to certain students, employees, or admission or employment applicants; to provide for procedures. Referred to Committee on Education.
SB 411. By Senator Pollard of the 24th:
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 that certain school systems shall continue to receive sparsity grants. Referred to Committee on Education.
SB 412. By Senator Fuller of the 52nd:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to certain games or devices; to provide for requirements in connection therewith; to provide for penalties. Referred to Committee on Governmental Operations.
SB 413. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to revocation and republication of wills, so as to change the provisions relating to revocation of a will by divorce; to provide that a divorce does not revoke portions of the will unrelated to the former spouse; to provide for the distribution of the interest devised or bequeathed to the former spouse. Referred to Committee on Judiciary.
SB 414. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date. Referred to Committee on Governmental Operations.
SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-51 of the Official Code of Georgia Annotated, relating to the date of municipal elections, so as to change the provisions relating to dates of municipal elections. Referred to Committee on Governmental Operations.
SB 416. By Senator Kidd of the 25th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to requirements pertaining to fire protection and safety with respect to buildings presenting special hazards to persons or property, so as to provide an

MONDAY, JANUARY 8, 1990

17

exemption with respect to certain buildings which meet the fire safety and building standards of local political subdivisions. Referred to Committee on Governmental Operations.
SB 417. By Senators Kidd of the 25th, Walker of the 43rd, Shumake of the 39th and others:
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 and the establishment of flexible employee benefit plans, so as to provide that the employee welfare benefits under flexible employee benefit plans may be operated as a self-insured plan in whole or in part or by contract with an authorized company. Referred to Committee on Governmental Operations.
SB 418. By Senator Peevy of the 48th:
A bill to amend Code Section 9-11-55 of the Official Code of Georgia Annotated, relating to default judgment, so as to change certain provisions regarding certain actions in which the plaintiff shall be required to introduce evidence and establish the amount of damages. Referred to Committee on Special Judiciary.
SB 419. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-60 of the Official Code of Georgia Annotated, relating to definitions regarding wiretapping, so as to provide that a "device" shall not include a pen register or dialed number recorder used by any law enforcement officer in the performance of his official duties. Referred to Committee on Special Judiciary.
SB 420. By Senator Peevy of the 48th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures, so as to include intraductal injection procedures within the list of those diagnostic procedures that a person must be informed about and must consent to before having such procedure administered. Referred to Committee on Human Resources.
SB 421. By Senator Peevy of the 48th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that in all felony cases in which the maximum prison sentence imposed is ten years or less, in other felony cases where the maximum sentence is greater than ten years, except capital felonies, and in which defendants have been bound over to the superior court, are confined in jail, or released on bond the district attorney shall have the authority to prefer accusations. Referred to Committee on Special Judiciary.
SB 422. By Senator Peevy of the 48th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps in general, so as to provide that a person may obtain a hunter safety certificate without first attending a hunter safety education course; to provide that such certificate may be obtained by successfully passing an examination; to provide that, upon failure of such an examination, the applicant must then attend a hunter safety education course. Referred to Committee on Natural Resources.

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JOURNAL OP THE SENATE

SB 423. By Senator Peevy of the 48th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that if the results of a blood test indicate that the likelihood of an alleged father's paternity is 95 percent or greater, upon motion of the petitioner, the court shall order the alleged father to pay temporary child support in accordance with the provisions of Code Section 19-6-15; to provide that such child support shall be held pending a final adjudication of the issue of paternity. Referred to Committee on Special Judiciary.
SB 424. By Senator Peevy of the 48th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to provide for the definition of a part-time judge and to provide for the compensation and expenses of such judge; to provide for related matters; to provide for an effective date. Referred to Committee on Special Judiciary.
SB 425. By Senator Peevy of the 48th:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to the arrest of persons, so as to authorize certain officers to make arrests in certain counties or municipalities; to provide for procedures in connection therewith; to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to change certain provisions relating to powers of county police. Referred to Committee on Urban and County Affairs (General).
SB 426. By Senator Peevy of the 48th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to authorize certain public safety agencies, the Department of Human Resources, or employees thereof to obtain certain AIDS confidential information upon written request. Referred to Committee on Human Resources.
SB 427. By Senator Shumake of the 39th:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to provide that conviction of a first offense of hazing is punishable by a fine of $1,000.00; to provide that a conviction of a second offense is a felony; to provide a felony penalty if a person dies as a result of hazing. Referred to Committee on Judiciary.
SB 428. By Senators Collins of the 17th, Newbill of the 56th, Phillips of the 9th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide that a person commits the offense of murder when he distributes a controlled substance in violation of subsection (b) of Code Section 16-13-30 to a person under 14 years of age whose death is caused by such controlled substance; to provide penalties. Referred to Committee on Special Judiciary.
SB 429. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as

MONDAY, JANUARY 8, 1990

19

to provide for the suspension or revocation of drivers' licenses of persons who are convicted of unlawfully possessing or having under their control any controlled substance or marijuana; to provide for rules and regulations. Referred to Committee on Special Judiciary.
SB 430. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that a felony involving moral turpitude shall include a felony conviction for a violation of Code Section 16-13-30 or Code Section 16-13-31 for the purposes of determining ineligibility to hold civil office. Referred to Committee on Special Judiciary.
SB 431. By Senators Edge of the 28th, Collins of the 17th, Newbill of the 56th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to property which is subject to forfeiture; to revise the provisions relating to practice and procedure in forfeiture cases brought under said article; to provide procedures for the protection of the interests of innocent secured parties. Referred to Committee on Special Judiciary.
SB 432. By Senators Phillips of the 9th, Newbill of the 56th, Collins of the 17th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning professions and businesses, so as to provide for the suspension or revocation of occupation licenses of persons who are convicted of unlawfully possessing or having under their control any controlled substance or marijuana. Referred to Committee on Special Judiciary.
SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of certain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses. Referred to Committee on Insurance.
SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations. Referred to Committee on Insurance.
SB 435. By Senators Newbill of the 56th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to change certain powers and duties of a hearing officer to consider matters in mitigation of a conviction. Referred to Committee on Human Resources.

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SB 436. By Senators Newbill of the 56th and Phillips of the 9th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to repeal the cost-of-living increases for members of the General Assembly. Referred to Committee on Governmental Operations.
SB 437. By Senator Newbill of the 56th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change the provisions relating to the State Board of Education; to amend Code Section 21-2-9 of the Official Code of Georgia Annotated, relating to the date of the election of the Governor and certain other officers, so as to delete a reference to the State School Superintendent. Referred to Committee on Education.
SB 438. By Senators Newbill of the 56th, Echols of the 6th and Collins of the 17th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for mandatory drug and alcohol rehabilitation programs and community service and the suspension of drivers' licenses of juveniles found to have committed certain delinquent acts or status ofTenses; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the provisions relating to persons not to be issued drivers' licenses. Referred to Committee on Special Judiciary.
SB 439. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification of certain personnel, so as to change the requirements for renewable certificates and change the persons eligible for nonrenewable certificates. Referred to Committee on Governmental Operations.
SB 440. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools. Referred to Committee on Education.
SB 441. By Senator Shumake of the 39th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide that local housing authorities shall post signs in public housing projects which cite the law prohibiting loitering. Referred to Committee on Urban and County Affairs (General).
SB 442. By Senator Egan of the 40th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the provisions relating to the selection of the chairman and provide for the election of the chairman by the qualified electors of the county; to change certain provisions relating to qualifications; to change certain provisions relating to vacancies. Referred to Committee on Urban and County Affairs.

MONDAY, JANUARY 8, 1990

21

SR 278. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:
A resolution relative to officials, employees, and committees in the Senate; to amend SR 3 adopted at the 1989 session. Referred to Committee on Rules.
SR 279. By Senator Fuller of the 52nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law prohibit the granting of pardon or parole to persons sentenced to life imprisonment and persons incarcerated a second or subsequent time for offenses punishable by life imprisonment; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary.
SR 280. By Senator Fincher of the 54th:
A resolution designating the Jennie Weyman Memorial Bridge. Referred to Committee on Transportation.
SR 281. By Senators Gillis of the 20th and English of the 21st:
A resolution designating a portion of the growth corridor program as the "Kaolin Parkway". Referred to Committee on Transportation.
SR 282. By Senator Deal of the 49th: A resolution proposing an amendment to the Constitution so as to provide for the election of members of the State Board of Education and the appointment of the state school superintendent; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.
SR 283. By Senators Stumbaugh of the 55th, Kidd of the 25th and Barnes of the 33rd: A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.
SR 284. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution so as to limit persons serving as Speaker of the House of Representatives to four two-year terms of office; to provide that a person who has served four two-year terms of office as Speaker of the House of Representatives may not again serve in that office; to limit persons serving in the Office of Lieutenant Governor to two four-year terms of office; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Governmental Operations.
SR 285. By Senators Phillips of the 9th, Collins of the 17th, Newbill of the 56th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for special investigative grand juries which

22

JOURNAL OF THE SENATE

shall have jurisdiction in special districts in cases involving violations of criminal law relating to controlled substances or other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special investigative grand juries; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary.
SR 286. By Senator Newbill of the 56th: A resolution relative to zoning in Fulton County.
Referred to Committee on Urban and County Affairs (General).
SR 288. By Senator Newbill of the 56th: A resolution creating the Reapportionment of the Fulton County Board of Commissioners Study Committee.
Referred to Committee on Reapportionment.
SR 289. By Senator Newbill of the 56th: A resolution creating the Senate Teacher Certification Study Committee.
Referred to Committee on Education.
SR 290. By Senator Newbill of the 56th: A resolution creating the Rules of the Fulton County Senate Delegation Study Committee.
Referred to Committee on Urban and County Affairs (General).
SR 291. By Senator Newbill of the 56th: A resolution proposing an amendment to the Constitution so as to provide for the nomination of members of the State Board of Education by the members of the Georgia House of Representatives from congressional districts meeting in caucus and for the election from such nominees of members of the State Board of Education by members of the Georgia Senate from congressional districts meeting in caucus; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.
The following resolutions of the Senate were read and adopted:
SR 287. By Senator Newbill of the 56th: A resolution expressing regret at the passing of Representative Luther S. Colbert.
SR 293. By Senators Bowen of the 13th and Timmons of the llth: A resolution commending Mrs. Marian A. Surnner.
SR 294. By Senator Timmons of the llth: A resolution commending the Mitchell-Baker High School Eagles football team.
Lieutenant Governor Zell Miller introduced the doctor of the day, Dr. James Kaufmann, who will serve as the medical aid station liaison in the Capitol, and he introduced his wife, Mrs. Alice Kaufmann, who will serve as the nurse during the 1990 session of the General Assembly.

MONDAY, JANUARY 8, 1990

23

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
January 5, 1990
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 1990 Session of the General Assembly as of January 5, 1990. The list is numbered 1 through 560.
Most sincerely,
/s/ Max Cleland Secretary of State
Attachments:
Received /s/ Hamilton McWhorter, Jr.

State of Georgia Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 1 through 560, who have registered in the Docket of Legislative Appearance as of January 5, 1990, in accor-
dance with Georgia Law 1970, pp. 695; as the same appears of 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 5th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

Is/ Max Cleland Secretary of State

1. Rita W. Valenti 600 Northern Avenue Apt. F-301 Clarkston, Georgia 30021 (404)292-1219 CWA Georgia Political Council
2. Betty I. Bridges 223 Bruce Street Loganville, Georgia 30249 (404)963-9799 Council of Battered Women

3. Robert C. Priester 4041 Habersham Circle
Covington, Georgia 30209 (404)786-0023 Citizen
4.. tK.aren o S. Lro-ritts 551 Mary Erna Drive Fairburn, Georgia 30213
(404)969-1299 Fulton County Schools Eveline C. West Elementary School

24

JOURNAL OF THE SENATE

5. Bebe Joyner 1263 Courtney Lane Clarkston, Georgia 30021 (404)296-3581 Georgia Parent Teachers Association (PTA) Citizen
6. Alien L. Mitchell 2951 Flowers Road Suite 242 Atlanta, Georgia 30341 (404)458-3773 Alpharetta Elementary PTA Georgia PTA
7. Carol E.H. Benton 1859 Hardman Lane Woodstock, Georgia 30188 (404)924-4732 Mountain Road Elementary PTA
8. Jan Day 4735 Shagbark Court Lilburn, Georgia 30247 (404)564-1492 Georgia PTA Mountain Park Elementary PTA
9. Rosalee C. Vance 3641 Sheffield Place Tucker, Georgia 30084 (404)493-7117 Georgia PTA Brockett Elementary PTA
10. Michele Kling 3240 Fawn Trail Marietta, Georgia 30066 (404)973-7815 Georgia PTA Addison Elementary PTA
11. Liz Le Cour 3102 Sycamore Lane Marietta, Georgia 30066 (404)973-8050 Georgia PTA Sprayberry PTA J.J. Daniell PTA Addison Elementary PTA
12. Claudette Beach 2352 Fenwick Court Marietta, Georgia 30064 (404)499-9155 Georgia PTA Tapp Middle PTA

13. Nancy H. Jackson P.O. Box 816 Griffin, Georgia 30224 (404)228-1569 Georgia PTA
14. Frances Smith 1402 Oakview Drive Griffin, Georgia 30223 (404)228-0942 Georgia PTA
15. Cathleen J. Vaughn 7505-C Hamilton Road Columbus, Georgia 31909 (404)323-5428 Georgia PTA National Association Women in Construction
16. GaryWillis P.O. Box 267 Cave Spring, Georgia 30124 (404)234-0893 Georgia PTA
17. Frances D. Todd 3639 Meadow Chase Drive Marietta, Georgia 30062 (404)565-1679 Georgia PTA
18. Aaron E. Romine 1809 Canton Rd. Ste 3068 Marietta, Georgia 30066 (404)426-0419 Citizen Romine, Sloss, and Associates
19. Suanne W. Tharpe 315 W. Ponce de Leon Decatur, Georgia 30030 (404)377-0140 Georgians for Better Transportation
20. Harry Thornton 2001 Martin Luther King, Jr. Dr. Atlanta, Georgia 30310 (404)658-7985 Atlanta Bureau of Police ServicesCommercial Crime Prevention Unit
21. Major F.D. Echols 2001 Martin Luther King, Jr., Drive, N.W. Atlanta, Georgia 30310 (404)658-7985 Atlanta Police Dept. Commercial Crime Prevention Unit

MONDAY, JANUARY 8, 1990

25

22. Lt. E.E. Perkins 2001 Martin Luther King, Jr., Drive, N.W. Atlanta, Georgia 30310 (404)658-7985 Atlanta Police Dept. Commercial Crime Prevention Unit
23. Officer Jim Harris 2001 Martin Luther King, Jr., Drive, N.W. Atlanta, Georgia 30310 (404)658-7985 Atlanta Police Dept. Commercial Crime Prevention Unit
24. Betsy Brown 1418 Wood Hollow Lane Marietta, Georgia 30067 (404)859-9307 Schering Corporation
25. Ashley Thrasher 3460 Pheasant Ct. Decatur, Georgia 30034 (404)241-3624 Citizen
26. Void
27. Judy Robinson 805 Peachtree Road, N.E. #633 Atlanta, Georgia 30308 (404)875-0970 Citizen
28. Sara O'Neal 477 Peachtree Street Atlanta, Georgia 30303 (404)873-5811 The Atlanta Ballet, Inc.
29. Kerri S. Milam 946 Highland View Atlanta, Georgia 30306 (404)892-1402 Strategic Communication Services
30. Alien L. Henderson 120 Barrington Hills Dr. Atlanta, Georgia 30350 (404)394-7162 Physical Therapy Assoc. of Georgia Georgians for Clean Water
31. Void

32. E. Deforest Winslow III P.O. Box 960 Newnan, Georgia 30264 (404)253-0087 Georgians for Clean Water, Inc.
33. James A. Freeman Post Office Box 468 Lithonia, Georgia 30058 (404)482-7231 Davidson Minerals Properties
34. Betty Groepper 811 Oakdale Road, N.E. Atlanta, Georgia 30307 (404)378-5724 League of Women Voters of Georgia, Inc.
35. Everett "Larry" Mclntyre 1471 Gresham Road Marietta, Georgia 30062 (404)977-4944 Towing Recovery Association of Georgia
36. Dallas F. Whaley 3580 Yarmouth Hill Lawrenceville, Georgia 30244 (404)923-9518 Towing and Recovery Association of Georgia Georgia Professional Towing and Recovery Association
37. Gary C. Humphrey 2935 Moreland Avenue Conley, Georgia 30027 (404)363-0808 Towing and Recovery Association of Georgia
38. Paul "Mike" Holland, Jr. 2509 Browns Bridge Road Gainesville, Georgia 30501 (404)536-6311 Towing and Recovery Association of Georgia
39. Don Ackerman 315 Main Street Macon, Georgia 31201 (912)742-0221 Towing Recovery Association of Georgia
40. Hellen I. Guttinger Main Street Conyers, Georgia 30207 (404)483-4713 Rockdale County Public Schools

26

JOURNAL OF THE SENATE

41. Robert John Stegg 141 Pryor Street Atlanta, Georgia 30303 (404)730-8333 Fulton County Government
42. Gerald L. Johnson Post Office Box 815 Carrollton, Georgia 30117 (404)834-6459 National Association for Birth Defects National Hydrocethalus Association Georgia Master Appraisers Citizen
43. Linda G. Williams 2372 Main Street Tucker, Georgia 30084-4456 (404)934-8890 Georgia School Food Service Association, Inc.
44. Mary Noreen Skillman 2049 McLendon Avenue, N.E. Atlanta, Georgia 30307 (404)377-0026 National Organization of Women
45. Carol A. White 500 Northside Circle, N.W. Apt. S-ll Atlanta, Georgia 30309 (404)351-8991 Dogwood City Business and Professional Women Georgia Association of Educators
46. Keith E. Hatcher 3200 Presidential Drive Atlanta, Georgia 30340 (404)451-1831 Georgia Realtors
47. Charles P. Barnard 3420 Norman Berry Drive Suite 270 Atlanta, Georgia 30354
(404)768-2078
Berger, Barnard & Thomas, Inc.
48. Carole L. Cole 3420 Norman Berry Drive Suite 270 Atlanta, Georgia 30354 (404)768-2078 Berger, Barnard, & Thomas, Inc.

49. Eugene Lee McCord 3420 Norman Berry Drive Suite 270 Atlanta, Georgia 30354 (404)768-2078 Berger, Barnard, & Thomas, Inc.
50. John J. Chiaramonte, Jr. 4363 North Ocoee Street Cleveland, Tennessee 37312 (615)336-4006 Olin Corporation
51. Vita R. Ostrander 1839 Mt. Royal Drive, N.E. Atlanta, Georgia 30329 (404)634-5522 Georgia Council on Aging American Association of Retired Persons
52. Mark A. Fackler 1404 8th Ave. Albany, Georgia 31707 (912)436-8365 Georgia Credit Union Affiliates
53. Charles D. Wilson P.O. Box 19130 Green Bay, Wisconsin 54307-9130 (414)435-8821 Fort Howard Corporation
54. Vern Karnstedt 901 Sawyer Road Marietta, Georgia 30062 (404)578-9000 Reid-Rowell, Inc.
55. Gregory T. Bailey 3715 Northside Drive Atlanta, Georgia 30327 (404)255-3274 Gregory T. Bailey & Associates, P.C.
56. Luke Livingston 3307 Leeds Way Duluth, Georgia 30136 (404)476-3202 Sandoz Pharmaceutical Corporation
57. Lynn W. Bahnsen Post Office Box 1652 Athens, Georgia 30603 (404)353-4434 Johnson & Johnson
58. John W. Cox 3200 Presidential Drive Atlanta, Georgia 30340 (404)451-1831 Georgia Association of Realtors Inc.

MONDAY, JANUARY 8, 1990

27

59. Emily Ellis 1362 West Peachtree St., N.W. Atlanta, Georgia 30309 (404)876-4624 Georgia Nurses Association
60. Fred Greer, Jr. P. 0. Box 4899 35 Broad Street Atlanta, Georgia 30302-4899 (404)581-4837 Citizens & Southern Corporation, The
61. Deborah Bauer, R.N., M.P.H. 1746 Flagler Avenue, N.E. Atlanta, Georgia 30309 (404)873-1445 Georgia Nurses Association
62. Edna G. Primas 1509 Cedar Avenue Macon, Georgia 31204 (912)743-4678 Georgia Nurses Association
63. Amy B. Horn, R.N., M.N. 425 Brook Ridge Atlanta, Georgia 30340 (404)840-0061 Georgia Nurses Association
64. Susan Dawkins, R.N., M.N. 806 North Hill Parkway Chamblee, Georgia 30341 (404)455-8324 Georgia Nurses Association
65. Cathalene Teahan Post Office Box 1258 Snellville, Georgia 30278 (404)874-7926 Georgia Nurses Association Georgia Aids Coalition, Inc.
66. Charles H. Hamblen 2564 Lake Flair Circle Atlanta, Georgia 30345 (404)633-0122 Georgia Retired Teachers Association
67. Larry D. Lloyd 6666 Powers Ferry Road Suite 366 Atlanta, Georgia 30339 (404)953-9383 Central Health Services, Inc.

68. Harvey Benjamin Yellin Post Office Box 985 Valdosta, Georgia 31603 (912)333-5157 Georgians for Victim Justice
69. John A. Barnes P.O. Box 145 Folkston, Georgia 31537 (912)496-7437 Ga. Association of Assessing Officials
70. Elsie P. Brown 878 Peachtree Street, N.E. Suite 101 Atlanta, Georgia 30309 (404)894-6427 Georgia Association for Primary Health Care
71. F. Abit Massey Post Office Box 763 Gainesville, Georgia 30503 (404)532-0473 Georgia Poultry Federation
72. Angelina R. Luke 3155 Presidential Drive Suite 104 Atlanta, Georgia 30340 (404)451-2662 Atlanta Apartment Association
73. Sherry L. Abbott 732 Ashby Street, NW Atlanta, Georgia 30318 (404)875-0822 Outdoor Advertising Association of Georgia
74. John Poole 233 Peachtree St. Suite 200 Atlanta, Georgia 30303-2705 (404)223-2287 Georgia Self Insurers Association Business Council of Georgia Georgia Liability Crisis Coalition
75. Kelli M. Mock 233 Peachtree Street Suite 200 Atlanta, Georgia 30303 (404)223-2267 Business Council of Georgia
76. Donald N. Upton 211 E. Thompson Street Thomaston, Georgia 30286 (404)647-2345 Citizen

28

JOURNAL OF THE SENATE

77. Rickey Garrett 1351 Beaver Oak Drive Macon, Georgia 31210 (912)477-0893 International Association of Machinists
78. Henry C. Johnson, Sr. 7383 Grover Drive Macon, Georgia 31206 (912)788-0784 International Association of Machinists
79. Scott Thomas 3168 South Walden Road Macon, Georgia 31206 (912)781-4654 International Association of Machinists
80. Michael H. Gardner 2932 Dalton Street Macon, Georgia 31206 (912)781-0072 Bakery, Confectionery & Tobacco Local 362 T Macon Federation of Trades & Labor AFL-CIO
81. T.J. Phillips 3880 Melrose Street Macon, Georgia 31204 (912)745-5031 Communications Workers of America Local 3217
82. Void
83. Jack Girard 1100 Spring Street, NW Atlanta, Georgia 30367 (404)875-0304 Automobile Club-AAA Georgia
84. John A. Molnar 631 Brandi Lane Lawrenceville, Georgia 30244 (404)320-3560 Union Carbide Corporation
85. Charlotte Wilen 1252 West Peachtree Street, N.W. Suite 311 Atlanta, Georgia 30309 (404)873-1993 Continuum Alliance for Healthy Mothers and Children, Inc.

86. Ronald L. Cain P.O. Box 159 Perry, Georgia 31069 (912)987-5215 United Steelworkers of America Local 7731
87. Dick Dorsey 950 East Paces Ferry Rd. Suite 2240 Atlanta, Georgia 30326 (404)261-8834 American Insurance Association
88. Lasa Joiner 2711 Irvin Way Decatur, Georgia 30030 (404)299-6277 Georgia Society for Respiratory Therapy Georgia Library Association Georgia Psychiatric Physicians Association
89. William Alexander 1195 Lenox Circle, N.E. Atlanta, Georgia 30306 (404)876-4572 City of Atlanta City of Savannah
90. Michael R. Fowler 100 Edgewood Avenue Suite 502 Atlanta, Georgia 30303 (404)527-7175 Mental Health Association of Metropolitan Atlanta Mental Health Association of Georgia Residential Services Coalition Citizens and Agencies for Troubled Children (CATCH)
91. Pamela R. Ware 100 Edgewood Avenue NE I, Suite 502 Atlanta, Georgia 30303 (404)527-7175 Mental Health Association of Metropolitan Atlanta Mental Health Association of Georgia Residential Services Coalition Citizens and Agencies for Troubled Children (CATCH)

MONDAY, JANUARY 8, 1990

29

92. Michael S. Raynor 125 Perimeter Center West Suite 346 Atlanta, Georgia 30346 (404)391-2482 Southern Bell
93. Billy J. Baron 5901-C-Suite 345 Atlanta, Georgia 30328 (404)668-0173 ABC Home Health Services, Inc.
94. Martha Eaves 988 Milstead Ave. Conyers, Georgia 30207 (404)483-7511 American Association of Retired Persons OWL
95. Ms. Edith A. Eberhart 6540 Bellburn Road College Park, Georgia 30349 (404)987-9663 Georgia Women's Political Caucus
96. Sylvia M. Sultenfuss 1457 South Ponce de Leon Ave. NE Atlanta, Georgia 30307 (404)373-7201 Georgia Nurses Association
97. Rhonda Poston 4696 Oakdale Rd. Smyrna, Georgia 30080 (404)435-9962 Southern States Landfill, Inc.
98. Gil Muratori 12203 S.W. 107 Court Miami, Florida 33176 (305)253-5828 Hoechst-Celanese Corp.
99. Abbi Little 1900 Century Boulevard Suite 17 Atlanta, Georgia 30345 (404)728-9759 Alcoa Recycling Company, Inc.
100. Travis W. Barlow Post Office Box 686 Pooler, Georgia 31322 (912)748-6046 Citizen

101. Jim Morrison P.O. Box 1194 Darien, Georgia 31305 (912)437-6092 Georgia Game and Fish Federation
102. Sharon Aikens Mack 59 E. Derenne Avenue Savannah, Georgia 31405 (912)651-8888 Mr. Money Check Casher
103. Eric W. Cash 4696 Oakdale Rd. Smyrna, Georgia 30080 (404)435-9962 Southern States Recycling
104. Dr. Malcolm Cummings Suite 218 337 South Milledge Avenue Athens, Georgia 30605 (404)549-2190 Georgia Association of Christian Schools
105. William B. Wood 2400 First Atlanta Tower Atlanta, Georgia 30383 (404)656-1867 Atlanta Convention and Visitors Bureau Georgia Hospitality & Travel Bureau Georgia Automobile Dealers Association Chadwick Road Landfill, Inc. A.E. Staley Co. Parley Industries, Inc. Citicorp Columbia Bank for Cooperatives
106. Hazel C. Cotney 142 Mitchell Street, SW Suite LL1 Atlanta, Georgia 30303 (404)688-3730 Georgia Chiropractic Association
107. Thomasene Blount Roberts 643 Martin Luther King Jr., Dr. SW Morris Brown College Atlanta, Georgia 30331 404-525-7831 Morris Brown College

30

JOURNAL OF THE SENATE

108. John D. Folds, Jr. 1585 Phoenix Boulevard Suite 5 Atlanta, Georgia 30349 (404)996-0509 State Farm Insurance Companies
109. Kathryn Egan Stout 110 North Mill Road Atlanta, Georgia 30328 (404)252-6074 Citizen
110. Gary W. Black 340 Agriculture Bldg. Capitol Sq. Atlanta, Georgia 30334 (404)656-3698 Georgia Agribusiness Council
111. Gilbert H. Gidley 2914 Rockingham Drive Atlanta, Georgia 30327 (404)355-8763 Georgia Conservancy, The
112. William Richard Payne 2164 Ft. Benning Road Columbus, Georgia 31903 (404)689-0066 Citizen
113. Dean G. Auten 6122 Altama Ave. Brunswick, Georgia 31520 (912)264-3326 Agents Action Committee, Inc.
114. Edwin B. Topmiller P.O. Box 9748 2328 Cortez Way Atlanta, Georgia 30319 (404)636-7970 Georgia Sport Shooting Assn., Inc.
115. Ronald F. Updyke 5730 Glenridge Drive Suite 205 Atlanta, Georgia 30328 (404)257-3965 General Motors Corporation

116. Dr. Janie Smallwood 1105 E. College Street Bainbridge, Georgia 31717 (912)246-7523 Professional Association of Georgia Educators Georgia Association of Curriculum & Instructional Supervision Georgia Association of Educational Leaders
117. Michael M. Kumpf 9040 Roswell Road Suite 500 Atlanta, Georgia 30350 (404)641-2439 BP America, Inc.
118. Joe W. Andrews, Jr. Post Office Box 801 Maconf, Georgia 31202 (912)743-8612 Georgia Dairy Products Association Georgia Industrial Loan Association Cole National Corporation Georgia Association of Superior Court Clerks Georgia Tax Officials Association
119. Ted L. Hammock Post Office Box 1648 127 7th Street Augusta, Georgia 30903 (404)828-8360 National Science Center Foundation
120. Virgil T. Smith Post Office Box 1471 Dalton, Georgia 30722-1471 (404)278-3280 American Association of Retired Persons (AARP) Virgil T. Smith Associates
121. Dale E. Brown Two Concourse Parkway Suite 800 Atlanta, Georgia 30328 (404)395-1605 International Association for Financial Planning
122. Bettye L. Stokes, RN 404 Espinosa Street Augusta, Georgia 30901 (404)724-2077 Georgia Nurses Association Chi Eta Phi Nursing Sorority
123. Void

MONDAY, JANUARY 8, 1990

31

124. Coy R. Johnson 112 N. Main Street Gumming, Georgia 30130 (404)887-7761 Lipscomb, Johnson, Ashway
125. Robert A. Cucchi 245 Peachtree Center Ave. Suite 2204 Atlanta, Georgia 30303 (404)659-0303 Ford Motor Company
126. Earl T. Leonard, Jr. Post Office Drawer 1734 Atlanta, Georgia 30301 (404)676-2622 Coca-Cola Company, The
127. Bonita P. Murdock Route 2, Box 788 Forsyth, Georgia 31029 (912)994-4621 Georgia Dental Hygienists Association
128. Helen P. Smith Post Office Box 2309 Savannah, Georgia 31404 (912)944-4863 Georgians for Victim Justice, Inc.
129. Judson C. Greene 1332 Vista Leaf Drive Decatur, Georgia 30033 (404)636-9834 American Association of Retired Persons #2325
130. John H. Thomas Building 2400 3000 Langford Road Norcross, Georgia 30071 (404)447-4611 Georgia Tobacco Business Network Fraternal Order of Police Georgia Burglar and Fire Alarm Association, Inc. Georgia Public Safety Coalition Alamo Rental Car, Inc.
131. J. Barry Schrenk 3566 Lawrenceville Highway Tucker, Georgia 30084 (404)934-2144 Taggart's/Sears Driving School Sears Driving School Association of Georgia Driver Improvement Clinics

132. Jack Wolcott Collins 534 Medlock Road Room 108 Decatur, Georgia 30030 (404)378-2833 Christian Science Committee on Publication for Georgia
133. James L. Cherry 625 Reds Circle Lilburn, Georgia 30247 (404)921-5822 National Center for Handicapped Rights, Inc.
134. Sylvia Cherry 625 Reds Circle Lilburn, Georgia 30247 (404)921-5822 National Center for Handicapped Rights, Inc.
135. C. Robert Smith 6754 Broad Street Douglasville, Georgia 30134 (404)949-2000 Georgia Association of Assessing Officials
136. Joseph Carlisi 4649 Buford Highway Chamblee, Georgia 30341 (404)454-7737 Association of Georgia Driver Improvement Clinics Buford Highway D.U.I. School South Fulton Driver Improvement Clinic Citizen
137. Harold E. Bryant Post Office Box 7368 Columbus, Georgia 31908 (404)649-3153 Blue Cross and Blue Shield of Georgia Inc.
138. Ann Wells White 145 Fifteenth Street #1237 Atlanta, Georgia 30361 (404)881-6665 Georgians for Choice Georgia Women's Political Caucus Planned Parenthood of the Atlanta Area

32

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139. James C. Thompson 1280 Winchester Park Suite 131 Smyrna, Georgia 30080 (404)432-0701 United Auto Workers
140. Gene Sanders 1280 Winchester Parkway Suite 131 Smyrna, Georgia 30080
(404)432-0701
United Auto Workers Union
141. Quinn Hudson 3179 Peachtree Rd. Suite 200 Atlanta, Georgia 30305 (404)233-5976 Fireside Log Homes The Learning Station Atlanta Association of Life Underwriters, The Atlanta Brewing Co. Deak International Limited William Robb Group, The
142. Gregory G. Kergosien 38 Lyme Bay Road Columbia, South Carolina 29212 (803)781-5418 Upjohn Company, The
143. Mary Frances Williams 1105 West Peachtree St. Atlanta, Georgia 30309 (404)873-6916 National Association of Social Workers-Georgia Workers Georgia Association of Licensed Adoption Agencies Families First
144. J. Brian Munroe 1050 Connecticut Avenue Washington, DC 20036 (202)223-1975 HLR Service Corporation
145. Bill McBrayer 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303 (404)577-3435 Georgia Retail Association Georgia Chain Drug Council Opticians Association of Georgia

146. Alton H. Hopkins Suite 1607 3400 Peachtree Road, N.W. Atlanta, Georgia 30326 (404)237-1035 Crown Central Petroleum Corp.
147. William G. Appel 2175 Northlake Parkway Suite 128 Tucker, Georgia 30084 (404)934-3919 Georgia Independent Automobile Dealers Assn.
148. Ron Byrd Route 9, Box 239A #1 Cannonball Lane Ringgold, Georgia 30736 (404)861-4261 Rorer Pharmaceutical Corp.
149. Frank Barren Thorpe P.O. Box 7776 Macon, Georgia 31209 (912)474-1096 Georgia Wholesale Grocers Association
150. Linda Coursey Jones Post Office 29217 Atlanta, Georgia 30359 (404)364-9479 Atlanta Audubon Society
151. Richard B. Cobb 50 Hurt Plaza Suite 720 Atlanta, Georgia 30303 (404)522-2574 Georgia Petroleum Council
152. Lucy C. Willis, RNC 1377 Oakleigh Drive East Point, Georgia 30344 (404)761-7771 Georgia Nurses Association Georgia Association of Occupational Health Nurses
153. Robert C. Boone Post Office Box 1706 Atlanta, Georgia 30301 (404)984-3010 Chevron U.S.A. Inc.
154. Lynn L. White 920 Green Street Conyers, Georgia 30207 (404)483-2408 Georgia Child Care Association

MONDAY, JANUARY 8, 1990

33

155. Robert M. Jeter 1825 South Oaks Byromville, Georgia 31007 (912)433-2000 Motorola Communications
156. William Greenhaw 3593 Overlook Avenue Macon, Georgia 31204 (912)474-2212 Professional Association of Georgia Educators
157. Jet Toney 41 Marietta Street Suite 714 Atlanta, Georgia 30303 (404)522-8487 Georgia Trial Lawyers Association
158. Sandra C. Mershon 952 Edgewood Avenue, N.E. Atlanta, Georgia 30307 404-524-0435 Citizen
159. J. Robert Benton 7179 Jonesboro Rd. Suite 200 Moorrow, Georgia 30260 (404)968-0485 Wine Institute
160. Perry Price 180 Roswell Street Suite B Marietta, Georgia 30060 (404)427-4441 Citizen Law Offices of D. Pam Monroe
161. Theresa Ann Sipe 537 Lakeshore Dr. Berkeley Lake, Georgia 30136-3035 (404)447-4731 American College of Nurse-Midwives, Georgia Chapter
162. Ernest Davis, Jr. 151 Spring Street, N.W. Atlanta, Georgia 30335 (404)524-5811 Atlanta,* Legal Aid Society, Inc. Georgia Legal Services Programs, Inc.
163. W. A. Bagwell Post Office Box 1 Gainesville, Georgia 305^3 (404)532-7211 Alliance of American Insurers

164. Neal H. Ray 1940 Equitable Building Atlanta, Georgia 30303 (404)521-2268 Heyman & Sizemore
165. Stephen Hyles 927 3rd Avenue Columbus, Georgia 31902 (404)324-0882 Georgia Private School Association
166. Nevin Jones 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators (GAE)
167. Peggy A. Ashe Mental Health Assoc. of Ga. 1244 Clairmont Rd. Ste. 204 Decatur, Georgia 30030 (404)634-2850 Mental Health Association of Georgia
168. Harry L. Werner Locust Grove Elem. School 1727 Griffin Road Locust Grove, Georgia 30248 (404)957-5416 Professional Association of Georgia Educators
169. Brian T. Evans Post Office Box 210 Juliette, Georgia 31046 (912)986-4620 Appleton Family Ministries Middle Georgia Council for Children & Youth Georgia Residential Child Care Association
170. Ralph S. Turner 2773 N. Decatur Road Decatur, Georgia 30033 (404)292-1551 DeKalb Grand Jurors Association
171. Mrs. Johnnie Forgay 4220 Klondike Road Lithonia, Georgia 30038 (404)982-1923 Georgia Nurses Association

34

JOURNAL OF THE SENATE

172. W.R. Hornsby 750 Glass Street, N.W. Atlanta, Georgia 30318 (404)873-6904 Georgia Professional Bail Agents
173. Thomas H. Brewer 254 Pryor Street Atlanta, Georgia 30303 (404)659-2900 Georgia Association Professional Bail Agents
174. Robert D. Clark 8595 Dunwoody Place Atlanta, Georgia 30350 (404)998-6862 Southern Net, Inc. Citizen
175. Lisa Johnsa Gwinnett Justice Admin. Center 75 Langley Drive Lawrenceville, Georgia 30518 (404)822-7302 Citizen
176. Herbert H. Mabry 501 Pulliam St., S.W. Suite 549 Atlanta, Georgia 30312 (404)525-2793 Georgia AFL-CIO
177. James W. McAllister 303 Waverly Way LaGrange, Georgia 30241 (404)884-7861 City School Systems of Georgia Professional Association of Georgia Educators
178. Robert H. Forry 1400 Candler Building Atlanta, Georgia 30043 (404)658-8042 Troutman, Sanders, Lockerman & Ashmore
179. Gould B. Hagler, Jr. P.O. Box 48386 Atlanta, Georgia 30362 404-458-0093 Independent Insurance Agents of Georgia

180. Richard A. Ray 501 Pulliam Street, S.W. Suite 233 Atlanta, Georgia 30312 (404)525-8133 Atlanta Labor Council A.F.L.-C.I.O.
181. James P. Kulstad 158 Flora Avenue Atlanta, Georgia 30307 (404)588-9455 Campaign for a Prosperous Georgia Common Cause of Georgia
182. Daniel P. Starnes 100 Edgewood Avenue Suite 1008 Atlanta, Georgia 30303 (404)527-7565 Council for Children, Inc.
183. Fred B. Kitchens, Jr. Suite 414 Six Piedmont Center 3525 Piedmont Road, N.E. Atlanta, Georgia 30305 (404)261-4518 Wine & Spirits Wholesalers of Georgia
184. Gay Colyer 946 Winall Down Road Atlanta, Georgia 30319 (404)231-4105 Junior League of Atlanta
185. David Swann P.O. Box 7313 Atlanta, Georgia 30357 (404)873-3003 Citizen
186. Kathleen B. Moss 641 Brannan Road McDonough, Georgia 30253 (404)957-9089 Henry County Farm Bureau Citizen
187. Charles Musselwhite P.O. Box 909 Dahlonega, Georgia 30533 (404)864-5200 Georgia Association of Educational Leaders

MONDAY, JANUARY 8, 1990

35

188. John S. Yates Post Office Box 909 Dahlonega, Georgia 30533 (404)864-5200 Georgia Association of Educational Leaders
189. W.A. (Bill) Hathaway 1067 McConnell Drive Decatur, Georgia 30033 (404)634-2811 Georgia Federal/Military Retiree Coalition Georgia Federation of Chapters, NARFE
190. Robert R. Potter 1355 Peachtree Street Atlanta, Georgia 30309-3238 (404)888-6105 State Farm Insurance Companies
191. B. Keith Melton 230 Peachtree Street, N.W. Suite 1810 Atlanta, Georgia 30303 (404)658-7000 Atlanta Economic Development Corporation (AEDC)
192. Michael Axon 374 Maynard Terrace, S.E. #202 Atlanta, Georgia 30316 (404)377-8924 Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO
193. E. Douglas Henson 400 Cleveland Avenue Atlanta, Georgia 30315 (404)761-8455 Georgia Dental Association
194. Ann Adamson 2160 East Lake Road, NE Atlanta, Georgia 30307 (404)373-4716 Joe Sports Associates, Inc.
195. Milo Dakin 400 South Union Suite 405 Montgomery, Alabama 36104 (205)265-2158 Alabama Sports Association Inc.

196. Ervin W. Goodroe Post Office Box 160 Austell, Georgia 30001 (404)941-0223 Building Material Merchants Assn.
197. Joseph J. Kelly Post Office Box 4582 Atlanta, Georgia 30302 (404)329-5450 Texaco Lubricants Company Texaco Inc. Texaco USA Star Enterprise
198. Pat Gardner 1170 Fourteenth Place Atlanta, Georgia 30309 (404)874-5219 Georgia Psychological Association
199. Jim Tudor P.O. Box 739 Tucker, Georgia 30085-0739 (404)939-9583 Georgia Association of Convenience Stores
200. James H. Purcell 501 Cain Tower Peachtree Cen. 229 Peachtree St., N.E. Atlanta, Georgia 30303-1601 (404)588-0517 Alliance of American Insurers
201. D.H. (Jack) Brewer 4363 N. Ocoee Street Cleveland, Tennessee 37312 (615)336-4005 Olin Corp.
202. Elaine LaLonde 100 Edgewood Avenue #1010 Atlanta, Georgia 30303 (404)522-8683 League of Women Voters of Georgia, Inc.
203. Jim H. Groome 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339 (404)438-1589 China Clay Producers Association Inland Container Corporation

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JOURNAL OF THE SENATE

204. Wales F. Barksdale 981 Milstead Avenue Conyers, Georgia 30207 (404)922-4000 A. R. Barksdale, Inc. Snapping Shoals Electric Membership Corporation City of Conyers Con Roc Inc. Flynt Lumber Company
205. Tim G. Griffin 10005 Monroe Road Post Office Box 625 Matthews, North Carolina 28106-0625 (704)845-7305 Alltell Georgia, Incorporated
206. Jeff Bickerstaff 1821 Iris Drive Columbus, Georgia 31906 (404)327-5363 American Family Life
207. Monty Veazey Post Office Box 1572 Tifton, Georgia 31793 (912)386-8660 Home Builders of Georgia Scientific Games Consulting Engineers 3M Company Chambers Development, Inc. Georgia Not for Profit Hospitals, Inc.
208. Susan E. Whitney 2844 Jasmine Court Atlanta, Georgia 30345 (404)496-0860 League of Women Voters of Georgia
209. James A. Labanosky 1610 Marvin Griffin Road Augusta, Georgia 30903 (404)798-4346 Monsanto Chemical Company
210. Bobby Riley 1550 Blvd. Drive, NE Atlanta, Georgia 30317 (404)371-4854 Georgia Industrial Technology Education Association (GITEA) Professional Association of Georgia Educators

211. Eva Galambos 5070 Trimble Road Atlanta, Georgia 30342 (404)255-4430 Committee for Sandy Springs
212. Martin C. Petersen Post Office Box 878 St. Marys, Georgia 31558 (912)882-4241 Oilman Paper Company
213. RitaValenti 600 Northern Ave. Apt. F-301 Clarkston, Georgia 30021 (404)292-1219 Georgia Nurses Association
214. Charlotte Gattis 1000 Circle 75 Parkwway Suite 060 Atlanta, Georgia 30339 (404)955-4522 Georgia Manufactured Housing Association
215. Marie P. Mitchell 715 McLendon Street Ashburn, Georgia 31714 (912)567-2387 Professional Association of Georgia Educators
216. Larry Baumwald 260 N. Milledge Ave. P. 0. Box 8025 Athens, Georgia 30603 (404)353-8444 Agents Action Committee, Inc. Nationwide Insurance Independent Contractors Association
217. William M. Davis, DOS 2482 Jett Ferry Road Suite 6805, B5 Dunwoody, Georgia 30338 (404)256-2334 Georgia Sport Shooting Association
218. Rachel B. Champagne 100 Edgewood Avenue Room 128 Atlanta, Georgia 30303 (404)527-7652 Metropolitan Atlanta Crime Commission Georgians for Victim Justice

MONDAY, JANUARY 8, 1990

37

219. Robert K. Yass One Tower Square 6-SHS Hartford, Connecticut 06183-1060 (203)954-8235 Travelers Companies, The
220. Don Floyd 270 Pryor Street, SW Atlanta, Georgia 30303 (404)659-0211 Georgia Association of Professional Bondsmen
221. Bill W. Gray 11405 Hackett Road Roswell, Georgia 30075 (404)993-5148 RBN Consultants Limited Georgia Hearing Aid Society City of Roswell
222. Peggy Stewart 1308 Highland Avenue Dublin, Georgia 31021 (912)272-5289 Professional Association of Georgia Educators
223. Thomas Perry Stewart 1308 Highland Avenue Dublin, Georgia 31021 (912)272-5289 Professional Association of Georgia Educators
224. Bob L. Izlar 500 Pinnacle Court Suite 505 Norcross, Georgia 30071 (404)416-7621 Georgia Forestry Association, Inc.
225. Alethea K. Garnett P. 0. Box 105605 Atlanta, Georgia 30348 (404)521-4752 Georgia Pacific Corporation
226. Lee R. Lemke 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339 (404)438-1588 Georgia Mining Association China Clay Producers Association

227. J.P. Harrington, Jr. 39 S. Peachtree Street Norcross, Georgia 30071 (404)447-5696 Professional Insurance Agents of Georgia
228. Linda S. Lowe 161 Spring Street Atlanta, Georgia 30303 (404)656-6021 Clients of Georgia Legal Services Program Continuum Alliance for Healthy Mothers and Children, Inc.
229. Elizabeth Marsh Martin 1081 Virginia Avenue, N.E. Atlanta, Georgia 30306 (404)873-2319 Junior League of DeKalb Co.
230. Michael R. MacKenzie 974 Klondike Court Suite 102 Conyers, Georgia 30207 (404)483-6168 Parole Consultant Services of Georgia, Inc.
231. Herman R. Daniell 1 Depot Street Marietta, Georgia 30060 (404)528-3100 Georgia Association of Assessing Officials
232. Robert L. Steed 2500 Trust Company Bank Atlanta, Georgia 30303 (404)572-4656 Federated, Inc.
233. Albert F. Collins Post Office Box 93345 Atlanta, Georgia 30318 (404)874-6805 Citizens for Safe Government, Inc.
234. C. Robert Hilliard Post Office Box 93345 Atlanta, Georgia 30318 (404)874-6805 Citizens for Safe Government, Inc.
235. George B. Hills Post Office Box 93345 Atlanta, Georgia 30318 (404)874-6805 Citizens for Safe Government, Inc.

38

JOURNAL OF THE SENATE

236. Jack Cory 120 E. Jefferson Street Tallahassee, Florida 32301 (904)893-0995 Resource Technology Associates, Inc. Mindis International Southern Lobbying Services, Inc. Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service Alamo Car Rental Inc.
237. Keyna Dyar Cory 120 East Jefferson Street Tallahassee, Florida 32301 (904)893-0995 Resource Technology Associates Inc. Mindis International Southern Lobbying Services, Inc. Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service Alamo Car Rental Inc.
238. Brian Johnstone 1200 Peachtree Street N.E. Atlanta, Georgia 30309 (404)873-8534 American Telephone & Telegraph & Affiliated Companies
239. Michele A. Shelton 5901-B Peachtree Dunwoody Suite 475 Atlanta, Georgia 30328 (404)698-0968 Georgia Federation of Teachers AFL-CIO
240. James Hoffer Suite 475 5901B Peachtree Dunwoody Rd, NE Atlanta, Georgia 30328 (404)698-0968 Georgia Federation of Teachers
241. John M. Albertine 6300 Sears Tower Chicago, Illinois 60606 (404)656-1800 Parley, Inc.

242. Conrad J. Sechler 2355 Main Street Tucker, Georgia 30084 (404)938-7911 Georgia Financial Services Association Eagle Bancshares, Inc. Central Underwriters, Inc.
243. Jack H. Housworth 1950 Century Boulevard Suite 5 Atlanta, Georgia 30345 (404)633-9811 Mechanical Industries Council
244. Delores Gallego Delta Air Lines, Inc. Dept. 977 Hartsfield Atlanta Intl Airport Atlanta, Georgia 30320 (404)765-2458 Air Transport Association of America
245. James N. Parkman 233 Peachtree Street Suite #200 Atlanta, Georgia 30303 (404)223-2264 Business Council of Georgia
246. Mark D. Anthony 4371 Winters Chapel Rd. #322 Atlanta, Georgia 30360 (404)446-8763 Gwinnett GOP Students for an Educated Georgia Georgia GOP
247. June Deen 2452 Spring Road Smyrna, Georgia 30080 (404)434-8273 American Lung Association of Ga.
248. Luke R. Lassiter 106 Pine Crest Drive Gumming, Georgia 30130 (404)887-9605 National Association of Independent Insurers
249. Ray P. Williams 938 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)876-7535 Georgia Academy of Family Physicians Georgia Society of Opthalmology

MONDAY, JANUARY 8, 1990

39

250. James D. King, Jr. 2424 Piedmont Avenue Atlanta, Georgia 30324 (404)848-5049 Metropolitan Atlanta Rapid Transit Authority
251. James L. Mynes 2218 6th Ave. S.E. P. O. Box 1513 (Mail) Decatur, Alabama 35602 (205)353-3137 ITT Consumer Financial Corporation
252. Joe Brannen 50 Hurt Plaza Suite 1050 Atlanta, Georgia 30303 (404)522-1501 Georgia Bankers Association
253. Sam M. Poole One American Place Suite 1820 Baton Rouge, Louisiana 70825 (504)344-3201 DuPont Co. Conoco Inc. Kayo Oil Co. Consol
254. Archie Burnham 5829 Little Mountain Drive Ellenwood, Georgia 30049 (404)987-0490 Georgia Safety Council, The
255. Bob Margolin 4544 Leonora Drive Tucker, Georgia 30084 (404)938-0725 Syntex Laboratories Inc.
256. John C. Miller 1855 Oak Lake Drive Clearwater, Florida 34624 (813)888-5541 National Advertising Co.
257. Herman L. Moore P.O. Box 105605 Atlanta, Georgia 30348 (404)521-4756 Georgia Pacific Corporation
258. Palmira Braswell 3016 Paige Drive Macon, Georgia 31211 (912)745-3247 Professional Association of Georgia Educators

259. Thomas A. Player 75 Poplar Street Haas Howell Building Atlanta, Georgia 30303-2122 (404)681-2600 Aetna Insurance Company
260. Judith Baird Marquis Two Suite 2600 285 Peachtree Center Avenue Atlanta, Georgia 30303-1270 (404)681-2600 Aetna Casualty & Surety Company, The
261. Danny A. Toth Holmes Pharmacy 111 Main Street LaGrange, Georgia 30240 (404)884-7301 Georgia Pharmaceutical Association
262. William J. Shortt P. 0. Box 2537 Gainesville, Georgia 30503 (404)532-3591 Johnson & Johnson
263. Karen S. Gillespie Post Office Box 16503 Atlanta, Georgia 30321 (404)968-2656 Bristol-Myers
264. G.L. (Roy) Bowen, III 50 Hurt Plaza Suite 985 Atlanta, Georgia 30303 (404)688-0555 Georgia Textile Manufacturers Association, Inc.
265. Linda G. Edmonds Post Office Box 36313 Decatur, Georgia 30032 (404)296-3130 Georgia Optometric Association
266. Carrie King Downs 1600 Oakbrook Drive Suite 580 Norcross, Georgia 30247 Georgia Interconnect Association

40

JOURNAL OF THE SENATE

267. J. Emmett Henderson 2930 Flowers Road South Ste 102 Atlanta, Georgia 30341 (404)451-9361 Georgia Council on Moral and Civic Concerns, Inc.
268. James C. Clinkscales Suite 206 145 S. Ave. Marietta, Georgia 30060 (404)423-7577 Georgia Federation of Appraisers National Federation of Appraisers National Federation of Real Estate Professionals Georgia Federation of Real Estate Professionals
269. Helga Nehl P. 0. Box 129 Kingston, Georgia 30145 (404)336-5521 Association of Eclectic Physicians Informed Health Care Association of Georgia, Inc. Citizen
270. Jim Martin 3340 Peachtree Road, N.E. Suite 2750 Atlanta, Georgia 30326 (404)231-8676 Georgia Society of CPA's, Inc.
271. Kip Loggins Suite 900 One Premier Plaza 5605 Glenridge Drive Atlanta, Georgia 30342 (404)256-0700 Allstate Insurance Company
272. Georgianne Bearden 3700 B Market Street Clarkston, Georgia 31029 (404)292-7243 Professional Association of Georgia Educators
273. H. Sidney Linton 1640 Powers Ferry Road Building 18 Suite 320 Atlanta, Georgia 30067 (404)955-7515 GTE South

274. Lansing B. Lee, III Attorney at Law 2550 M Street, N.W. Washington, DC 20037 (202)457-6527 Cigna, Corp. Gambrell Investments Patton, Boggs, & Blow Attorneys
275. Donald C. Colby Post Office Box 9903 Columbus, Georgia 31908 (404)568-5547 United Technologies Pratt & Whitney
276. Donald E. Tefft 165 Brickleberry Drive Roswell, Georgia 30075 (404)998-2842 First Insurance Network, Inc. Peachtree Casualty Insurance
277. Neill Herring 257 S. Elm St. Jesup, Georgia 31545 (912)427-0667 Campaign for a Prosperous Georgia Georgia Association of Railroad Passengers Georgia Chapter Sierra Club Amalgamated Transit Union Local 732
278. Vickie Moody Beasley 2719 Buford Hwy #207 Atlanta, Georgia 30324 404-728-0223 Georgia Association of Homes and Services for the Aging
279. Cliff C. "Bucky" Kimsey, III 55 Marietta Street Atlanta, Georgia 30303 (404)529-4784 Bank South, N.A.
280. Grady Perry, Jr. 41 Marietta Street Suite 507 Atlanta, Georgia 30303 (404)577-7910 Georgia League & Savings Institution

MONDAY, JANUARY 8, 1990

41

281. Sharon Adams 1009 Oglethorpe Avenue Atlanta, Georgia 30310 (404)755-4421 Prime Cable Citizen Georgia Cable Association Waste Management, Inc. A. L. Williams Corp.
282. Priscilla Casciolini 342 Nalley Drive Stone Mountain, Georgia 30087 (404)923-4171 Citizen's and Agencies for Troubled Children Georgia Alliance for the Mentally 111 Mental Health Association of Metro Atlanta
283. Neal B. Caldwell 900 North Hairston Road Suite D Stone Mountain, Georgia 30083 (404)296-0305 Georgia Association of Petroleum Retailers, Inc.
284. Richard L. Marshall, Sr. 900 North Hairston Road Suite D Stone Mountain, Georgia 30083 (404)296-0305 Georgia Association of Petroleum Retailers, Inc.
285. Jack W. Houston 900 North Hairston Road Suite D Stone Mountain, Georgia 30083 (404)296-0305 Georgia Association of Petroleum Retailers, Inc.
286. Julius M. Lennard, Jr. Ill Huntington Road, N.E. Atlanta, Georgia 30309 (404)875-1060 Grand Jurors Association of Fulton County
287. Bobby G. Martin 149 Weatherstone Parkway Marietta, Georgia 30068 (404)973-5014 Fulton County Retired Teachers Association Citizen

288. Donna E. Lane P.O. Box 1331 Lawrenceville, Georgia 30246 404-995-7620 Gwinnett County Children's Shelter Georgia Residential Child Care Association
289. Ed McGill Suite A-106 1500 Klondike Road Conyers, Georgia 30207 (404)922-6555 Georgia Alcohol Dealers Association, Inc.
290. George Hugh Ross 4678 Jefferson Township Lane Marietta, Georgia 30066 (404)992-6245 Marion Merrell Dow Inc.
291. Robert J. Middleton, Jr. 1400 Peachtree Place Tower 999 Peachtree St., N.E. Atlanta, Georgia 30309-3999 (404)870-6478 Municipal Gas Authority of Georgia, The Municipal Electric Authority of Georgia
292. Lee Richardson P.O. Box 2356 Smyrna, Georgia 30081 (404)438-8442 Abate of Ga., Inc.
293. Gerald W. Bowling 1400 Peachtree Place Tower 999 Peachtree Street, N.E. Atlanta, Georgia 30309-3999 (404)870-6482 Municipal Gas Authority of Georgia, The Municipal Electric Authority of Georgia
294. James R. Davis 439 Cotton Avenue Macon, Georgia 31201 (912)744-7672 Georgia Association of Assessing Officials

42

JOURNAL OF THE SENATE

295. Carl M. Toney 232 12th St., N.E., #1 Atlanta, Georgia 30309 (404)875-0741 Georgia Association of Physician Assistants
296. Gary M. Holmes 1270 South Tower One CNN Center Atlanta, Georgia 30303-2705 (404)659-4567 City of Atlanta
297. Shirley Brother 119 Pharr Road, NW, #B-2 Atlanta, Georgia 30305 (404)237-2366 Citizen
298. William (Bill) Renouf 2175 Parklake Drive Suite 430 Atlanta, Georgia 30345 (404)496-0079 Associates Corporation of North America
299. Dick (Richard) Rhodes 1298 Keys Lake Drive Atlanta, Georgia 30319 (404)636-5410 Georgia Aids Education Group LEGAL (Legislate Equality for Gays and Lesbians) Citizen
300. Karen Opp Labarr 2131 Strasburg Court Dunwoody, Georgia 30338 (404)438-8652 Citizen
301. Stephen Kip Burt 4367 Oak Creek Sub Gainesville, Georgia 30501 (404)532-7187 Citizen
302. George P. Dillard Suite 1700 999 Peachtree St., NE Atlanta, Georgia 30309 (404)870-4900 Dillard, Greer, Westmoreland & Wilson

303. Percy Marchman 2799 Lawrenceville Highway Suite 200 Decatur, Georgia 30033 (404)621-9837 Georgia Association Property & Casualty Insurance Companies
304. Harold L. Russell 2400 First Atlanta Tower Atlanta, Georgia 30383 (404)656-1800 Radar, Inc. Georgia Association of Realtors Eastern Airlines
305. J.C. Reynolds 501 Pulliam Street, SW Suite 350 Atlanta, Georgia 30312 (404)522-0684 Amalgamated Transit Union
306. Judith A. Janus 6666 Powers Ferry Road Suite 260 Atlanta, Georgia 30339 (404)984-9704 Georgia Association of Home Health Agencies, Inc.
307. Raymond C. Smith 2540 Lakewood Avenue Atlanta, Georgia 30315 (404)622-0521 Teamsters Local 728
308. Ellen B. Coody 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators Georgia Vocational Association, Inc.
309. Amos A. Plante Post Office Box 60626 New Orleans, Louisiana 70160-0626 (504)561-3712 Exxon Corporation

MONDAY, JANUARY 8, 1990

43

310. Rusty Kidd Post Office Box 77102 Atlanta, Georgia 30357 (404)876-0353 Georgia Podiatric Medical Association Georgia Society of C.P.A.'s Morgan Homes Clients of Kidd and Associates Hemophilia Foundation of Georgia R.J. Reynolds U.S.A. Georgia Special Olympics Middle Georgia Management Services Inc. Georgia Business Travel Corp.
311. John R. Reineke 5810 Ashridge Court Stone Mountain, Georgia 30087 (404)923-3698 Waste Management, Inc.
312. Bruce E. Widener 1847 C-Peeler Road Dunwoody, Georgia 30338 (404)393-8625 Georgians for Better Transportation Printing Industry Association of Georgia Yancey Brothers Company Georgia Equipment Distributors Assn. Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association
313. Joseph C. Barto, LTC Ret. 3229 Barkside Court Chamblee, Georgia 30341 (404)457-2102 Georgia Retired Officers Association Georgia Federal Military Coalition
314. Robert R. King 600 West Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30308 (404)873-4482 Georgia Hospitality & Travel Association
315. Sam E. West Seed Lake Rt. #1, Box 2506 Lakemont, Georgia 30552 (404)782-4815 Beneficial Mangement Co. of America

316. John P. Silk 1900 Century Blvd. Suite 8 Atlanta, Georgia 30345 (404)321-5368 Georgia Telephone Association
317. J. Render Hill Court Square Greenville, Georgia 30222 (404)672-1227 US Sprint
318. Pat Chapman 3250 Memorial Drive Decatur, Georgia 30032 (404)378-9786 American Home Health Care, Inc.
319. Margie Pitts-Hames 2671 Rivers Road Atlanta, Georgia 30305 (404)266-8451 Georgia Abortion Providers
320. Tavia McCuean 1401 Peachtree St. NE Ste 136 Atlanta, Georgia 30309 (404)873-6946 Nature Conservancy, The
321. Susan Dalton 4803 Floyd Road Mableton, Georgia 30080 (404)941-0366 Georgia Library Media Association Professional Association of Georgia Educators
322. Alien Gossett East Rome High School 1401 Turner McCall Blvd. Rome, Georgia 30161 (404)295-7400 Georgia Industrial Technology Educators Association Georgia Vocational Association Professional Association of Georgia Educators
323. Jim Kittrell 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318 (404)350-5227 CSX Transportation

44

JOURNAL OF THE SENATE

324. Marybeth Robertson Atkins 151 Ellis Street Suite #422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corporation
325. Ruth F. Claiborne 120 Ralph McGill Blvd. Suite 1600 Atlanta, Georgia 30308 (404)892-3100 Visiting Nurse Corporation Georgia Council on Child Abuse Planned Parenthood of the Atlanta Area, Inc. Girl Scouts Councils of Georgia School Social Workers Association of Georgia Girl Scout Council of Georgia
326. Roger T. Lane 3581 Habersham at North Lake Tucker, Georgia 30278 (404)938-0775 Georgia Oilmen's Association
327. Stewart Acurf 501 Pulliam Street, S.W. Suite 535 Atlanta, Georgia 30312 (404)523-7884 Georgia State Employees Union, Local 1985
328. Francis J. Mulcahy 5780 Powers Ferry Road, N.W. Atlanta, Georgia 30327-4390 (404)980-5653 Life Insurance Company of Georgia
329. Jane Thomas 2989 Evans Woods Drive Atlanta, Georgia 30340 (404)939-2484 Professional Association of Georgia Educators
330. Joan R. Gates 100 Edgewood Avenue, N.E. Suite 1604 Atlanta, Georgia 30303 (404)688-9300 Planned Parenthood of the Atlanta Area

331. Mary Farmer 1810 Rockbridge Place, NE Atlanta, Georgia 30324 (404)874-1292 Hill, Rose & Farmer
332. Wilton Hill Post Office Box 158 Reidsville, Georgia 30453 (912)557-4201 Georgia School Bus Drivers Association, Inc.
333. Kay Y. Young 161 Spring Street, N.W. 5th Floor Atlanta, Georgia 30303 (404)656-6021 Georgia Legal Services Program Atlanta Legal Aid Society, Inc.
334. Gayle Sexton 3735 Memorial Drive Decatur, Georgia 30032 (404)284-8700 Georgia Health Care Association
335. J. Wendell Brigance 3735 Memorial Drive Decatur, Georgia 30032 (404)284-8700 Georgia Health Care Association
336. Yusuf Jamal AH 108 E. Ponce DeLeon Ave. Suite 204 Decatur, Georgia 30030 (404)378-0631 A&H Asbestos Removal, Inc.
337. Gary P. Fowler 147 Harris Street, N.W. Atlanta, Georgia 30313 (404)522-5941 Associated General Contractors of America, Inc.
338. John F. Chambless 147 Harris Street, N.W. Atlanta, Georgia 30313 (404)522-5941 Associated General Contractors of America, Inc.
339. Colin S. Braybrooks 230 Houston Street, NE Atlanta, Georgia 30303 (404)659-3300 United Family Life Insurance Co.

MONDAY, JANUARY 8, 1990

45

340. John T. Mitchell 1400 Coleman Avenue Macon, Georgia 31207 (912)752-2776 Mercer University
341. Irene Munn 2060 East Exchange Place Suite 110 Tucker, Georgia 30084 (404)938-4555 Georgia Sheriffs Association
342. Jack W. Hatcher Post Office Box 10 Ringgold, Georgia 30736 (404)935-2241 Salem Carpet Mills, Inc. Carpet and Rug Institute
343. Kelvin F. MacDonald 8270 Dawn Drive Jonesboro, Georgia 30236 (404)454-7612 Georgia Right to Life Committee, Inc.
344. William R. Goodell 2500 Trust Company Tower Atlanta, Georgia 30303 (404)572-3341 King & Spalding
345. Glenn B. Smith Post Office Box 11037 Macon, Georgia 31212 (912)474-6560 Georgia Cattlemen's Association
346. Randall M. Lipshutz 2300 Harris Tower-Ptree Center 233 Peachtree St., N.E. Atlanta, Georgia 30043 (404)688-2300 Community Association InstituteGeorgia Chapter
347. Susan Saleska 2199 Bull Run Court Atlanta, Georgia 30062 (404)973-0604 Traffic Safety Now Georgia Tire Dealers Assoc. Soap and Detergent Mfg. Georgia Coalition for Health Assoc. Ins. Risk Pool Georgia Coalition Persons with Developmental Disabilities National Head Injury Foundation, Georgia Association

348. Connie I. Graves 1362 W. Peachtree Street, N.E. Atlanta, Georgia 30309 (404)876-4624 Georgia Nurses Association
349. Gordon D. Giffin 134 Peachtree Street Suite 1900 Atlanta, Georgia 30303 (404)527-4020 Long Aldridge & Norman
350. Kevin S. King 3100 Breckinridge Blvd. Building 1200 Duluth, Georgia 30136 (404)564-6184 Management Financial Services, Inc. A.L. Williams Corporation, The
351. Linda M. Wiltse 957 North Highland Avenue Atlanta, Georgia 30306 (404)892-3476 Young Women's Christian Association
352. Richard L. Greene 938 Peachtree Street, N.E. Suite 207 Atlanta, Georgia 30309 (404)876-7535 Georgia Health Network Medical Association of Georgia MAG Mutual Insurance Company
353. James R. Newman 346-125 Perimeter Center West Atlanta, Georgia 30346 (404)391-4545 Southern Bell
354. Ellen A. Rhoades 2045 Peachtree Rd., N.E. Ste. 810 Atlanta, Georgia 30309 (404)352-4145 Auditory Education Center
355. Martha S. Phillips 2951 Flowers Road, South Suite 112 Atlanta, Georgia 30341 (404)458-6166 Georgia Dental Association
356. Joseph R. Parrott, Jr. 750 Hammond Dr. Bldg. #9 Atlanta, Georgia 30328 (404)256-7811 ITT Rayonier

46

JOURNAL OF THE SENATE

357. Thomas J. Harrold, Jr. 1409 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)885-1500 Northeast Georgia Surface and Air Transportation Comm. Motion Picture Association of America, Inc. Southeastern International Bankers Association
358. Mary K. Felton 2580 Woodward Way, NW Atlanta, Georgia 30305 (404)641-4444 Browning-Ferris Industries, Inc.
359. Joyce Carter Stevens 500 Northridge Road Suite 825 Atlanta, Georgia 30350 (404)641-4444 Browning-Ferris Industries, Inc.
360. Lana M. Chase GSU School of Nursing Atlanta, Georgia 30303 404-651-3046 Georgia Nurses Association
361. Charles McGrady 2646 Hawthorne Place Atlanta, Georgia 30345 404-391-8423 Sierra Club, Georgia Chapter Georgia Conservancy, The
362. Vicki Bell 955 Concord Road, SE Smyrna, Georgia 30080 (404)433-1515 Georgia Society of Allied Health Professions Georgia Abortion Rights Action League
363. William A. Travis 1444 Dallas Circle Marietta, Georgia 30064 (404)424-0769 McNeil Pharmaceutical
364. Robert Shig Porter 4750 Waters Avenue Suite 472 Savannah, Georgia 31404 (912)351-5170 Memorial Medical Center, Inc. Provident Health Services, Inc. Americare, Inc. (Home Health)

365. Reginald Strickland 3109 Crossing Park Post Office Box 129 (Mail) Norcross, Georgia 30091 (404)449-5610 Georgia Property & Casualty Insurance Companies Georgia Premium Finance Assn. Georgia Surplus Lines Association
366. Marty Nance 100 Peachtree Street Ste 701 Atlanta, Georgia 30303 (404)523-6408 Urban Residential Finance Authority of the City of Atlanta
367. Henry Turner 100 Crescent Centre Parkway Suite 1260 Atlanta, Georgia 30084 (404)493-8029 Philip Morris USA
368. F. Thomas Longerbeam Five Dunwoody Park Suite 113 Atlanta, Georgia 30338 (404)394-8632 Motor Vehicle Manufacturers Association of the United States, Inc.
369. James M. Griffith Box 4545, 333/23 Atlanta, Georgia 30302 (404)526-6907 Georgia Power Company
370. Ernest Wright 528 Mundys Mill Road Jonesboro, Georgia 30236 (404)477-6966 Citizen
371. Harold Bevis Delta Air Lines, Inc. Hartsfield Atl. Int'l. Airport Atlanta, Georgia 30320 (404)765-4842 Air Transport Association of America Delta Airlines Inc.
372. Jack Acree 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators

MONDAY, JANUARY 8, 1990

47

373. Judy D. Lovell P.O. Box 61 Cleveland, Georgia 30528 (404)865-2731 Professional Association of Georgia Educators
374. Don Cargill 1360 South CNN Center Atlanta, Georgia 30303-2705 (404)688-9341 Atlanta Regional Commission Callaway Gardens Phillips Petroleum Company Stormont Companies Atlanta Gas Light Company Ginn, Edington, Moore & Wade Georgia Business Coalition Chemical Waste Mangement Chrysler Aerospace Corporation Equifax, Inc. Lockheed Corporation Oglethorpe Power Corporation Philip Morris U.S.A. Shell Oil Company Turner Broadcasting Systems, Inc. Waste Management, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines
375. Jeannie Hollifield 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators (PAGE)
376. Nancy Kitchens 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators (PAGE)
377. Lucius Q. Mitchell P.O. Box 115539 Atlanta, Georgia 30310 (404)368-7503 Concerned Citizens Council Westside Business Association Lucius Q. Mitchell
378. Void
379. David Lee Prather 279 Logan Street, S.E. Atlanta, Georgia 30312 (404)688-1256 CWA Georgia Political Council

380. Paul Mackey 1800 South Baltimore Avenue Tulsa, Oklahoma 74119 (918)599-3643 Mapco Inc. Mapco Petroleum (Delta Express) Mapco Gas Products Inc.
381. Steven L. Levetan 3340 Peachtree Street Suite 1700 Atlanta, Georgia 30306 (404)262-1453 Rock-Tenn Co. Georgia Association of Scrap Processors Institute of Scrap Recycling Industries, Southeast Chapter Southeast Recycling Corp. Elco Mangement
382. Larry S. McReynolds Suite 520 South Tower One CNN Center Atlanta, Georgia 30303-2705 (404)525-7620 BMMA-Building Material Merchant Association CEC/GA-Consulting Engineers Council of Georgia GUCA-Georgia Utility Contractors Association NECA-National Electrical Contractors Association
383. Elizabeth Stewart 222 W. Oglethorpe Ave. Savannah, Georgia 31499 (912)944-0444 Savannah Area Chamber of Commerce
384. Nancy W. Hathaway 4090 Napier Avenue Macon, Georgia 31204 (912)477-5108 Professional Association of Georgia Educators
385. Bryce Holcomb 848 Broad Street, S.W. Suite 105 Gainesville, Georgia 30501 (404)534-2935 Georgia Soft Drink Association

48

JOURNAL OF THE SENATE

386. Ann Marie Sparlin 630 River Chase Ridge Atlanta, Georgia 30328 (404)955-1944 Georgia Chiropractic Association, Inc.
387. Georgia B. Murphy 601 Bridge Lane Smyrna, Georgia 30082 (404)435-5999 Georgia Chiropractic Association, Inc.
388. Horace White 4319 Covington Highway Suite 320-B Decatur, Georgia 30035 (404)288-0266 Georgia Minority Contractors Assoc. Moni-Pac
389. Janelle Ewing 5780 Old National Highway College Park, Georgia 30349 (404)991-0947 United Food & Commercial Workers Union Local 1063
390. Laura Rowell 2000 Powers Ferry Road Suite 610 Marietta, Georgia 30067 (404)951-7950 Southeast Recycling Corporation Southeast Paper Manufacturing Company
391. Lou Walker One Park Place South Suite 200 Atlanta, Georgia 30303 (404)584-7628 Citizen
392. Billy L. Adams 428 Academy Avenue Dublin, Georgia 31021 (912)272-5400 Southeastern Farm & Power Equipment Association
393. Joe T. Wood P.O. Drawer 1058 Gainesville, Georgia 30503 (404)536-0161 Medical Association of Georgia Georgia State Association of Life Underwriters, Inc., The

394. Larry G. Landers 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30039 (404)955-4522 Georgia Manufactured Housing Association
395. Connie Berg Plunkett 1226 Spring Street Atlanta, Georgia 30309 (404)875-5437 The Children's Museum of Atlanta
396. Shawn Plunkett 1226 Spring Street Atlanta, Georgia 30309 (404)875-5437 The Children's Museum of Atlanta
397. Clint Day 4725 Peachtree Corners Circle Suite 300 Norcross, Georgia 30092 (404)446-1500 Clinton Mitchell Day Citizen
398. Gordon W. Watts, Jr. 3118 Marjan Drive Doraville, Georgia 30343 (404)455-4556 American Subcontractors Association
399. Robert J. Thomas 1783 Washington Avenue East Point, Georgia 30344 (404)766-1632 American Subcontractors Association Roofing & Sheet Metal Contractors Association of Georgia Master Roofing Contractors Association of Atlanta Resilient Floor-Covering Contractors Association
400. John P. Silk 1900 Century Blvd. Suite 8 Atlanta, Gerogia 30345 (404)321-5368 Georgia Telephone Association
401. Jan Maness 361 Seabolt Road Locust Grove, Georgia 30248 (404)954-9251 Citizen

MONDAY, JANUARY 8, 1990

49

402. Philip J. Reynolds Atlanta Hartsfield Int'l Airport Atlanta, Georgia 30320 (404)765-3308 Citizen
403. Nancy C. Reynolds 868 Longleaf Drive Forest Park, Georgia 30050 (404)363-8099 Citizen
404. Jim Glanton 8374 Creekridge Circle Riverdale, Georgia 30296 (404)471-4410 Citizen
405. Lorene G. Weddle P.O. Box 31 Ellenwood, Georgia 30049 (404)366-8980 Citizen
406. Rick Bond 3355 Jonesboro Road Fairburn, Georgia 30213 (404)969-1872 Citizen
407. Amy L. Studebaker 135 White Road Fayetteville, Georgia 30214 (404)461-9852 Citizen
408. Jack Hollis 773 Hwy. 138 Suite 5 Riverdale, Georgia 30296 (404)997-7770 Citizen
409. Scott E. Ritchey 265 S. Main Street Jonesboro, Georgia 30236 (404)478-9643 Citizen
410. Sonja Young 1859 Almach Court Conley, Georgia 30027 (404)363-9804 Citizen
411. Susan Randolph 97 Sowell Road McDonough, Georgia 30253 (404)954-1332 Citizen

412. Dorothy P. Spence 1197 Peachtree Street, NE Colony Square Retail Mall Atlanta, Georgia 30361 (404)873-3207 Georgia Association American Institute of Architects
413. Charles H. Schroder 1100 Spring Street Atlanta, Georgia 30367 (404)872-1992 Democratic Party of Georgia
414. Timothy L. Kibler 1100 Spring Street Atlanta, Georgia 30367 (404)897-1992 State of Georgia Democratic Party
415. Thomas M. Boiler Post Office Box 8627 Atlanta, Georgia 30306 (404)872-0335 City of Columbus General Electric Co. Lincoln Nahimel Ins. Co. Fulton School Board Boiler, Hibbs & Segars, Inc. Rollins Research and Development, Inc. Georgia Appraisers Coalition Magistrate Judges Association State Bar of Georgia BP America
416. Stephen E. Pritchard 114 Forest View Peachtree City, Georgia 30269 (404)487-2231 Citizen
417. Dr. Mildred L. Walton 1176 Oakcrest Drive Atlanta, Georgia 30311 (404)696-0001 Georgia Association of Elementary School Principals
418. Bryan L. Fiveash Post Office Box 4569 Atlanta, Georgia 30302 (404)584-3807 Atlanta Gas Light Company
419. Peter L. Banks P.O. Box 4569 Atlanta, Georgia 30302 (404)584-3805 Atlanta Gas Light Company

50

JOURNAL OF THE SENATE

420. William Lee Roberts 1627 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)881-6813 William Lee Roberts and Associates
421. William Lee Roberts, Jr. 97 Peachtree Park Drive Y-l
Atlanta, Georgia 30309 (404)351-4443 William Lee Roberts and Associates
422. Wayne W. Oliver Post Office Box 95527 Atlanta, Georgia 30347 (404)231-5074 Georgia Pharmaceutical Association
423. Lynda Godkin 900 Cottage Grove Road Bloomfield, CT 06002 (203)726-4098 Cigna Corporation
424. Tom Watson Brown 2110 Cain Tower 229 Peachtree Street Atlanta, Georgia 30303 (404)525-3311 Georgia Association of Broadcasters, Inc.
425. George E. Hibbs Boiler, Hibbs & Segars P.O. Box 8627 Atlanta, Georgia 30306 (404)872-7113 BP America City of Columbus Georgia Appraisers Coalition Georgia Magistrate Judges Assn. General Electric Company Fulton County School Board Lincoln National Corporation Rollins Environmental, Inc. Boiler, Hibbs & Segars State Bar of Georgia
426. Donald T. Browne 2 Peachtree Street ML 525 Atlanta, Georgia 30383 (404)332-5009 First National Bank of Atlanta First Atlanta Corporation First Wachovia Corporation

427. David Lee Thomas P.O. Box 95361 Atlanta, Georgia 30347 (404)986-9800 Southeastern Oil Marketers Association
428. Jim Gray 38 Camden Rd NE Atlanta, Georgia 30309 404-352-2576 Tobacco Institute, The
429. Mary M. Boyert P.O. Box 81474 Atlanta, Georgia 30366 (404)454-7612 Georgia Right to Life Committee, Inc. Citizen
430. Fran Hesser 50 Hurt Plaza Suite 720 Atlanta, Georgia 30303 (404)522-2574 Georgia Petroleum Council
431. Nancy P. Schulz 1362 West Peachtree St. Atlanta, Georgia 30309 (404)876-4624 Georgia Nurses Association
432. Carl R. Hartrampf 235 International Blvd. P.O. Box 1740 Atlanta, Georgia 30301 (404)586-8530 Housing Resource Center Atlanta Chamber of Commerce
433. Raymond G. Farmer 950 East Paces Ferry Road Suite 2240 Atlanta, Georgia 30326 (404)261-8834 American Insurance Association
434. Robert Ray, Jr. 1620 Bass Road Macon, Georgia 31298 (404)474-8411 Georgia Farm Bureau Federation

MONDAY, JANUARY 8, 1990

51

435. Clark Gregory, Ph.D. 660 Elkmont Drive, NE Atlanta, Georgia 30306 (404)876-2943 The Compost Man Fulton Soil & Water Conservation District Citizen
436. Robert D. Sumner Suite 1750 Lenox Towers 3400 Peachtree Road, N.E. Atlanta, Georgia 30326 (404)365-0900 Wimberly, Lawson & Cobb
437. Sharon A. Hunt 4500 Hugh Howell Rd. #140 Tucker, Georgia 30084 (404)270-1248 Georgia Society of Association Executives
438. Jack Wolcott Collins 534 Medlock Road Room 108 Decatur, Georgia 30030 (404)378-2833 Christian Science Committee on Publication for Georgia
439. Florence S. Flanders 1796 Briarlake Circle Decatur, Georgia 30033 (404)325-4252 Professional Association of Georgia Educators
440. Joyce R. Ringer 3613 Norwich Drive Tucker, Georgia 30084 (404)938-4238 Citizen
441. Lou B. Holdsworth 1617 Bryn Mawr Circle Marietta, Georgia 30068 (404)973-4355 Walton High School Mt. Bethel PTA-Elementary Dickerson Middle School PTSA
442. Richard J. Burrell 981 Guys Court Lilburn, Georgia 30247 (404)972-3491 Household International

443. James F. Touchton, Jr. 304 East Clinton St. Gray, Georgia 31032 (404)986-4682 Professional Association of Georgia Educators
444. Deborah F. Touchton 304 East Clinton St. Gray, Georgia 31032 (404)986-4682 Professional Association of Georgia Educators
445. Willie G. Davis, Jr. 2471 Ozark Trail, S.W. Atlanta, Georgia 30331 (404)344-9336 W.G. Davis and Associates
446. Cathey W. Steinberg 1841 C Briarcliff Circle NE Atlanta, Georgia 30329 (404)262-2244 Clients of the Senior Citizen Advocacy Project Georgia Dental Hygienists Association
447. T.R. Wade 1199 S. Tower CNN Center Atlanta, Georgia 30328 (404)688-9143 Lockheed Corporation Atlanta Gas Light Company Chemical Waste Management Chrysler Aerospace Corporation E.H. Industries, Ltd. Equifax, Inc. Georgia Business Coalition Oglethorpe Power Corporation Philip Morris U.S.A. Shell Oil Company Turner Broadcasting Systems, Inc. Waste Management, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines
448. Lester H. Hammond, III 1430 Brawley Circle Atlanta, Georgia 30319 (404)452-7259 Citizen
449. John M. Palms Georgia State University University Plaza Atlanta, Georgia 30303 (404)651-2560 Georgia State University

52

JOURNAL OF THE SENATE

450. Sandra Garnet Georgia State University University Plaza Atlanta, Georgia 30303 (404)651-3570 Georgia State University
451. Ted D. Bayley Georgia State University University Plaza Atlanta, Georgia 30303 (404)651-2030 Georgia State University
452. Heywood C. Gay 1165 Northchase Parkway Suite 140 Marietta, Georgia 30067 (404)984-2033 Professional Insurance Agents of Georgia Citizen
453. Richard J. Holder 786 Cleveland Avenue SW Atlanta, Georgia 30315 (404)763-6854 Fulton County Schools
454. Earl Rogers P.O. Box 4545 (333-23) Atlanta, Georgia 30302 (404)526-6946 Georgia Power Company
455. Stephen P. Georgeson 675 Ponce de Leon Ave., N.E. 95 Annex Atlanta, Georgia 30395 (404)885-3575 Georgia Retail Association Sears, Roebuck and Company
456. Linda Gail Womack Post Office Box 1349 Tucker, Georgia 30085-1349 (404)496-7935 Oglethorpe Power Corporation
457. Elaine C. Nachman Emory University P.O. Drawer KK Atlanta, Georgia 30322 (404)727-2976 The Robert W. Woodruff Health Sciences Center of Emory Univ.

458. Charles Wright 3065 Hargrove Road Atlanta, Georgia 30339 (404)859-8508 US Sprint
459. James S. Taylor, Jr. 230 Peachtree Street, NW Atlanta, Georgia 30303 (404)523-3695 National Association of Independent Insurers
460. Thomas A. Bauer 100 Edgewood Avenue, N.E. #1008 Atlanta, Georgia 30303 (404)527-7568 Georgia Chapter, American Academy of Pediatrics Council for Children Georgia Association of Physician Assistants United Way of Metro Atlanta
461. Mark A. Newton 1125 Tumlin Street Atlanta, Georgia 30318 (404)874-9093 Students for an Educated Georgia
462. Elaine Taylor 1141 Villa Dr. #3 Atlanta, Georgia 30306 (404)874-6445 Georgians for Choice Coalition Georgia Abortion Rights Action League
463. Gary Ashley 1240 Atkinson Road Lawrenceville, Georgia 30243 (404)962-2985 Georgia School Boards Association (GSBA)
464. Skip Yow 1240 Atkinson Road Lawrenceville, Georgia 30243 (404)962-2985 Georgia School Boards Association (GSBA)
465. Bert Fridlin 1447 Peachtree Street, N.E. Suite 804 Atlanta, Georgia 30309 (404)876-8516 National Federation of Independent Business (NFIB)

MONDAY, JANUARY 8, 1990

53

466. Bonnie Harris 1240 Atkinson Road Lawrenceville, Georgia 30243 (404)962-2985 Georgia School Boards Association
467. Nell H. Jones "Breezy Lodge" Rt. 3, Box 3140 Clayton, Georgia 30525 (404)266-0738 Friends of the Mountains Georgia Conservancy, The
468. Kay H. Pippin 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators
469. Betsey Weltner Cohn & Wolfe 225 Peachtree Street Atlanta, Georgia 30303 (404)688-5900 Cohn & Wolfe
470. Debbie Simonds 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators (GAE)
471. Maxine J. Chriszt North by Northwest Office Park Atlanta, Georgia 30339 (404)955-0324 Georgia Hospital Association
472. T.R. Wade 1360 S. Tower CNN Center Atlanta, Georgia 30303 (404)688-9341 Atlanta Regional Commission Callaway Gardens Ginn, Edington, Moore & Wade, Inc. Phillips Petroleum Company Stormont Companies Lockheed Corporation Atlanta Gas Light Company

Chemical Waste Management Chrysler Aerospace Corporation Equifax, Inc. Georgia Business Coalition Oglethorpe Power Corporation Philip Morris U.S.A. Shell Oil Company Turner Broadcasting Systems, Inc. Waste Management, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines
473. R. Rudolph Underwood Post Office Box 7068 Macon, Georgia 31298 (912)474-8411 Georgia Farm Bureau
474. Terry D. Lawler 400 Perimeter Center Terraces Atlanta, Georgia 30346 (404)668-6341 MCI Telecommunications
475. John A. Helms 400 Colony Square 22nd Fir 1201 Peachtree Street Atlanta, Georgia 30361 (404)881-3342 American Council of Life Insurance Georgia Association of Life Insurance Companies
476. Robert P. Constantine, Jr. 229 Peachtree Street, N.E. Suite 2102 Atlanta, Georgia 30303 (404)688-3330 Georgia Health Network Georgia Society of Anesthesiologists Prudential Insurance Company of America, The Voyager Group, Inc. Health Insurance Association of America MAG Mutual Insurance Company Financial Life Insurance Company of Georgia Vision Service Plan American International Group
477. W. David Lane 584 Horse Ferry Road Lawrenceville, Georgia 30245 (404)979-1783 Georgia Residential Child Care Association

54

JOURNAL OF THE SENATE

478. Denise Bass 200 Cabriolet Tr. McDonough, Georgia 30253 (404)957-1520 Citizen
479. Sarah A. Feit 1457 Southland Vista Court Atlanta, Georgia 30329 (404)636-7543 Citizen
480. Terri Cech 100 Edgewood Avenue, NE Atlanta, Georgia 30309 (404)527-7373 The Alliance for Human Services Planning
481. Amelia Tucker-Shaw 673 Beckwith Street Atlanta, Georgia 30314 (404)880-0679 The Black Family Project, Inc.
482. Becky Fern 2428 Norwich Lane Tucker, Georgia 30084 (404)491-6284 Georgia Right to Life Family Concerns, Inc. Georgians for Common Sense about Abortion
483. James L. Martin 19 South Main Street Statesboro, Georgia 30458 (912)764-5421 Georgia Pharmaceutical Association
484. Dianne Rogers 1436 Westboro Dr., S.W. Atlanta, Georgia 30310 (404)752-7200 Transportation Communications Union
485. Pamela W. Glanton 8374 Creekridge Circle Riverdale, Georgia 30296 (404)477-1378 Citizen Family Concerns, Inc.

486. D. Jason Bourne 6065 Barfield Rd. #11489 Atlanta, Georgia 30328 (404)286-7007 Committee to Elect Next Governor of GA 1990 Committee to Elect the Next Speaker of the House 1990
487. Raymond F. Foster 191 Mountain Brook Ct. Marietta, Georgia 30064 (404)427-5068 Citizen Georgia Right to Life
488. Julian "Hutch" Hutchins, M.D. Rt. 6, Box 378 Commerce, Georgia 30529 (404)335-2287 Citizen
489. Doris M. Gambrell 6705 Ben Parks Road Murrayville, Georgia 30564 (404)983-3808 Citizen
490. Gary H. Gambrell 6705 Ben Parks Road Murrayville, Georgia 30564 (404)983-3808 Citizen
491. Tom Keating P.O. Box 125 Decatur, Georgia 30031 (404)827-8033 Atlanta Public Schools
492. Void
493. Michael Kindberg Box 277 Alpharetta, Georgia 30239 (404)992-6539 Georgia Sport Shooting Association Citizen
494. Pat Swan 1252 W. Peachtree Suite 311 Atlanta, Georgia 30309 (404)873-1993 Continuum Georgia Federation Woman's Club

MONDAY, JANUARY 8, 1990

55

495. Demetrius Mazacoufa 1401 Peachtree Street Suite 238 Atlanta, Georgia 30309 (404)897-1000 Georgia Nurses Association Georgia Dietetic Association Georgia Speech-Language-Hearing Association
496. Sara M. Edwards 1 Lemon Lane, NE Atlanta, Georgia 30307 (404)377-0511 Citizen
497. Bernadine B. Cantrell 4041 Randall Mill Rd. N.W. Atlanta, Georgia 30327 (404)231-0717 Citizen
498. Andrew L. Frahler 2851 Cravey Trail Atlanta, Georgia 30345 (404)939-8435 Family Concerns
499. Mary Jane Galer 7236 Lullwater Road Columbus, Georgia 31904 (404)324-2931 Georgia Abortion Rights Action League (GARAL)
500. Robert F. Galer 7236 Lullwater Road Columbus, Georgia 31904 (404)324-2931 People Programs Policy, Inc.
501. Milton R. Lincoln 235 International Blvd Atlanta, Georgia 30303 (404)586-8411 Atlanta Chamber of Commerce
502. Rennie Mussell 6194 Walker Road Riverdale, Georgia 30296 (404)996-4250 Family Concerns Incorporated
503. Tommy M. Thompson 4507 K Mills PL Atlanta, Georgia 30336 (404)691-7676 Family Concerns

504. Mary Em Hobbs P.O. Box 550168 Atlanta, Georgia 30355 (404)320-9134 Family Concerns Georgia Insight
505. Rebecca P. May 3958 N. Stratford Rd Atlanta, Georgia 30342 (404)231-5636 Citizen
506. Judith Rhea Cox Post Office Box 550168 Atlanta, Georgia 30355 (404)373-4356 Family Concerns Georgia Insight Georgia Right to Life
507. Harvey Howel Reiser P.O. Box 550168 Atlanta, Georgia 30355 (404)373-4356 Family Concerns
508. Dorothy I. Pair 1669 Sylvester Cir. SE Atlanta, Georgia 30316 (404)244-1896 Family Concerns Citizens
509. Doris B. Fowler 555 Brinkley Rd. Powder Springs, Georgia 30073 (404)427-2219 Citizen Family Concerns
510. Diana M. Brown 279 Atwood Dr., N.W. Atlanta, Georgia 30064 (404)423-0040 Citizen Family Concerns
511. Karla Boy 1364 Drakie Ct. Lilburn, Georgia 30247 (404)979-4495 Family Concerns
512. Elvin Hardy 3348 West Point Rd LaGrange, Georgia 30240 (404)882-4762 Citizens for Traditional Values

56

JOURNAL OF THE SENATE

513. Wanda B. Hubbs P.O. Box 550168 Atlanta, Georgia 30355 (404)934-1860 Georgia Right to Life Family Concerns
514. Constance P. Carney 1212 A "H" St. Terrace Robins AFB, Georgia 31098 (912) 929-8353 Citizens for Traditional Values
515. Annette B. Johnson P.O. Box 20 Clinchfield, Georgia 31013 (912)987-9588 Citizen for Traditional Values
516. Yvonne R. White 407 N. Franklin Rd. P.O. Box 1128 LaGrange, Georgia 30241 (404)884-0113 Concerned Citizen
517. Peyton Day 4360 Riverbottom Dr. Norcross, Georgia 30092 (404)368-8695 Family Concerns
518. Jerry L. Buckles 5734 Fulton Circle South Norcross, Georgia 30093 (404)923-6868 Family Concerns
519. Robert A. Shanahan 2703 Macby Avenue Marietta, Georgia 30066 (404)355-4712 Family Concerns, Inc.
520. Kristin Shanahan 2703 Macby Avenue Marietta, Georgia 30066 (404)565-7902 Family Concerns, Inc.
521. James W. Miles 2777 East Point Street East Point, Georgia 30344 (404)765-1001 City of East Point
522. Robert M. West 2777 East Point Street East Point, Georgia 30344 (404)765-1001 City of East Point

523. Marguerite Marlow 1992 Gunstock Dr. Stone Mountain, Georgia 30087 (404)938-3587 Family Concerns Ga. Right to Life
524. Betsy B. Alien 2119 Gunstock Dr. Stone Mountain, Georgia 30087 (404)934-6891 Family Concerns Georgia Nurses for Life Georgia Right to Life Republican Women
525. Nancy Schaefer Post Office Box 550168 Atlanta, Georgia 30355 (404)373-4356 Family Concerns, Inc.
526. Sue Ella Deadwyler 4168 Rue Antoinette Stone Mountain, Georgia 30083 (404)294-4919 Georgia Insight
527. Robin Riedel 318 Pleasantdale Crossing Doraville, Georgia 30340 (404)939-3257 Family Concerns, Inc.
528. Skye Alison 170 Plaza Dr. Smyrna, Georgia 30082 (404)436-6784 Georgia District Churches of the Nazarene
529. Clinch G. Norsworthy, III 200 Forrest Lake Drive, N.W. Atlanta, Georgia 30327 (404)255-1969 Georgia Council on Moral and Civic Concerns, Inc.
530. Frank M. Deaver Post Office Box 4418 Atlanta, Georgia 30302 (404)588-7373 Trust Company Bank
531. Paul D. Bolster North X Northwest Office Park Atlanta, Georgia 30339 (404)955-0324 Georgia Hospital Association

MONDAY, JANUARY 8, 1990

57

532. Jerry B. King 2540 Lakewood Avenue Atlanta, Georgia 30315 (404)622-0521 Teamsters Local 728
533. Virginia G. Ward 2540 Lakewood Ave S.W. Atlanta, Georgia 30315 (404)622-0521 Teamsters Local 728 Teamsters Local 528
534. Kyle Warner Shadix 310 Keene Road Bremen, Georgia 30110 (404)537-3661 Citizens for a Better Educated Georgia (CBEG)
535. Judy C. Bradley 50 Executive Park South Suite 5005 Atlanta, Georgia 30329 (404)636-7539 Georgia Vocational Association
536. Michael Groover 8257 Winston Way Jonesboro, Georgia 30236 (404)471-7923 Citizen
537. Margaret R. Ball P.O. Box 174 2475 Dug Gap Road, S.W. Dalton, Georgia 30722 (404)277-3255 Georgia League of Women Voters of the Dalton Area, Inc. Georgia Parents and Teachers Association Dalton/Whitfield County Council PTA Whitfield Co. Schools System; Citizen
538. W. Fred Blackmon 1100 Abernathy Road, N.E. Building 500 Suite 710 Atlanta, Georgia 30328 (404)551-5367 Eli Lilly & Company
539. Betty Simms 41 Marietta Street Atlanta, Georgia 30303 Georgia Trial Lawyers Association

540. Dane C. Ward Chattanooga Valley Elem. Rt. 1 Chattanooga Valley Rd. Flintstone, Georgia 30725 (404)820-2511 Professional Association of Georgia Educators
541. Adele Cohen 200 Technology Center Ste. 250 1575 Northside Drive Atlanta, Georgia 30318 (404)350-4300 Atlanta Healthcare Alliance
542. Mo Thrash 975 Johnson Ferry Rd Suite 450 Atlanta, Georgia 30342 (404)252-0700 Atlanta City Council Georgia Mortgage Bankers Association Georgia Community Action Association
543. Dr. John A. Hulsey, Jr. 615 D Oak Street Gainesville, Georgia 30105-3507 (404)287-7721 Georgia Retired Teachers Association, Inc.
544. Trey Paris P.O. Drawer 1734 Atlanta, Georgia 30301 (404)676-4952 Coca-Cola Company, The
545. Connell Stafford P.O. Drawer 1734 Atlanta, Georgia 30301 (404)676-2652 Coca-Cola Company, The
546. Melissa Metcalfe, Director 233 Mitchell Street, S.W. Atlanta, Georgia 30303 (404)681-2328 Common Cause of Georgia

58

JOURNAL OF THE SENATE

547. Jim Hammock 2625 Cumberland Parkway Suite 280 Atlanta, Georgia 30339 (404)435-7400 Humana Eagle Transportation Vulcan Materials Co., Inc. Anheuser-Busch Companies, Inc. Omni Resource Group, Inc. Tobacco Institute, The Georgia Association of Rehabilitation Facilities Georgia Warehouse Association
548. Mather Stapleton P.O. Box 831623 Stone Mountain, Georgia 30083 (404)294-9300 United Transportation Union (UTU)
549. Jacquelyn Harmon Saylor 218 The Prado Atlanta, Georgia 30309 (404)892-2430 March of Dimes
550. Shelley Rose 118 North Avondale Road Avondale Estates, Georgia 30002 (404)297-8406 Georgia Citizens for the Arts
551. Elizabeth Rushing 26 Walker Terrace Atlanta, Georgia 30309 (404)873-1422 Georgia Citizens for the Arts
552. Lyn Hunt P. 0. Box 633 Madison, Georgia 30650 (404)342-2767 Georgia Citizens for the Arts
553. Lou Litchfield 1160-E Grimes Bridge Rd. Roswell, Georgia 30075 (404)587-3047 Georgia Automobile Dealers Association Monty Veazey & Associates Medical Association of Georgia

554. Joel E. Harrell 185 Spring Street Atlanta, Georgia 30303 (404)529-1935 Norfolk Southern Corporation
555. Mary C. Hickey 250 Georgia Ave. Suite 365 Atlanta, Georgia 30312 (404)523-1227 National Organization for Women (NOW)
556. Julianna McConnell 151 Ellis Street Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corporation
557. Derl J. Hinson 151 Ellis Street Suite 422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corp. (GEMC)
558. Lyn D. Paddrik 3015 Piedmont Road Atlanta, Georgia 30305 (404)231-4292 Georgia Beer Wholesalers Association
559. Bill Griffin 3015 Piedmont Rd. NE Atlanta, Georgia 30305 (404)231-4292 Georgia Beer Wholesalers Association
560. David R. Williams 50 Hurt Plaza Suite 1050 Atlanta, Georgia 30303 (404)522-1501 Georgia Bankers Association

SENATE CALENDAR Monday, January 8, 1990 FIRST LEGISLATIVE DAY SB 21 Venue domestic, foreign corporations doing business in State (Judy 22nd)

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59

SB 61 Workers' Compensation--redefine injury, personal injury (Substitute) (I&L--45th)
SB 95 Smoking in Public Places--change certain provisions (Substitute) (Hum R--34th)
SB 134 Certificate of Need--exempt certain head injury service facilities (Hum R--25th) SB 193 Game Fish--provisions on purchase, sale, transportation (Nat R--51st) SB 221 Controlled Substance Charge--no bail (Substitute) (Amendment) (S
Judy--17th) SB 228 Private Phone in Nursing Home--when certain fees prohibited (Substitute) (Gov
Op--51st)
SB 289 Tortious Injury--certain compensation admissible evidence (S Judy--52nd) SB 292 Compulsory School Attendance--change age (Ed--38th) SB 306 Insurer Liablity for Failure to Pay Claim--good faith, refusing (Substitute)
(Ins--45th) SB 362 Annexation by Certain Municipalities--limitation (Substitute) (U&CA G--52nd) SR 155 Metropolitan Youth Development Center--directing to close (C&Y--49th) HB 10 State Court Retired Judge/Judge Emeritus--compensation (Judy--49th) HB 192 State Court Judge--residency requirements (Judy--20th) HB 620 Fire Departments--minimum requirements on organization (I&L--45th) HB 876 General Assembly--automatically adjourn Fridays, reconvene Mondays
(Rules--25th) HR 89 Baldwin County--conveyance of certain state owned property (Pub U--25th)
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 21. By Senator Allgood of the 22nd: A bill to amend Code Section 14-2-510 of the Official Code of Georgia Annotated, relating to venue, so as to change the provisions relating to venue of actions in volving domestic corporations and foreign corporations authorized to transact business in this state; to provide that actions for torts, wrong, or injury done may be brought in the county where the cause of action originated.
Senator Allgood of the 22nd moved that SB 21 be committed to the Senate Committee on Judiciary.
On the motion, the yeas were 47, nays 0; the motion prevailed, and SB 21 was commit ted to the Senate Committee on Judiciary.
SB 61. By Senators Dawkins of the 45th and Edge of the 28th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to redefine what shall be considered an injury or personal injury; to change the eligibility requirements for the position of director emeritus of the board; to provide for the compensation of the chair man and members of the State Board of Workers' Compensation and administra tive law judges.
Senator Allgood of the 22nd moved that SB 61 be committed to the Senate Committee on Industry and Labor.

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On the motion, the yeas were 44, nays 0; the motion prevailed, and SB 61 was commit ted to the Senate Committee on Industry and Labor.
SB 95. By Senator Engram of the 34th: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places; to provide for legislative intent; to provide for definitions; to prohibit smoking in state funded public places or certain public meetings except in desig nated smoking areas.
Senator Allgood of the 22nd moved that SB 95 be committed to the Senate Committee on Human Resources.
On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 95 was commit ted to the Senate Committee on Human Resources.
The following general bill of the Senate, having been read the third time on February 3, 1989, and postponed until February 8, 1989, was put upon its passage:
SB 134. By Senator Kidd of the 25th: A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide additional exemptions for certain facilities providing services to head-injured persons and provide for applicability; to provide an effective date.
Senator Allgood of the 22nd moved that SB 134 be committed to the Senate Committee on Human Resources.
On the motion, the yeas were 44, nays 0; the motion prevailed, and SB 134 was commit ted to the Senate Committee on Human Resources.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 193. By Senator Brannon of the 51st: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of certain terms used in such title; to change the provisions relating to the sale, purchase, or transportation of game fish generally.
Senator Allgood of the 22nd moved that SB 193 be committed to the Senate Committee on Natural Resources.
On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 193 was commit ted to the Senate Committee on Natural Resources.
The following general bill of the Senate, having been read the third time and lost on February 21, 1989, and reconsidered on February 22, 1989, was put upon its passage:
SB 221. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to provide that per sons charged with manufacturing, delivering, distributing, dispensing, adminis-

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61

tering, selling, or posssessing with intent to distribute certain controlled sub stances or marijuana shall not be eligible for bail.
Senator Allgood of the 22nd moved that SB 221 be postponed until Thursday, January 11, 1990.
On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 221 was post poned until Thursday, January 11, 1990.
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 228. By Senator Brannon of the 51st: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone service, so as to prohibit a telephone company from charging a fee for the disconnection and reconnection of a private line in a nursing home under certain conditions; to define a certain term; to provide for enforcement.
Senator Allgood of the 22nd moved that SB 228 be committed to the Senate Committee on Governmental Operations.
On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 228 was commit ted to the Senate Committee on Governmental Operations.
SB 289. By Senators Fuller of the 52nd, Peevy of the 48th and Allgood of the 22nd: A bill to amend Code Section 51-12-1 of the Official Code of Georgia Annotated, relating to admissible evidence of compensation for special damages, so as to pro vide that compensation for special damages actually received by the injured party shall be admissible at trial; to provide that the trier of fact may consider such evidence; to provide that the trier of fact shall not be directed to reduce an award of damages.
Senator Allgood of the 22nd moved that SB 289 be committed to the Senate Committee on Special Judiciary.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 289 was commit ted to the Senate Committee on Special Judiciary.
SB 292. By Senators Tate of the 38th, Starr of the 44th, Allgood of the 22nd and others: A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance of school-age children, so as to change the age of children to which compulsory school attendance shall apply.
Senator Allgood of the 22nd moved that SB 292 be committed to the Senate Committee on Education.
On the motion, the yeas were 44, nays 0; the motion prevailed, and SB 292 was commit ted to the Senate Committee on Education.
SB 306. By Senator Dawkins of the 45th: A bill to amend Code Section 33-4-6 of the Official Code of Georgia Annotated, relating to the liability of an insurer for damages and attorney's fees for failure to pay a claim, so as to provide that an insurer must show that it acted in good faith

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in failing or refusing to pay an insurance claim within a certain period; to provide that an insurer failing to show such good faith shall be subject to punitive dam ages and attorney's fees.
Senator Allgood of the 22nd moved that SB 306 be committed to the Senate Committee on Insurance.
On the motion, the yeas were 44, nays 0; the motion prevailed, and SB 306 was commit ted to the Senate Committee on Insurance.
SB 362. By Senator Fuller of the 52nd: A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to application by owners of 60 per cent of land and 60 percent of electors, so as to provide for limitation on annexa tion by certain municipalities.
Senator Allgood of the 22nd moved that SB 362 be committed to the Senate Committee on Urban and County Affairs (General).
On the motion, the yeas were 44, nays 0; the motion prevailed, and SB 362 was commit ted to the Senate Committee on Urban and County Affairs (General).
SR 155. By Senators Deal of the 49th, Barker of the 18th, Howard of the 42nd and others: A resolution directing the Division of Youth Services of the Department of Human Resources and the Juvenile Justice Coordinating Council to close the Metropolitan Youth Development Center.
Senator Allgood of the 22nd moved that SR 155 be committed to the Senate Committee on Children and Youth.
On the motion, the yeas were 40, nays 0; the motion prevailed, and SR 155 was commit ted to the Senate Committee on Children and Youth.
HB 10. By Representative Groover of the 99th: A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court.
Senator Allgood of the 22nd moved that HB 10 be committed to the Senate Committee on Judiciary.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 10 was commit ted to the Senate Committee on Judiciary.
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.
Senator Allgood of the 22nd moved that HB 192 be committed to the Senate Commit tee on Judiciary.

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63

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 192 was com mitted to the Senate Committee on Judiciary.
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.
Senator Allgood of the 22nd moved that HB 620 be committed to the Senate Commit tee on Industry and Labor.
On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 620 was com mitted to the Senate Committee on Industry and Labor.
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.
Senator Allgood of the 22nd moved that HB 876 be committed to the Senate Commit tee on Rules.
On the motion, the yeas were 44, nays 1; the motion prevailed, and HB 876 was com mitted to the Senate Committee on Rules.
HR 89. By Representative Parham of the 105th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia.
Senator Allgood of the 22nd moved that HR 89 be committed to the Senate Committee on Public Utilities.
On the motion, the yeas were 44, nays 0; the motion prevailed, and HR 89 was commit ted to the Senate Committee on Public Utilities.
The following resolution of the Senate was put upon its adoption:
SR 292. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, January 12, 1990, and to reconvene at 10:00 o'clock A.M. on Monday, January 22, 1990.
On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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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 resolu tions of the House:
HR 560. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th: A resolution to notify the Senate that the House of Representatives has convened.
HR 561. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th: A resolution to notify the Governor that the General Assembly has convened.
The Speaker has appointed as a Committee of Notification on the part of the House the following members:
Representatives Barfoot of the 120th, Dixon of the 128th, Holland of the 136th, Lane of the lllth, McKinney of the 40th, Poag of the 3rd and Smyre of the 92nd.
The following resolution of the House was read and adopted:
HR 561. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution to notify the Governor that the General Assembly has convened.
The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Johnson of the 47th, McKenzie of the 14th, Baldwin of the 29th, Tate of the 38th, Barker of the 18th, Taylor of the 12th and Clay of the 37th.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:57 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, January 9, 1990 Second Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. and was called to order by the President.
Senator Muggins 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 adopted by the requisite constitutional majority the following resolu tions of the House:
HR 563. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th: A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Governor.
The Speaker has appointed as a Committee of Escort on the part of the House the following members:
Representatives Bailey of the 72nd, Baker of the 51st, Foster of the 6th, Harris of the 84th, Irwin of the 13th, Green of the 106th and McKelvey of the 15th.
HR 564. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th: A resolution inviting the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 565. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th: A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 443. By Senators Kidd of the 25th, Harris of the 27th, Ray of the 19th and others: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to court, and Title 19 of the Official Code of Georgia Annotated, relating to domes tic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike,

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revise, and reenact Chapter 8 thereof, relating to adoption; to provide for defini tions; to provide for jurisdiction and findings. Referred to Committee on Governmental Operations.
SB 444. By Senators Broun of the 46th, Kennedy of the 4th and Bowen of the 13th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emer gency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty. Referred to Committee on Public Safety.
SB 445. 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, and Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law. Referred to Committee on Governmental Operations.
SB 446. By Senator Kidd of the 25th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to pro vide a period of limitations for department action to recoup or adjust medical assistance for the purpose of recovering payments in excess of the correct amount to which the providers were entitled; to provide exceptions; to provide for application. Referred to Committee on Governmental Operations.
SB 447. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insur ance plan, so as to provide that the State Personnel Board shall adopt and pro mulgate a schedule of maximum fees for medical and surgical services and pro fessional services provided in hospitals. Referred to Committee on Governmental Operations.
SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide vision standards with respect to persons who utilize bioptic telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes. Referred to Committee on Governmental Operations.
SB 449. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by the chief clerk upon a vacancy occur-

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ring in the office of judge of the probate court, so as to change the provisions regarding the filling of such vacancy.
Referred to Committee on Governmental Operations.
SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.
Referred to Committee on Governmental Operations.
SB 451. By Senators Kidd of the 25th, Olmstead of the 26th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide procedures for determina tion that a vehicle is a derelict motor vehicle; to provide for disposition of dere lict motor vehicles; to provide for notice and procedures; to provide for cancella tion of the title of a derelict vehicle; to provide for penalties.
Referred to Committee on Governmental Operations.
SB 452. By Senators Kidd of the 25th, Olmstead of the 26th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Certificate of Title Act," so as to require insurance compa nies to take title to a motor vehicle upon paying a total loss claim; to provide for notice to the commissioner of revenue upon payment of a total loss claim; to provide that the insurer shall cancel the title to such vehicle or obtain a salvage title for such vehicle.
Referred to Committee on Governmental Operations.
SB 453. By Senators Kidd of the 25th, Ray of the 19th, Olmstead of the 26th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide procedures for determina tion that a vehicle is a derelict motor vehicle; to provide for disposition of dere lict motor vehicles; to provide for notice and procedures; to provide for disposi tion of the title of a derelict vehicle; to provide for penalties. Referred to Committee on Governmental Operations.
SB 454. By Senator Starr of the 44th:
A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a fine as a condition precedent to pro bation, so as to increase the maximum amount of the fine that may be imposed. Referred to Committee on Corrections.
SB 455. By Senators Timmons of the llth and Pollard of the 24th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi sions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under cert<<i;: oondi-

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tions; to change the provisions relating to requirements for continued active membership in the fund. Referred to Committee on Retirement.
SB 456. By Senators Kidd of the 25th, Olmstead of the 26th, Harris of the 27th and Ray of the 19th:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to require municipalities and counties to license towing and storage firms operating within their boundaries. Referred to Committee on Governmental Operations.
SB 457. By Senators Albert of the 23rd, Kidd of the 25th, Johnson of the 47th and others:
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 provide for definitions; to provide for reservation and transfer of rights of reproduction of works of fine art; to provide for rights of ownership of works of fine art and transfer thereof; to provide for reservation of certain rights in works of fine art. Referred to Committee on Governmental Operations.
SB 458. By Senator Dawkins of the 45th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that no public school within a county or independent school system shall operate or allow to be operated on school property an after-school child care program except under certain conditions. Referred to Committee on Education.
SB 459. By Senator Broun of the 46th:
A bill to amend Code Section 50-18-72, relating to governmental records for which public disclosure is not required, so as to change provisions relating to records related to the appointment and hiring of public officers and employees; to provide for related matters; to provide an effective date. Referred to Committee on Governmental Operations.
SB 460. By Senator Broun of the 46th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of State from membership on the governing bodies of certain associations and authorities. Referred to Committee on Economic Development and Tourism.
SB 461. By Senator Broun of the 46th:
A bill to amend Code Section 17-6-90 of the Official Code of Georgia Annotated, relating to issuance of a warrant for arrest and requirement of a bond for good behavior, so as to increase from 24 hours to 72 hours the period that a person against whom a warrant issues may be held before being brought in for a hearing before the issuing court. Referred to Committee on Judiciary.

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SB 462. By Senators Edge of the 28th, Baldwin of the 29th, Peevy of the 48th and others:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption pro ceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effec tive date.
Referred to Committee on Special Judiciary.
SB 463. By Senators Edge of the 28th, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests to determine the alcoholic or drug content of the blood of the operators of motor vehicles, so as to provide that when a breath test is given, a law enforcement officer may request one additional test of the operator's blood, urine, or other bodily substance. Referred to Committee on Special Judiciary.
SB 464. By Senators Dawkins of the 45th and Edge of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to correct an error relative to the pay ment of benefits to dependents of a deceased employee; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insur ance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis. Referred to Committee on Industry and Labor.
SB 465. By Senator Dawkins of the 45th:
A bill to amend Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group policies of accident and sickness insur ance, so as to require the individual certificate furnished to an employee or mem ber of an insured group to specify by name the person to whom benefits are payable; to provide for the duty of the insurer to include certain information on an individual certificate of coverage. Referred to Committee on Insurance.
SB 466. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide for a reduction of motor vehicle insurance rates; to provide a short title; to provide legislative find ings and declarations; to provide for legislative purpose; to provide criteria by which insurance rates shall be determined; to provide for approval of insurance rates by the Commissioner of Insurance. Referred to Committee on Insurance.
SB 467. By Senator Shumake of the 39th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to create a committee of health care professionals for the purpose of establishing a formulary of medicinal drugs to be made available to the public on the order of a pharmacist; to provide for categories of medicinal drugs which may be included in the formulary.
Referred to Committee on Human Resources.

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SB 468. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chap ter 7 of Title 31 on statutes which require competitive bidding. Referred to Committee on Human Resources.
SB 469. 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 merit system generally, so as to provide that full-time employees in the classified or unclassified service who are assigned office space on state property or property leased by the state shall be required to remain at their offices three days of each week; to provide exceptions. Referred to Committee on Governmental Operations.
SB 470. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the minimum age requirements rela tive to the issuance of a driver's license; to provide that persons between 16 and 18 years of age may be issued a driver's license under certain conditions. Referred to Committee on Public Safety.
SB 471. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation proceedings before a special master, so as to change the definition of the term "condemning body" or "condemnor"; to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, known as the "Downtown Development Authorities Law," so as to authorize downtown development authorities to exercise the power of eminent domain under certain limited circumstances. Referred to Committee on Governmental Operations.
SB 472. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt. Referred to Committee on Governmental Operations.
SB 473. By Senators Kidd of the 25th, Olmstead of the 26th and Barker of the 18th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies, so as to change cer tain penalties; to change certain provisions relating to statutory construction. Referred to Committee on Human Resources.
SB 474. By Senators Kidd of the 25th and Olmstead of the 26th:
A bill to amend Article 1 of Chapter 11 Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the record of testimony of the parties or of an evaluating physician, psychiatrist, or psycholo gist whose evaluation has been ordered by the court as provided by law, which evaluation is adduced in any juvenile proceeding, shall be inadmissible in other actions except under certain circumstances. Referred to Committee on Human Resources.

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SB 475. By Senators Olmstead of the 26th, Kidd of the 25th, Walker of the 43th and others:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to add a new Article 4 to provide that the Administrative Office of the Courts shall establish custody and visitation me diation programs to help resolve disputes concerning custody or visitation of mi nor children; to provide that the mediation programs shall provide the services of skilled mediators.
Referred to Committee on Judiciary.
SB 476. By Senators Olmstead of the 26th, Kidd of the 25th, Walker of the 43rd and Newbill of the 56th:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions by grandparents for visitation rights or intervention in actions before the court, so as to provide that grandparents may file pro se or otherwise original actions for visitation or actions for intervention.
Referred to Committee on Judiciary.
SB 477. By Senators Olmstead of the 26th, Kidd of the 25th, Walker of the 43rd and others:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, joint legal custody, and divided or alternate custody arrangements; to provide for definitions; to provide for inde pendent psychological or medical evaluations.
Referred to Committee on Judiciary.
SB 478. By Senators Pollard of the 24th, Turner of the 8th, Garner of the 30th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date.
Referred to Committee on Natural Resources.
SR 297. By Senators Gillis of the 20th, Kidd of the 25th, Broun of the 46th and others:
A resolution providing for the placing of a marker on Colonel's Island in Glynn County in honor of former Governor S. Ernest Vandiver.
Referred to Committee on Natural Resources.
SR 298. By Senator Tysinger of the 41st:
A resolution proposing an amendment to the Constitution so as to authorize the Attorney General, acting in his or her sole discretion, to file any civil action on behalf of or against any department, agency, board, or commission of the execu tive department of the state which the Attorney General deems necessary for enforcement of the Constitution and laws of this state and protection of public rights and interests; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to Committee on Judiciary.

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SR 302. By Senator Broun of the 46th: A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee.
Referred to Committee on Education.
SR 303. By Senator Broun of the 46th: A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee.
Referred to Committee on Higher Education.
SR 304. By Senators Broun of the 46th, Parker of the 15th and Land of the 16th: A resolution providing for the Georgia 1992 Commission and its composition and organization, terms, vacancies, compensation and allowances, authority, powers, duties, and abolition.
Referred to Committee on Economic Development and Tourism.
SR 305. By Senators Shumake of the 39th, Tate of the 38th, Scott of the 36th and others: A resolution creating the Governor's Commission on the Social Status of Black Males.
Referred to Committee on Consumer Affairs.
The President called for the morning roll call, and the following Senators answered to their names:

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

English Engram Foster Fuller Garner Gillis Hammill 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 Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not answering were Senators:

Brannon

Harris

Tate

Fincher

Phillips

Senator Walker of the 43rd introduced the chaplain of the day, Reverend George O. McCalep, Jr., pastor of Greenforest Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.

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The following resolutions of the Senate were read and adopted:
SR 295. By Senator Edge of the 28th: A resolution commending the faculty and student body of Newnan High School.
SR 296. By Senator Edge of the 28th: A resolution commending Mr. Jerome Walton.
SR 299. By Senator Broun of the 46th: A resolution commending Dr. C. C. Murray.
SR 300. By Senator Broun of the 46th: A resolution commending Dr. Winfred L. Godwin.
SR 301. By Senator Broun of the 46th: A resolution expressing appreciation to the W. K. Kellogg Foundation.
Senator Timmons of the llth introduced the Mitchell-Baker High School Eagles foot ball team and Head Coach Jack Johnson, having been commended by SR 294 adopted pre viously, and Coach Johnson briefly addressed the Senate.
The following resolutions of the House were read and adopted:
HR 563. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a Joint Session of the House of Representatives and the Sen ate at 10:45 o'clock A.M. in the hall of the House of Representatives on Wednes day, January 10, for the purpose of hearing a message from the Governor at 11:00 o'clock A.M.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senator McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th, Foster of the 50th, Pollard of the 24th, Walker of the 43rd and Hammill of the 3rd.
HR 564. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a Joint Session of the House of Representa tives and the Senate at 10:45 o'clock A.M. in the hall of the House of Representa tives on Wednesday, January 10, 1990, to hear a message from the Governor.
HR 565. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a Joint Session of the House of Representatives and the Sen ate at 9:45 o'clock A.M. on Thursday, January 11, 1990, in the hall of the House of Representatives for the purpose of hearing an address from Chief Justice Har old G. Clarke at 10:00 o'clock A.M.

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Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Senate Committee on Industry and Labor and committed to the Senate Commit tee on Governmental Operations:
SB 305. By Senators Kidd of the 25th, Walker of the 43rd, Scott of the 2nd and others: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of interior designers; to provide for declaration of purpose; to define certain terms; to establish the Georgia State Board of Registered Interior Designers and provide for its membership, powers, duties and compensation.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 305 was with drawn from the Senate Committee on Industry and Labor and committed to the Senate Committee on Governmental Operations.
Senator Egan of the 40th introduced the doctor of the day, Dr. Joy Maxey, of Atlanta, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:41 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 10, 1990 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. 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 adopted by the requisite constitutional majority the following resolution of the Senate:
SR 292. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to adjournment.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 479. By Senator Fincher of the 54th: A bill to amend Code Section 32-1-8 of the Official Code of Georgia Annotated, prohibiting governmental construction and maintenance of private roads, so as to authorize the governing authority of any county or municipality to maintain cer tain portions of private roads and expend public funds therefor.
Referred to Committee on Transportation.
SB 480. By Senator Fincher of the 54th: A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to change certain provisions making unlawful certain acts involving the flag, coat of arms, or emblem of the state or Confederate States of America or the flag of the United States; to change certain criminal penalties; to provide an effective date.
Referred to Committee on Judiciary.
SB 481. By Senator Fincher of the 54th: A bill to amend Code Section 40-9-30 of the Official Code of Georgia Annotated, relating to reports of accidents, so as to prohibit certain testimony and reports of law enforcement officers regarding the cause of motor vehicle accidents.
Referred to Committee on Public Safety.
SB 482. By Senator Fincher of the 54th: A bill to amend Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to qualification of directors of downtown development authorities, so as

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to change the residency qualifications of such directors in certain smaller munici pal corporations.
Referred to Committee on Urban and County Affairs (General).
SB 483. By Senator Fincher of the 54th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to Committee on Urban and County Affairs (General).
SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delinquent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Corrections. Referred to Committee on Children and Youth.
SB 485. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide for evaluations of delinquent or unruly children committed to the department; to provide for the contents of such evalu ations; to provide for reevaluations. Referred to Committee on Children and Youth.
SB 486. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an applica tion for recall petition for circulation and of the filing of such completed applica tion for verification; to provide for filing applications for recall exceeding one page in length.
Referred to Committee on Governmental Operations.
SB 487. By Senator Foster of the 50th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, so as to require employers to provide employees with annual statements showing the dollar value of employee benefits provided in whole or in part by the employer; to provide for definitions; to provide for rules and regulations. Referred to Committee on Insurance.
SB 488. By Senator Foster of the 50th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for the observance of "Chil dren's Day" in Georgia; to provide an effective date.
Referred to Committee on Governmental Operations.

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SB 489. By Senator Foster of the 50th:
A bill to amend Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to the qualifications of directors of downtown development authorities, so as to change the provisions relating to such qualifications; to provide an effec tive date. Referred to Committee on Urban and County Affairs (General).
SB 490. By Senator Foster of the 50th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions as to motors to be used on cer tain lakes, so as to prohibit the operation of certain vessels on Lake Burton, Lake Rabun, and Seed Lake.
Referred to Committee on Natural Resources.
SB 491. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share funds that local school systems are required to spend to support the Quality Basic Education Program, so as to provide that the local per capita income be included in the formula used to determine the amount of such funds; to require the Department of Revenue to determine the average per capita income for each local school system in this state.
Referred to Committee on Education.
SB 492. By Senator Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishment. Referred to Committee on Judiciary.
SB 493. By Senator Deal of the 49th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multiyear installment purchase contracts; to provide an effec tive date.
Referred to Committee on Urban and County Affairs (General).
SB 494. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
Referred to Committee on Urban and County Affairs (General).
SB 495. By Senator Shumake of the 39th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to authorize each local board of education to allow any teacher to transfer from classroom teaching into a nonteaching position after 25 years of employment in the public

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school systems of this state; to provide that such position transfer shall be with out a reduction in salary. Referred to Committee on Education.
SB 496. By Senator Barnes of the 33rd:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to prohibit, except in special circumstances, ex parte communications between interested persons in contested matters and any member of the commission, hearing officer, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding. Referred to Committee on Public Utilities.
SB 497. By Senators Dawkins of the 45th, Foster of the 50th and Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to filing of financial disclosure statements by public officers and candi dates for public office, so as to provide for certain financial disclosure on the part of candidates for Governor; to require disclosure of certain transactions with gov ernmental entities; to require disclosure of certain income from parties repre sented by registered agents. Referred to Committee on Governmental Operations.
SB 498. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment; to provide for definitions; to provide for disqualification from certain employment for certain applicants who refuse to submit to certain drug testing or who show positive results from such testing. Referred to Committee on Judiciary.
SB 499. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use. Referred to Committee on Judiciary.
SB 500. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from public employ ment of public employees committing certain criminal offenses involving con trolled substances and dangerous drugs; to provide a short title. Referred to Committee on Judiciary.
SB 501. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to enact the "Drug-free Postsecondary Ed ucation Act of 1990"; to provide for the suspension from postsecondary educa-

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tional institutions of students committing certain criminal offenses involving con trolled substances and dangerous drugs; to provide a short title.
Referred to Committee on Judiciary.
SB 502. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees.
Referred to Committee on Judiciary.
SB 503. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs.
Referred to Committee on Judiciary.
SB 504. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
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 suspension of the driving privi leges of persons 18 years of age and under upon conviction of driving under the influence of drugs or alcohol or conviction of any offense involving the unlawful use or possession of alcohol or drugs; to provide for procedures for reinstatement.
Referred to Committee on Judiciary.
SB 505. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Part 3 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to limitations on the payment of workers' compensa tion benefits, so as to provide that an order denying or limiting compensation to an employee may be entered by the administrative law judge or the board if it is determined that the employee was under the influence of a controlled substance or a dangerous drug at the time of injury or death.
Referred to Committee on Judiciary.
SB 506. By Senators Newbill of the 56th, Collins of the 17th and Phillips of the 9th:
A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to financial affairs and the Gen eral Assembly, so as to provide for the preparation of estimated cost notes for every bill and for the attachment of such notes to bills prior to their introduction in the General Assembly; to provide for the contents of such notes; to provide for certification by the sponsors of bills.
Referred to Committee on Appropriations.

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SB 507. By Senators Foster of the 50th, Muggins of the 53rd, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change which persons may not be licensed and provide for additional disqualifications for licensure; to establish certain edu cational eligibility requirements for persons under 18 years of age to receive driv ers' licenses or instruction permits. Referred to Committee on Education.
SB 508. By Senators Turner of the 8th, McKenzie of the 14th, Timmons of the llth and others:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permitted investments of the authority; to clarify the provisions relat ing to the state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation. Referred to Committee on Banking and Finance.
SB 509. By Senator Howard of the 42nd: A bill to amend Code Section 15-11-81 of the Official Code of Georgia Annotated, relating to grounds for the termination of parental rights, so as to provide that the court, in determining whether a child is without proper parental care and control, shall consider evidence of past egregious conduct of the parent toward the child or toward another child and evidence of past physical, mental, or emo tional neglect of the child or of another child by the parent.
Referred to Committee on Judiciary.
SR 306. By Senator Fincher of the 54th:
A resolution designating the Warren D. Earnest, Sr. Bridge. Referred to Committee on Transportation.
SR 307. By Senator Fincher of the 54th: A resolution designating the William Deverell, Sr. Bridge.
Referred to Committee on Transportation.
SR 308. By Senator Fincher of the 54th: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states.
Referred to Committee on Judiciary.
SR 309. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and others:
A resolution creating the Senate Study Committee on Rights of Peace Officers While Under Investigation. Referred to Committee on Public Safety.
SR 310. By Senator Howard of the 42nd: A resolution proposing an amendment to the Constitution so as to provide that all sessions of the General Assembly and all meetings of all standing committees,

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interim committees, subcommittees of standing or interim committees, and all other types of committees of the General Assembly or the Senate or House of Representatives shall be open to the public; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.

SR 311. By Senator Howard of the 42nd:
A resolution to amend the Constitution so as to provide that the Attorney Gen eral, with or without the request or consent of the Governor, shall have the power to bring an action on behalf of or against any department, division, board, bu reau, commission, public authority, or other agency of the executive branch of the state government to enforce compliance with the provisions of this Constitu tion or any other laws of this state; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Judiciary.

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

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 33. Do pass as amended. SB 36. Do pass as amended. SB 433. Do pass as amended.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

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

SB 10. Do pass.

SB 71. Do pass by substitute.

SB 28. Do pass by substitute.

SB 72. Do pass by substitute.

SB 58. Do pass.

SB 76. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

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

SB 418. Do pass.

SB 421. Do pass.

SB 419. Do pass.

SB 423. Do pass.

Respectfully submitted,

Senator Peevy of the 48th District, Chairman

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

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

English Engram Fincher Foster Fuller Garner 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 Tate Taylor Timmons Turner Tysinger Walker

Not answering were Senators Gillis and Langford.

Senator Engram of the 34th introduced the chaplain of the day, Reverend Patrick S. Shannon, pastor of Fairburn United Methodist Church, Fairburn, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 312. By Senators Clay of the 37th and Barnes of the 33rd: A resolution commending the McEachern High School varsity football team.

SR 313. By Senators Clay of the 37th and Barnes of the 33rd: A resolution commending the Marietta High School varsity football team.

Senator Shumake moved that the following bill of the Senate be withdrawn from the consideration of the Senate:

SB 130. By Senator Shumake of the 39th:
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 prohibit lessors of rental motor vehicles from requiring lessees to return the vehicles empty of gasoline.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 130 was with drawn from the consideration of the Senate.

Senator Shumake moved that the following bill of the Senate be withdrawn from the consideration of the Senate:

SB 156. By Senator Shumake of the 39th:
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 provide for consumer protec tion against excessive fuel charges in automobile rental agreements; to provide for a penalty.

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On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 156 was with drawn from the consideration of the Senate.
Senator Allgood of the 22nd moved that the Senate recess at 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 9:00 o'clock A.M. tomorrow. The motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State and Budget message by His Excellency, Governor Joe Frank Harris, was called to order by the President of the Senate. HR 563, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor Joe Frank Harris, addressed the Joint Session of the Senate and House of Representatives as follows:
Lieutenant Governor Miller, . . . Speaker Murphy, . . . members of the General As sembly, . . . members of the Appellate courts, . . . constitutional officers, . . . members of the consular corps, . . . ladies and gentlemen:
Seven years ago this week ... on that cold wintery January day when I stood in front of the Capitol to take the oath of office as Governor, ... I solemnly pledged that I would strive "to instill one principal ingredient in every aspect of state government, . . . and that ingredient is excellence."
My words were: "I am committed to achieving excellence in education, ... to the ex pansion of the state's economy to provide jobs for Georgians."
And then I said, "I am committed to the enhancement and enrichment of our human service delivery systems, ... to the improvement of our system of transportation, . . . and to the strengthening of our criminal justice system."
With your help, we have achieved many of my goals and fulfilled much of the vision I expressed that day for our state. The State of our State can be measured by the tremendous progress we have made in all these areas . . . and more. Simply put, the past seven years were the greatest period of expansion in the history of our economy. Let me note some examples:
-- We have created on average almost 9,200 new jobs a month for 84 straight months, ... a total of over 772,000 new jobs over seven years!
-- Our per capita income has grown annually by an average of almost 8 percent; . . . only five states have surpassed us!
-- Our total personal income rose an average of 9.6 percent from 1983-88, ... a figure exceeded by only three states.
-- Our population has grown by one million - to 6.5 million - and over three million Georgians are at work today!
Our successful strategy during this time has been simply ... to promote our traditional advantages . . . and work to rectify the weaknesses that would undermine our overall strength.
One of those strengths is that we are not one-dimensional . . . but multi-dimensional. This has enabled us to become a "global Georgia," ... an economic force not just in the southeast, . . . but in the world marketplace as well. Consider this:
-- Our State is now an international center for communications, . . . financial services,

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. . . technology . . . and transportation. Our ports in Savannah and Brunswick are called "world-class", . . . and Atlanta's Hartsfield Airport is one of the world's busiest.
-- We have successfully developed an aggressive export program . . . with emphasis on high technology and agriculture. Last year, over $4 billion in Georgia products went to over seas markets.
-- Forestry has become a $9 billion industry in our state, . . . and if Georgia were a country, we would be the sixth largest producer of pulp in the world.
-- We now have 41 foreign consulates, ... 24 trade, tourism and cultural offices, . . . nine foreign chambers of commerce, . . . and 33 international banks to promote investment from overseas.
-- Seven years ago, foreign investment in Georgia stood at $2.7 billion. Since then, the attitude has changed from "Why Georgia?" to "Why not Georgia?", . . . and today we have over 1,320 foreign facilities that employ 100,000 Georgians - a $7 billion investment!
While I am committed to continue efforts to attract new investment from outside the state, ... we must also intensify the effort to boost economic growth from within . . . through the expansion of existing businesses.
Many of these businesses are fed by university research, . . . and with your support for the Georgia Research Consortium, ... we have made one of the largest investments in uni versity research of any state in the nation. Last year, almost $300 million in research projects was taken in at university system institutions -- a new record. Our three major research universities now generate more new research than North Carolina's famed Re search Triangle!
Recently, we saw an area in which one of our traditional strengths -- home rule -- threatened to become a weakness. We had reached the point in the fast-paced '80's where decisions made in one jurisdiction . . . overlapped the interests and needs of its neighbors. There was no system for mediation, ... no mechanism or encouragement for regional coop eration, . . . and no way to ensure that state development policies reflected the real needs of our communities.
We now have turned a potential weakness into a strength . . . through a system of coordinated planning recommended by the Growth Strategies Commission, . . . planning from the grass roots up, instead of from the gold dome down. Our vision and forward think ing are winning national renown, . . . and Georgia has become the planning model for the country.
We all know that before 1985 -- and the unanimous passage of the Quality Basic Edu cation Act -- Georgia's public schools were a potentially crippling weakness. Since then, QBE has injected a new vitality, . . . accountability . . . and enthusiasm into the educa tional process. Today:
-- Georgia's average teacher pay is the highest in the southeast.
-- The percentage of students passing the Georgia Basic Skills Tests rose again last year while students increased their average scores by six points over 1988.
-- Norm-referenced test scores exceed the national average in all grades tested.
-- Georgia students surpassed the southeast and the nation on the National Assessment of Education Program which includes reading, math and science tests.
Education is the single most important determinant of the quality of life any individual can achieve, . . . and quality education remains my top priority -- from kindergarten to grade 12, ... from technical education to adult literacy, . . . from college to university level.
But the best teacher in the world cannot teach the first thing to a child who is sick . . . hungry . . . frightened . . . bruised . . . neglected . . ., drunk, drugged ... or sexually

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abused. Children are our only hope for the future -- or else they will be our worst recurring nightmare, ... a bad dream from which we will never awaken.
This is why I have put the children and youth at the top of my agenda for this session. Your children and mine are healthy, . . . clothed . . . loved . . . and fed. We must remem ber -- and take care of -- those who are not!
Another area of major concern this session is drugs . . . which impact children as well as adults, . . . the inner cities as well as rural crossroads. In fact, no one is immune. Drug abuse is complicating virtually every problem with which state government is dealing -- from education to health, from law enforcement to prisons, from blue collar jobs to new industries.
Our efforts to date are not insignificant; the GBI's drug enforcement section has been expanded by 66 positions -- an increase of 88 percent since the start of my administration. The Georgia State Patrol regularly leads the country in highway drug seizures.
But candidly, we may have previously lacked the coordination of effort to ensure maxi mum effect. That is one of the primary recommendations from the Commission on Drug Awareness and Prevention, . . . and I am pleased to say that the drug legislation I am back ing this session came from the combined efforts of nine state agencies, ... all of which deal with the drug problem in some way or another.
One of those agencies is Corrections, a department that feels the direct effects of the drug problem. Ten years ago, one in 10 entering Georgia's prisons were there for a drug or alcohol crime. Last year, it was one in three.
To address overcrowding, ... we appropriated last session over $140 million for new prison construction. When all of these new beds are open, . . . Georgia's prison capacity will have grown from about 13,000 spaces in 1983 ... to over 34,000 -- an increase of more than 22,000 beds -- more than were built by all previous administrations combined!
Still, that Herculean effort is not sufficient to meet the ever growing needs. This is not a problem we can build ourselves out of, ... but Georgians must be willing to continue mas sive capital outlays for prisons ... in spite of the wise emphasis we place on alternatives to incarceration for those who are eligible.
Throughout my administration, ... I have attempted to establish a standard of excel lence that would insure a sound quality of life for future generations of Georgians. I can point to our environmental progress as evidence of that. Of the state's 370 industries with water quality permits ... 98 percent meet our requirements, . . . and of 2,500 with air quality permits, ... 99 percent are in compliance.
While we can be proud of efforts to maintain and enhance our environment, ... a heretofore unknown crisis has been developing. Our landfills will be full in a very short time, . . . but land is in short supply, as is the public willingness to accept new landfill sites. The solution will require new management practices, . . . reduction . . . and recycling. Legisla tion which has been developed by a solid waste task force merits your support, as well as that of local governments and citizens.
Despite out strengths, all our progress could be undermined if we did not manage our finances wisely. The need for sound budget decisions becomes imperative in light of the conditions that made the upcoming budget a tight one. For one thing, we believe our slug gish economy is on the upswing, . . . but we do not feel it will rebound in time to help us in 1991. Another factor that will impact revenue collections this year is the start-up of new tax exemptions for food and the elderly.
For my last budget, I am recommending a spending program of $7.785 billion -- an increase of only $287 million over the existing 1990 budget. Revenues are projected to in crease 5.1 percent.
My recommendations impose an austerity level funding on all continuation spending. We tightened funds for personal services in all agencies . . . with the exception of Correc-

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tions. This means the delayed hiring of new employees. Replacement of some cars is post poned, . . . and we reduced operating expenses in many areas. These actions will mean more efficient management of resources -- without sacrificing critical services.
Prison expansion is among our highest priorities, . . . and I am requesting funds to build two new 750-bed prisons in Macon and Pulaski counties with $53.3 million in bonds.
The cost of building prisons is high -- about $35,500 per bed -- but the cost of running them is higher in the long run. My proposed budget will provide $119.9 million to:
-- Fund unfilled positions and annualize operating costs for the 1,600 fast-track beds opened last year.
-- Open or begin to operate 3,235 new beds over the next 18 months, . . . including four new prisons, one expanded prison and three other facilities.
-- And expand security.
We also need to increase the total fund for counties that hold state prisoners in local jails . . . and expand the probation and parole programs as alternatives to incarceration.
To do all this, we need 2,272 new personnel for Corrections -- increasing the depart ment's total staff to 12,278. This is more than double the Corrections personnel when I took office!
Building more prisons is part of the comprehensive drug package I am proposing this session, . . . but while prisons are critical in the short-term, . . . the long-range solution lies in education, prevention and treatment.
I am proposing:
-- Legislation mandating drug education in grades K-12.
-- A student assistance program aimed at identifying students with drug problems and working to get them active treatment at a cost of $540,000 (DHR).
-- Implementation of the Drug Abuse Resistance Education (DARE) program for $166,000 (GBI).
-- And completing the placement of full-time drug coordinators in each of Georgia's 16 RESA's to help administer a drug-free schools program.
New drug treatment initiatives I am recommending for the Department of Human Re sources' budget include:
-- $5.3 million for 135 additional beds to ensure youth residential treatment facilities in each of the eight consortium areas.
-- $348,000 for 20 treatment beds at the Macon YDC for committed youth.
-- $1.4 million for day drug treatment for 200 youths across the state.
-- And $1.3 million for nine family support programs in the eight regions.
In law enforcement, I am recommending $3.7 million for 57 new GBI, crime lab and support positions ... to expand our efforts against criminals involved in drug trafficking . . . and to double our evidence purchase funds. Out of some $9.7 million expected from the federal government, I am proposing grants to increase multi-jurisdictional task forces, . . . treatment of adult and juvenile offenders . . . and continuing career criminal prosecution programs.
For our public schools, I am recommending new funds of $149.1 million. The largest improvement item is $28.3 million as the first installment on a three-year plan to update funding as recommended by the QBE weights task force. The panel recommended a total of $87.9 million toward this goal, . . . but my proposal covers the items most directly affecting children in the classroom.

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To continue phasing in the QBE in-school suspension program, $6.3 million is re quested to add one teacher for each middle school.
I am pleased that I have been able to maintain -- for the eighth year -- my commit ment to provide an annual pay raise for state employees and teachers. The compensation package I am recommending to you is for $149.1 million. This includes $70 million to raise teacher pay by 3 percent . . . and to complete the phased increase of the longevity factor from 2.9 to 3 percent for teachers and other certificated personnel. This improvement in the longevity factor provides teachers with average experience and above ... an increase of about 1 percent on top of what is recommended for all teachers.
The average teacher pay in 1991 will be $29,400. During the Harris administration, we have raised salaries of Georgia's teachers by 69 percent, . . . and last year ranked sixth among all the states in total increases from 1983-89!
My pay package also includes increases of 2.5 percent for state employees and univer sity system academic and non-academic personnel.
To provide capital outlay entitlements for our schools, ... I am recommending $64.9 million -- for a capital outlay total of $111.6 million at this session. The 1991 entitlements will provide new buildings or planning grants to 82 school systems.
Another $12.9 million is requested to build 20 new local libraries -- increasing to 140 the new libraries built during the Harris administration. These 20 new libraries are pro jected to add another 676,000 volumes ... to the over four million new books now available on the shelves of public libraries across our state. Libraries are among the wisest invest ments we can make on behalf of children -- and adults in Georgia, . . . and I am extremely proud of our record in this area.
Last year -- for the fourth straight year -- we saw significant enrollment increases in our university system. The 10,407 new students will require $51.1 million for the university system budget ... as required under the formula fully funded for the first time by this administration.
In addition, I am recommending a total of $29 million in bonds for the regents to fund three capital outlay projects:
-- $17 million for phase two of the Continuing Education Center at Georgia Southern University.
-- $6.5 million for the parking deck at Georgia Tech with the debt to be retired from receipts.
-- And $5.5 million for an addition to the Student Center at Southern College of Technology.
For our technical institutes -- which are vital to job training and our competitiveness -- I am recommending $4.1 million in new funds that include, among several items, . . . the conversion of the Ben Hill-Irwin Technical Institute at Fitzgerald to state governance. This leaves only four out of 32 institutes still under local management.
For equipment and furnishings at new institutes and repairs and renovations at others, ... I am recommending $12.7 million in bonds.
As we all know, health care is one of the fastest rising costs in government. In fact, Medicaid spending must increase by $157.8 million in state matching funds during 1991. Another $112 million is required to provide health benefits for public school teachers and state employees. This is a total of $269.8 million -- only $17 million less than the total increase in the budget!
A year ago, I formed a task force to study the cost of health care for employees and teachers. That group recommended actions that will save $22 million in the short term . . . and $43 million in the long term. However, the task force said the state was otherwise doing

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everything possible to contain costs . . . without reducing benefits or shifting more of the cost to the users. The problem is a national one, the task force said.
Georgia's Medicaid budget in 1991 will rise a whopping 28 percent -- to $715.6 million! Medicaid started to balloon in 1987 and had climbed $427 million in only four years -- an astounding 148 percent increase -- an average of 37 percent a year.
The 1991 increase mostly covers increased utilization, . . . new benefits mandated by the federal government . . . and increases for providers.
The cost for health and social services for Georgia's disadvantages citizens continues to rise at a fast rate also. As a result, I am recommending an increase of $57.6 million for the Department of Human Resources -- with a total increase of $141.8 million including federal funds.
Programs in Family and Children Services will appropriately receive the largest share of new funds: $41.4 million in state funds, . . . $81.8 million in total funds. Almost half the new state money -- $18.3 million -- is needed to fund an increase in AFDC rolls from an average of 93,541 cases a month -- to 106,017 a month. Another $3.4 million is needed to increase AFDC benefit payments by 2.5 percent.
I am proposing $6.8 million to expand our ability to investigate child abuse and neglect reports . . . and to provide adequate protective services to our children. Improvements are vital in this area because on any single day, . . . there are at least 16,000 children under some type of care by the Department of Human Resources. Over the course of a year, . . . DHR will handle some 40,000 cases involving children. The sheer weight of the numbers is mind-boggling, . . . and I want to publicly thank and commend the dedicated professionals and volunteers who deal daily with these sad cases. They need our help -- and so do the children.
The funds I am recommending will:
-- Add 271 new caseworkers for children's protection and placement services.
-- Implement a computerized tracking system for child abuse case reporting.
-- Establish a child services training academy in partnership with the renowned Wood ruff Foundation.
-- And expand the court-appointed special advocates program, including a new regional office in Savannah.
Two expenditures between the Medicaid and Human Resources budgets would expand community-based services for youth.
-- $3.8 million to place youth in community settings in lieu of incarceration.
-- And $707,000 for a community service program in DeKalb County for severely emo tionally disturbed children and youth.
To expand community-based services for the chronically mentally ill in the Clayton, Hall and Muscogee catchment areas, I am recommending $3.5, . . . and to improve services for the mentally retarded, ... I am recommending $1.7 million. I am also recommending $360,000 to support development of an autism resource center at Emory University . . . and $57,500 for the pediatric AIDS clinic at Grady Hospital.
Last year, we provided $135 million for the Governor's Road Improvement Program, . . . and I am recommending that we continue that level of funding through bonds.
To increase our efforts in environmental protection, ... I am recommending 27 new positions for the Department of Natural Resources to work in the areas of drinking water, ... air pollution, . . . erosion and sedimentation control . . . and solid waste.
This year we must also complete the expansion and modernization of the Herty Foun dation Research and Development Center in Savannah, . . . requiring $3.9 million in bonds.
Tourism and conventions are now a $9.1 billion industry in Georgia. Last year, the

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World Congress Center generated $598 million of this total, including $40 million in new tax revenues, . . . and attracted 1.3 million visitors.
The center is already booked at 94 percent capacity for the next five years -- and 83 percent between now and the year 2,000. Failure to expand will cost us much business al ready booked, ... so I am recommending that we appropriate $69 million in bonds for the 325,000 square foot expansion . . . that received design and land acquisition funds in 1988.
This addition -- along with the Georgia Dome -- is vital to Atlanta's bid to host the 1996 Olympics. When completed, this will make our Georgia World Congress Center . . . the largest convention and exhibition complex in North America!
One of the proudest accomplishments of my administration has been keeping our bonded indebtedness within our ability to pay. When I took office, 5.8 cents out of every revenue dollar collected went to pay off bonds. When I leave office, debt payments will consume only 4.6 cents of every revenue dollar!
We have, in fact, reduced our outstanding debt as a percentage of state revenues by 41 percent since 1983!
We have been decreasing our debt based on our ability to pay through expanding the use of five-year bonds . . . which are paid off much faster, saving millions of dollars in interest; . . . through retiring bonds early, . . . and through buying bonds in the secondary market.
Many of our bonds will be retired from revenues or taxes generated by the projects -- making our bonded indebtedness programs even better investments. As a result of prudent and conservative management of our bonded indebtedness, . . . Georgia continues to main tain bond ratings surpassed by few states. In fact, Georgia's bond rating has actually been increased during my administration . . . while many states were lowered.
In closing, let me say that these past seven years have been the most rewarding of my career in public service. I recall many acts of courage, . . . kindness and friendship following legislative battles hard and bravely fought. I remember many examples of leadership and reasonable compromise where political expediency might have led elsewhere.
I would like to name and thank all those I have known within these cherished halls and chambers, . . . but that would be impossible. Still I cannot fail to take this opportunity to thank one individual in particular who has been beside me every step of the way -- a strong, caring and compassionate woman who has made me proud wherever she has gone across Georgia or around the world. I have never been more proud of her than I have in these past seven years. I am referring to Georgia's first lady -- and my wife -- Elizabeth Harris.
I know that it is not the past seven years but the year to come that is most on your minds. Let us then resolve to make 1990 more than a benediction on eight years of the Harris administration, . . . and instead a bright beginning for the Georgia we envision for our children.
Thank you and God bless you.
Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Serving as doctor of the day today was Dr. Garland Kinard of Rossville, Georgia.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 11, 1990 Fourth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House:
HB 1140. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th: A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Houston County; to provide a short title.
HB 1189. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.
HB 1238. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of probate court.
HB 1239. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th: A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 236. By Senators Olmstead of the 26th, Albert of the 23rd, Harris of the 27th and others: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to require all state departments and agencies to prepare and publish quarterly aging reports of vendor invoices which have not been paid within certain periods of time.

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The House has passed by the requisite constitutional majority the following bill of the House:
HB 1244. By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd, Holland of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradi cation programs, so as to provide for additional referendums for the purpose of changing the amount of such assessments or extending the time period for the collection of such assessments, or both.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 510. By Senators Newbill of the 56th, Clay of the 37th and Tysinger of the 41st:
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 suspension of the driver's license or learner's permit of any person under the age of 18 years who withdraws from school; to define certain terms; to provide for exceptions; to provide for notice; to provide for appeals. Referred to Committee on Education.
SB 511. By Senator Shumake of the 39th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide that any patient diagnosed as terminally ill or incurable shall give additional written con sent to any further medical or surgical procedures, tests, treatments, or special ists' consultations. Referred to Committee on Human Resources.
SB 512. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols and revolvers, so as to exclude persons convicted of an offense involving illegal drugs from eligibility to receive or hold such licenses; to provide for definitions; to provide an effective date. Referred to Committee on Special Judiciary.
SB 513. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Anno tated, relating to the possession of firearms by convicted felons and first offender probationers, so as to exclude persons convicted of offenses involving illegal drugs from eligibility to secure from the Board of Public Safety relief from the disability to possess firearms; to provide for definitions. Referred to Committee on Special Judiciary.
SB 514. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide for publica tion of the name of each person convicted of offenses involving drugs; to provide for definitions; to provide for the duties of the clerk; to provide for fees; to pro vide for publication costs; to provide an effective date. Referred to Committee on Special Judiciary.

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SB 515. By Senator Dawkins of the 45th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, so as to provide that persons convicted of oifenses involving illegal drugs shall not be eligible to obtain hunting, fishing, or trapping licenses, stamps, or permits or permits relat ing to the possession of wildlife or game; to provide for definitions. Referred to Committee on Special Judiciary.
SB 516. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
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 instances when food shall be deemed to be adulterated; to provide that food containing certain pesticide residues shall be deemed to be adulterated and unsafe. Referred to Committee on Agriculture.
SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and con trol of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter. Referred to Committee on Agriculture.
SB 518. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to change the definition of the term "farmers' market"; to change the provisions relating to the rental or leasing of real property; to provide for the powers and duties of the Commissioner of Agriculture. Referred to Committee on Agriculture.
SB 519. By Senators Edge of the 28th, Dawkins of the 45th and Howard of the 42nd:
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 for the preparation of hazardous waste reduction plans by hazardous waste generators and for annual progress reports in connection therewith. Referred to Committee on Industry and Labor.
SB 520. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and prac tices, so as to regulate the sale of pistols, revolvers, and assault weapons; to make it unlawful for a dealer to sell a pistol, revolver, or assault weapon to any person except pursuant to certain conditions and procedures. Referred to Committee on Juciciary.
SB 521. By Senator Langford of the 35th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to property subject to forfeiture for violations involving controlled sub stances, so as to provide that any forfeited money or currency which vests in a local political subdivision may be expended by the governing authority of such

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subdivision to provide financial assistance to any program, club, group, organiza tion, or team operating within a local public housing project. Referred to Committee on Judiciary.
SB 522. By Senator Langford of the 35th:
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 require any used motor vehi cle dealer to offer a written warranty to any consumer purchasing a used motor vehicle; to provide definitions; to provide for minimum warranty coverage; to provide for exclusions from warranty coverage. Referred to Committee on Consumer Affairs.
SB 523. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with refer ence to personal insurance, so as to authorize certain privately owned corpora tions and trusts providing benefits to employees to effectuate insurance upon their employees without obtaining consent; to provide for an effective date. Referred to Committee on Insurance.
SB 524. By Senators Johnson of the 47th, Baldwin of the 29th, Harris of the 27th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county. Referred to Committee on Public Utilities.
SR 314. By Senator Dawkins of the 45th:
A resolution creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force. Referred to Committee on Industry and Labor.
SR 315. By Senator Dawkins of the 45th:
A resolution urging the United States Congress and the United States Depart ment of Labor to explore legislative and regulatory alternatives which will pro vide adequate administrative funds for employment and unemployment pro grams in Georgia. Referred to Committee on Industry and Labor.
The following bills of the House were read the first time and referred to committees:
HB 1140. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Houston County; to provide a short title. Referred to Committee on Urban and County Affairs.

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HB 1189. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.

HB 1238. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of probate court.
Referred to Committee on Urban and County Affairs.

HB 1239. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd and others:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges.
Referred to Committee on Urban and County Affairs.

HB 1244. By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd and others:
A bill to amend Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradi cation programs, so as to provide for additional referendums for the purpose of changing the amount of such assessments or extending the time period for the collection of such assessments, or both.
Referred to Committee on Agriculture.

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

Mr. President:

The Committee on Consumer Affairs has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 305. Do pass.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

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

SB 250. Do pass by substitute. SB 414. Do pass. SB 415. Do pass.

SB 416. Do pass. SB 417. Do pass. SB 497. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

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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 319. Do pass as amended.
HB 686. Do pass as amended.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman
The following bills of the Senate were read the second time:
SB 10. By Senator Kidd of the 25th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal.
SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility.
SB 33. By Senators Stumbaugh of the 55th, Taylor of the 12th, Foster of the 50th, Broun of the 46th and Peevy of the 48th:
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 provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.
SB 36. By Senators Stumbaugh of the 55th, Taylor of the 12th, Olmstead of the 26th, Broun of the 46th and Peevy of the 48th:
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 provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.
SB 58. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretarytreasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer.

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SB 71. By Senator Timmons of the llth:
A bill to amend Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to the definitions of "average annual compensation"; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relat ing to the fee system of compensation and reports in connection therewith.
SB 72. By Senator Timmons of the llth:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other posi tions or offices; to change the provisions relating to retirement and disability benefits.
SB 76. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge.
SB 418. By Senator Peevy of the 48th:
A bill to amend Code Section 9-11-55 of the Official Code of Georgia Annotated, relating to default judgment, so as to change certain provisions regarding certain actions in which the plaintiff shall be required to introduce evidence and estab lish the amount of damages.
SB 419. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-60 of the Official Code of Georgia Annotated, relating to definitions regarding wiretapping, so as to provide that a "device" shall not include a pen register or dialed number recorder used by any law en forcement officer in the performance of his official duties.
SB 421. By Senator Peevy of the 48th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that in all felony cases in which the maximum prison sentence imposed is ten years or less, in other felony cases where the maximum sentence is greater than ten years, except capital felo nies, and in which defendants have been bound over to the superior court, are confined in jail, or released on bond the district attorney shall have the authority to prefer accusations.
SB 423. By Senator Peevy of the 48th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that if the results of a blood test indicate that the likelihood of an alleged father's paternity is 95 percent or greater, upon mo tion of the petitioner, the court shall order the alleged father to pay temporary child support in accordance with the provisions of Code Section 19-6-15; to pro vide that such child support shall be held pending a final adjudication of the issue of paternity.

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SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of cer tain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barnes Bwen
^ rannon BQJroun Coleman Collins Dawkins Dean Echols Egan

English Engram Fincher Garner Gillis
Harris uHuggm s Kennedy Kidd Land McKenzie Newbill Olmstead

Those not answering were Senators:

Parker Peevy Perry Phillips Pollard

Ragan RD agan

ooffe

10th 3on2ndj

Ray

Shumake

Tate

Taylor

Timmons

Turner

Barker Burton Dgjeal Foster Fuller

Hammill Howard Johnson Langford Scott of 2nd

Scott of 36th Starr Stumbaugh Tysinger Walker

Senator Ragan of the 10th introduced the chaplain of the day, Dr. William W. Oliver, Jr., pastor of the First United Methodist Church, Bainbridge, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 316. By Senators Deal of the 49th and Echols of the 6th: A resolution commending Kristen Ivy Pattie.

SR 317. By Senators Deal of the 49th and Turner of the 8th: A resolution commending Chantel Marable.

SR 318. By Senators Deal of the 49th and Edge of the 28th: A resolution commending Michael Steven Stratton.

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SR 319. By Senators Deal of the 49th and Bowen of the 13th: A resolution commending Chris Morris.
SR 320. By Senators Deal of the 49th, Garner of the 30th and Baldwin of the 29th: A resolution commending Lee Watson Webb IV.
SR 321. By Senators Deal of the 49th and Dawkins of the 45th: A resolution commending Stacy Dawn Bishop.
SR 322. By Senators Deal of the 49th, Kennedy of the 4th and Hammill of the 3rd: A resolution commending Joy Moore.
SR 323. By Senators Deal of the 49th and Perry of the 7th: A resolution commending Greg Moore.
SR 324. By Senators Dean of the 31st and Deal of the 49th: A resolution commending Christine Estes.
SENATE CALENDAR Thursday, January 11, 1990 FOURTH LEGISLATIVE DAY SB 221 Controlled Substance Charge--no bail (Substitute) (Amendment) (S Judy--17th)
The following general bill of the Senate, having been read the third time and lost on February 21, 1989, reconsidered on February 22, 1989, and postponed on January 8, 1990, until Thursday, January 11, was put upon its passage:
SB 221. By Senators Collins of the 17th, Perry of the 7th, Gillis of the 20th and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to provide that per sons charged with manufacturing, delivering, distributing, dispensing, adminis tering, selling, or possessing with intent to distribute certain controlled sub stances or marijuana shall not be eligible for bail.
The substitute to SB 221 offered by the Senate Committee on Special Judiciary and adopted on February 21, 1989, was as follows:
A BILL To be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to provide that per sons charged with manufacturing, delivering, distributing, dispensing, administering, or sell ing certain controlled substances or marijuana shall not be eligible for bail; to provide that 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to

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persons before whom offenses are bailable, is amended by striking said Code section 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 oifenses 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. 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 i raffick-

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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 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Parker of the 15th offered the following amendment:

Amend the substitute to SB 221 offered by the Senate Committee on Special Judiciary as follows:
By striking from page 1, lines 3 and 4, the words "charge with" and
adding in their place after the word "persons" the following: "previously convicted of"; and by striking from page 4, line 12, the words "charged with" and adding in their place the following: "who has previously been convicted of.

Senator Allgood of the 22nd moved that SB 221 be committed to the Senate Committee on Special Judiciary.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Brannon Broun Coleman Dawkins Dean English Engram

Fincher Foster Gillis Harris Huggins Johnson Kennedy Kidd Langford McKenzie

Parker Peevy Pollard Ragan of 10th Ray Scott of 36th Tate Taylor Timmons Turner

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Those voting in the negative were Senators:

Albert Barnes Burton Clay Collins Edge

Egan Garner Howard Land Newbill Perry

Phillips Ragan of 32nd Shumake Starr Stumbaugh Tysinger

Those not voting were Senators:

Barker Deal Echols

Fuller Hammill Olmstead

Scott of 2nd Walker

On the motion, the yeas were 30, nays 18; the motion prevailed, and SB 221 was com mitted to the Senate Committee on Special Judiciary.

Senator Scott of the 36th introduced the doctor of the day, Dr. Robert S. Kaufmann, of Atlanta, Georgia.

Senator Allgood of the 22nd moved that the Senate recess at 9:45 o'clock A.M., the hour for the Joint Session of the Senate and House of Representatives called for the purpose of hearing a message from Honorable Harold G. Clarke, Chief Justice of the Supreme Court of Georgia, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 9:00 o'clock A.M. tomorrow. The motion prevailed.

The hour for convening the Joint Session of the Senate and House of Representatives under the provisions of HR 565 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message from the Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 565, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.

The Honorable Harold G. Clarke, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows:

Lieutenant Governor Miller, Mr. Speaker, Honorable members of the Georgia General Assembly, my fellow Justices and judges, distinguished guests, members of the media, ladies and gentlemen:
I thank you for allowing me to report on the third branch of government, the judiciary. It is an honor to speak for the fine men and women on the benches of the courts of our state, and for their support staffs.
All this is an honor, of and by itself. But more. To me, the honor is multiplied and magnified. Let met tell you why.
Twenty-nine years ago this month, seventy-seven new members of the Georgia House of Representatives took the oath of office. And because of the rotation system of those days, fifty-two new senators swore to do their duty in that body.
According to my research, only one of the freshmen of 1961 remains in the House. On the Senate side, none continues to serve as a senator.
But one young crew cut former mayor from the 1961 Senate remains in that chamber in a different capacity. The one remaining 1961 freshman member of the House held firm opin ions as to what benefited the people of this state and possessed a ready willingness to speak those opinions.

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You no doubt guessed the identity of those two people: Lieutenant Governor Zell Miller and Mr. Speaker, Thomas B. Murphy.
There's another survivor of that cold week in Atlanta in the days when there was no carpeting on the House floor and no drapes on the windows. Although he has not served in the Legislative branch for nearly twenty years, his ten years in the House formed a major part of his life. His attitudes, goals and values still feel the influence of his days sitting in the aisle seat a little more than half the way back on the center aisle.
That freshman legislator came to this hall from a country law practice hoping to make some contribution to the betterment of his state.
He comes back to this hall today. He comes from across Mitchell Street hoping anew to make some contribution benefiting the people of Georgia. I am that person.
Lieutenant Governor Miller, Speaker Murphy: I am with you again. This is homecoming. This is why the honor of appearing here today is magnified and multiplied for me.
Lieutenant Governor Miller: you truly looked like a freshman legislator in 1961. Speaker Murphy: you were even thinner then. And, of course, I had hair then.
I want you to know I count my ten years in this House as among the happiest of my life. I count them as among the most satisfying years of my life. The friends I made here remain among my closest. The events of those days stand out as peaks in my life.
The legislature repealed the segregation laws of Georgia. It abolished the county unit system. It reapportioned itself. Now, admittedly, these acts came only after a push from the federal courts. But it should not go unnoticed that, faced with reality, the General Assembly acted responsibly.
During those years, the legislature asserted its constitutional right and assumed the appropriations power.
As a member of the House of Representatives for ten years, I felt deeply that the legis lative branch must be independent before it could adequately serve the interest of all Geor gians. We witnessed, during those years, the acquisition of independence and I remember well rejoicing in it.
I come now as a spokesman for another branch. And in doing so I have the duty to stand here as one who seeks to preserve independence and equality for that branch. That duty, of course, should not be carried out for the purpose of the glorification of the branch or any of its officials.
As a matter of fact, I, as a spokesman for the judiciary, have a duty more serious than my duty to be an advocate for that branch. The overriding duty of all public officials is the formation of a cooperative partnership. A partnership between each of the branches of gov ernment engaged in the effort to make a better Georgia ... A Georgia where people need not fear dark streets. A Georgia where disputes are resolved quickly, inexpensively and with the right result. A Georgia where its people feel comfortable in the knowledge that equal justice flows to all regardless of their station in life. A Georgia where the law through its logic, fairness and effective administration gains the respect of all its people.
In my devotion to this duty, I today appear before you for the purpose of extending the judicial hand of cooperation so that we may attack the common problems of all branches of Georgia government and all its people.
Georgia, and for that matter the entire country, faces no greater danger, no greater fear, and no greater malady than the scourge of drugs. It reaches into every aspect of peoples' lives. In the judicial system we see it obviously in criminal cases, but it also affects civil cases. The impact of drugs appears not only in the prosecution of drug cases, it becomes the moving influence in great numbers of murder cases, burglaries, robberies, assaults and al most every other type of criminal activity.
The vicious claws of the drug problem also tear at the very heart of society and the

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courts see the wounds. The meanness of drugs so often tears families apart. Civil cases in volving business frequently come to the courts because drugs affect the behavior of a party.
The drug problem demands strong and workable statutes. It demands skilled and effec tive law enforcement. It demands enough jails to punish offenders. It also demands a court system capable of moving the caseload and reaching just results. If, because of inadequate facilities, inadequate personnel, or inadequate procedures, the courts fail to move the cases, all the good laws and all the good enforcement in the world make little difference.
We believe that you fully recognize the problem. We offer our help in the best way we can within the framework of the separation of powers mandated by our Constitution.
It has been said before and I repeat it: No trial judge in the state of Georgia should ever have to worry about whether the state will have room for a criminal convicted for violation of drug statutes -- or any other statute, for that matter -- when it comes time for that judge to assess sentence.
Having said all of that, I report to you today that the state of the Judiciary in Georgia is excellent.
We do have our problems, to be sure. We always have had problems and always will as the structure of society changes and we strive to meet those changes.
Our superior court system at the moment is involved in a federal suit. The suit contests the manner in which our judges are elected. This is a political issue and has no direct bear ing on the way our civil disputes and criminal cases are resolved. It holds up the placement of new judges. I offer no comment on the political issue of how our judges are elected. I only say that I hope the problem will be resolved speedily and fairly. Full attention needs to be turned to the affairs of our citizens.
Caseloads continue to rise in our courts and we continue the fight to reduce the time lag between the filing of a civil case or the return of an indictment to final disposition.
The Administrative Office of the Courts has closely monitored the flow of cases in our superior courts. From 1982 to 1987 our judges reduced the average estimated time from filing to disposition by more than five months, or a 49 percent reduction.
The estimated time for processing domestic relations cases decreased the most -- more than six months or 60 percent. Processing time for felony cases fell by two months -- a 31 percent reduction.
I attribute these improvements to more effective methods of case management and cal endaring techniques, more productive procedures for court administration, expanded use of computers by courts and the benefit of 21 additional judgeships during the five-year period. These improvements have been made despite an increase of 10 percent in the cases filed in our superior courts. You deserve credit for many of these improvements. We thank you. The people of Georgia owe you thanks.
Felony cases rose 12 percent from 1986 to 1987 and then jumped again by 19 percent from 1987 to 1988. Drugs and related cases, of course, play a big part in the increase in felony cases.
Computerization of the Judicial Branch moves forward at a rapid pace. Last year, the Judicial Council, with the support of the Secretary of State's office, made a request. You generously responded and appropriated state funds to provide a personal computer and printer to each superior court clerk's office.
I am pleased to report today that each computer has been installed and is part of a statewide network. This allows each superior court clerk to communicate electronically with all other superior court clerks. Further, it allows attorneys to review corporation records in the Secretary of State's office through a computer in their local clerk's office.
I would be remiss if I did not note that individual counties are also making substantial investments in additional computer equipment.

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We are making giant strides in adapting technology to our judicial system, but it is not coming easy.
Our Judicial Council's Electronic Data Processing Committee continues to work dili gently. It provides leadership to channel this rapid growth. You have required the courts to make reports to executive branch agencies. The committee has identified the information which must be included in local court computer systems for this purpose. They have helped set up the superior court clerk's network and have developed other proposals to increase judicial effectiveness.
Nevertheless, we conclude that adequate plans cannot be made unless the legislative and executive branches join with the judicial branch in preparing a data processing plan for the courts for the remainder of this century. To accomplish this, I ask that you create a blue ribbon commission on Electronic Data Processing for the Courts.
Only through such a joint effort can we adequately plan for the mutual information needs of the courts and such agencies as the Crime Information Center, Department of Cor rections, Department of Revenue, and Department of Human Resources. These agencies rely on courts for information. Moreover, such a commission can insure that all of our com puter equipment will be compatible, that there will be no waste of public funds.
I also ask your support of a request by the Judicial Council for $613,000 for computers for superior court judges of each circuit and key administrative offices. In addition to pro viding electronic communications between those offices, such an addition will provide legal research at cost-effective prices.
The Georgia Commission on Gender Bias in the Judicial System was created by order last March 15 and is now busy investigating the existence and scope of gender bias in our courts. To date, three public hearings have been held in which 38 persons testified. Six more hearings are scheduled around the state. By the end of the year the Commission will report its findings and recommendations. This will be a major step in solving any problems of sex discrimination in our courts.
Thirty persons serve on the Commission with representatives from each class of appel late and trial courts, the bar, the law schools and the citizenry at large.
Last year you appropriated one million dollars toward the establishment of a statewide indigent defense system. This money went to the Georgia Indigent Defense Council to assist with the funding of local indigent defense programs. It enabled the council to begin actually moving toward its stated goal for the first time since its creation in 1979.
The council has formulated guidelines for the operation of the local programs. Those guidelines were approved by the Supreme Court in October. They cover appointment of counsel, eligibility criteria, standards for the operation of local offices and programs and the hiring of contractors, attorneys' fees, responsibilities of local governing committees and the mechanism for distribution of the funds.
The council followed up in December by distributing $950,000 to 115 counties which had applied for funds. These same counties spent almost 12 times that amount in 1988 to provide representation of more than 64,000 defendants.
The council continues to work closely with governing committees at the county level.
Providing effective defense counsel not only meets constitutional requirements, it is the right thing to do. Beyond that it saves vast sums of public money by reducing retrials.
I could report on numerous other activities in which the judiciary of this state is en gaged if time permitted. I will say briefly that the Appellate Settlement Conference program sought by the Court of Appeals and which gained your approval is in place and working well.
When I mentioned our problems, I hope no one loses sight of our accomplishments, many of which you have helped bring about.

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Within the last 20 years, Georgia has acquired a merit system for the screening of nomi nees for judicial appointment. We now have nonpartisan elections.
We have a system of judicial ethics and discipline. We have a meaningful Code of Judi cial Conduct and a constitutionally mandated qualification commission as an enforcement arm.
We have a unified judicial system, a Judicial Council, a state-wide Administrative Office of the Courts, administrative districts and uniform rules.
These accomplishments mean much in providing for the people of this state an inde pendent judicial system which dispenses equal justice to all.
We thank you, ladies and gentlemen, for your help.
One of the biggest steps forward came in 1982. The people of Georgia spoke in the most solemn means in their command when they ratified a new Constitution.
That ratification told the Supreme Court that it should administer the judicial system in such a way as to provide for the speedy, efficient and inexpensive resolutions of disputes and prosecutions. Our citizens are entitled to results from that demand.
Even with all the monitoring of caseloads and streamlining of dockets, most disputes take too long to resolve. Most disputes cost too much to resolve. Some disputes end up with the wrong result despite all of our built-in efforts of fairness and due process. When those things occur we have failed to carry out the charge of the people.
Today challenges us to recognize our shortcomings and meet the needs of a changing society.
We must continually examine the framework of traditional judicial administration and isolate failings. When a dispute can't be resolved because court action costs more than the amount in dispute, the system is deficient, rather than efficient.
When a dispute cannot be resolved because it involves transactions too complex for the present system, the system is deficient rather than efficient.
The third branch of government in Georgia must adjust to create effectiveness in an swer to changes in society.
This means more than just polishing up old things. This may require changes with which some of us feel discomfort.
I suggest no major changes today. Rather, I pledge our best effort to sort out the fail ings and find the means to correct them. We will need your help.
Thank you for the honor of allowing me to make this report to you.
Senator Allgood of the 22nd moved that the Joint Session be now dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 12, 1990 Fifth Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House:
HB 1185. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
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 the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug offense.
HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.
HB 1200. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons con victed of possession of a controlled substance or marijuana; to provide for report ing of suspensions to the Department of Public Safety.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 623. By Representatives Murphy of the 18th, Edwards of the 112th, Groover of the 99th, Connell of the 87th, Lee of the 72nd and Walker of the 115th:
A resolution expressing the consensus of the General Assembly with respect to the Tenth Amendment to the United States Constitution.

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107

HR 624. By Representatives Reaves of the 147th, Greene of the 130th, Royal of the 144th, Floyd of the 135th, Birdsong of the 104th and Godbee of the 110th:
A resolution urging the United States Environmental Protection Agency to allow the continued use of EBDC fungicides and Benomyl on certain vegetables.
HR 626. By Representatives Jackson of the 83rd, Lee of the 72nd, Connell of the 87th, Hanner of the 131st, Parrish of the 109th and others:
A resolution relative to the promotion of marksmanship programs in Georgia high schools.
The followings bills of the Senate were introduced, read the first time and referred to committees:
SB 525. By Senator Kidd of the 25th:
A bill to amend ARticle 1 of Chapter 20 of Title 45 of the Official Code of Geor gia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize an employee in the classified service to convert up to three days of accrued sick leave to three regular workdays' compensation or salary under certain circumstances in lieu of converting such accrued sick leave to per sonal leave.
Referred to Committee on Governmental Operations.
SB 526. By Senator Shumake of the 39th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to create a committee of health care professionals for the purpose of establishing a formulary of medicinal drugs to be made available to the public on the order of a pharmacist; to provide for dispensing procedures; to provide for information to be maintained by pharma cists; to provide a penalty.
Referred to Committee on Human Resources.
SB 527. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th 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 additional sparsity grants for fiscal year 1991; to specifically repeal certain effective date and repeal date provisions; to provide for a new effective date and repeal date.
Referred to Committee on Education.
SB 528. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney General, so as to provide that the authority of the Attorney General to bring or prosecute any civil action against any state officer, employee, or entity shall be subject to the approval of the Governor; to provide for related matters; to provide an effective date.
Referred to Committee on Judiciary.

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The following bills and resolutions of the House were read the first time and referred to committees:
HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of driver's license to a person convicted of driv ing under the influence.
Referred to Committee on Judiciary.
HB 1185. By Representative Jackson of the 9th, Murphy of the 18th, Colwell of the 4th and others: 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 the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug offense.
Referred to Committee on Judiciary.
HB 1200. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons con victed of possession of a controlled substance or marijuana; to provide for report ing of suspensions to the Department of Public Safety.
Referred to Committee on Judiciary.
HR 623. By Representatives Murphy of the 18th, Edwards of the 112th, Groover of the 99th and others: A resolution expressing the consensus of the General Assembly with respect to the Tenth Amendment to the United States Constitution.
Referred to Committee on Judiciary.
HR 624. By Representatives Reaves of the 147th, Greene of the 130th, Royal of the 144th and others: A resolution urging the United States Environment Protection Agency to allow the continued use of EBDC fungicides and Benomyl on certain vegetables.
Referred to Committee on Agriculture.
HR 626. By Representatives Jackson of the 83rd, Lee of the 72nd, Connell of the 87th and others: A resolution relative to the promotion for marksmanship programs in Georgia high schools.
Referred to Committee on Education.
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

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109

Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 516. Do pass.

SB 518. Do pass.

SB 517. Do pass.

HB 1244. Do pass.

Respectfully submitted,

Senator English of the 21st District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 411. Do pass. SR 282. Do pass.
Respectfully submitted,
Senator Foster of the 50th 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 10. Do pass. HB 192. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

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

SB 250. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of certain real estate appraisers; to provide a short title; to provide definitions; to create the Georgia Real Estate Appraisers Board and provide for the member ship, qualifications, terms, officers, powers, duties, authority, compensation, ex penses, quorum, practices, and procedures thereof.

SB 414. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date.

SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-51 of the Official Code of Georgia Annotated, relating to the date of municipal elections, so as to change the provisions relating to dates of municipal elections.

SB 416. By Senator Kidd of the 25th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to requirements pertaining to fire protection and safety with respect to

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buildings presenting special hazards to persons or property, so as to provide an exemption with respect to certain buildings which meet the fire safety and build ing standards of local political subdivisions.

SB 417. By Senators Kidd of the 25th, Walker of the 43rd, Shumake of the 39th and others:
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 and the establishment of flexible employee benefit plans, so as to provide that the employee welfare benefits under flexible employee benefit plans may be operated as a self-insured plan in whole or in part or by contract with an authorized company.

SB 497. By Senators Dawkins of the 45th, Foster of the 50th and Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to filing of financial disclosure statements by public officers and candi dates for public office, so as to provide for certain financial disclosure on the part of candidates for Governor; to require disclosure of certain transactions with gov ernmental entities; to require disclosure of certain income from parties repre sented by registered agents.

SR 305. By Senators Shumake of the 39th, Tate of the 38th, Scott of the 36th and others:
A resolution creating the Governor's Commission on the Social Status of Black Males.

HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons provid ing workers' compensation benefits.

HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon require ments imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from out-of-state mail or der pharmacies.

Senator Scott of the 2nd moved that Senator Hammill of the 3rd be excused from all roll calls in the Senate today because of pressing family business.

On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Hammill of the 3rd was excused from all roll calls in the Senate today.

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

Albert Allgood Baldwin Barker

Barnes Bowen Broun Burton

Clay Collins Dawkins Deal

FRIDAY, JANUARY 12, 1990

111

Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Harris
Huggins

Johnson Kennedy Kidd 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

Those not answering were Senators:

Brannon Coleman Egan

Hammill (excused) Howard

Land Langford Walker

Senator Fuller of the 52nd introduced the chaplain of the day, Reverend Kenny Drew
Fuller, pastor of White United Methodist Church, White, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 325. By Senators Kidd of the 25th, Gillis of the 20th, Garner of the 30th and others: A resolution wishing a speedy recovery for Honorable Steve Polk.

SR 326. By Senator Bowen of the 13th:
A resolution commending the firefighters of Georgia on their 18th Annual Fire men's Recognition Day on January 25, 1990.

SENATE CALENDAR
Friday, January 12, 1990
FIFTH LEGISLATIVE DAY
SB 10 Employee's Retirement--credit for forfeited annual and sick leave (Ret--25th)
SB 28 Peace Officers' Annuity Fund--certain Department of Human Resources employ ees (Substitute) (Ret--33rd)
SB 33 Insurance Consumer Advocate--provide with funding (Amendment) (Ins--55th)
SB 36 Insurance Consumer Advocate--provide (Amendment) (Ins--55th)
SB 58 Probate Court Judges' Retirement--change provisions, certain service credit (Ret--25th)
SB 71 Trial Judges, Solicitors Retirement--define average annual compensation (Sub stitute) (Ret--llth)
SB 72 District Attorneys' Retirement--define average annual compensation (Substi tute) (Ret--llth)
SB 76 Superior Court Judges' Retirement--eligibility, certain 75 year old judge (Ret--2nd)
SB 418 Default Judgment--provisions on plaintiff introducing evidence (S Judy--48th)
SB 419 Wiretapping by Law Enforcement--definitions (S Judy--48th) SB 421 Certain Felony Cases--District Attorney may prefer accusations (S Judy--48th)

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SB 423 Child Support--pay if alleged father's paternity certain percent (S Judy--48th)
SB 433 Automobile Insurance Premium Reduction--defensive driving courses (Amend ment) (Ins--55th)

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

SB 10. By Senator Kidd of the 25th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal.

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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 1, 1989

SUBJECT: Senate Bill 10 (LC 10-8157) Employees' Retirement System

This bill would allow the provisions regarding credit for accumulations of forfeited an nual and sick leave to be applicable to members of the Employees' Retirement System who
first or again become members of the system on or after July 1, 1982. If enacted, this bill would become effective on July 1, 1990, provided it is determined to have been concurrently
funded as provided in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

The following Memorandum and Actuarial Investigation Report, as required by law, was read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

FRIDAY, JANUARY 12, 1990

113

SUBJECT: Actuarial Investigation--Senate Bill 10 (LC 10 8157) Employees' Retirement System

This bill would allow the provisions regarding credit for accumulations of forfeited an nual and sick leave to be applicable to members of the Employees' Retirement System who first or again become members of the system on or after July 1, 1982. If enacted, this bill would become effective on July 1, 1990, provided it is determined to have been concurrently funded as provided in the Public Retirement Systems Standards Law.

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

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

from the bill.

$ 3,934,000

(2) The amount of annual normal cost which will result from the bill. $ 1,240,000

(3) The employer contribution rate currently in effect.

17.85%

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

17.95%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 1,550,000

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

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339
November 14, 1989
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: Senate Bill 10 (LC 10 8157)
As requested, we have made an actuarial investigation of the impact of Senate Bill 10 (LC 10-8157) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would provide that the forfeited leave provision for Old Plan members shall apply to members of the New Plan. The costs of this proposal spread over the total membership of the System would be approximately $1,550,000 in the first year, or about 0.10% of total active payroll. The estimated increase in unfunded actuarial accrued liability would be $3,934,000. As the New Plan membership increases in the future, the cost of this proposal would increase above the current 0.10% figure. The cost of this proposal spread over current New Plan membership only would be about 0.28% of New Plan member payroll.
The following table shows the unfunded actuarial accrued liability and recommended em ployer contributions before and after the proposed amendment. The recommended em-

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ployer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 1,284,565

$ 11,288,499

$ 3,934

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount

%

Amount

Normal

5.88% $ 91,140 5.96% $ 92,380 0.08% $ 1,240

Accrued Liability 5.87

90,985 5.89

91,295 0.02

310

Cost-of-Living

1.35

20,925 1.35

20,925 0.00

0

Sub-total Pick-up

13.10% $ 203,050 13.20% $ 204,600 0.10% $

4.75 $ 73,625 4.75

73,625 0.00

1,550 0

Total

17.85% $ 276,675 17.95% $ 278,225 0.10% $ 1,550

The preceding figures are based on the employee data, actuarial assumptions and actuarial methods used to prepare the June 30, 1988 actuarial valuation of the System, and supple mental employee data supplied by the System, together with an estimated payroll of $1,550,000,000.

Sincerely yours,

/s/ Donald M. Overholser Consulting Actuary

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 Clay Coleman Collins Deal Dean Echols Edge English Poster

Fuller Garner Gillis Harris Howard Huggins Kennedy Kidd Land McKenzie Olms tead Parker Peevy Perry

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

Those voting in the negative were Senators:

Barnes Burton Dawkins

Egan Johnson Newbill

Starr Tysinger

FRIDAY, JANUARY 12, 1990

115

Those not voting were Senators:

Brannon Engram

Fincher Hammill (excused)

Langford

On the passage of the bill, the yeas were 43, nays 8.

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

SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility.

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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 2, 1989

SUBJECT: Senate Bill 28 (LC 7 7141) Peace Officers' Annuity and Benefit Fund

This bill would allow certain Department of Human Resources (DHR) employees to become members of the Peace Officers' Annuity and Benefit Fund. DHR employees respon sible for the investigation and apprehension of delinquent and unruly children (who have escaped from an institution or facility or have broken the conditions of their supervision) and juvenile probation officers and staff of juvenile detention centers (provided as a service to the courts by the DHR) would be eligible to become members of the Fund. If enacted, this bill would become effective July 1, 1990, provided it is determined to have been concur rently funded as provided in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

The Senate Committee on Retirement offered the following substitute to SB 28:

A BILL
To be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Of ficers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken the conditions of their supervision, to

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thereby authorize membership in said fund for juvenile probation officers and staff of juve nile detention centers provided as a service to courts by the Department of Human Re sources, and to thereby authorize membership in said fund for narcotics agents of the Geor gia Bureau of Investigations; to provide that such persons shall be certified as peace officers under the "Georgia Peace Officers Standards and Training Act"; to amend Code Section 353-9 of the Official Code of Georgia Annotated, relating to narcotics agents, so as to delete the prohibition against eligibility in the Peace Officers' Annuity and Benefit Fund; to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children to the Department of Human Resources, so as to delete provisions relating to ineligibility of such employees for membership in the Peace Officers' Annuity and Benefit Fund"; to provide conditions for an effective date and for automatic repeal; 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 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended in Code Section 47-17-1, relating to definitions, by striking the word "and" at the end of subparagraph (G) of paragraph (5), by replacing the period at the end of subparagraph (H) of paragraph (5) with a semicolon and the word "and", and by adding at the end of paragraph (5) a new subparagraph (I) to describe certain persons included within the definition of the term "peace officer" and to read as follows:
"(I) Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the 'Georgia Peace Officers Standards and Training Act':
(i) Persons employed by the Department of Human Resources who have been desig nated by the commissioner of human resources to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their condi tions of supervision;
(ii) Juvenile probation officers and staff of juvenile detention centers provided as a ser vice to courts by the Department of Human Resources pursuant to the authority of para graph (3) of subsection (a) of Code Section 49-5-8; and
(iii) Narcotics agents retained by the director of the Georgia Bureau of Investigation pursuant to the provisions of Code Section 35-3-9."
Section 2. Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, is amended by striking subsection (h) in its entirety and inserting in lieu thereof a new section (h) to read as follows:
"(h) Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service of the State Merit System of Personnel Administration and there fore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board, the State Merit System of Personnel Administration, or any successor boards or agencies; provided, further, that persons retained as narcotics agents shall not be authorized to be members of the Employees' Retirement System of Georgia, as established by Chapter 2 of Title 47."
Section 3. Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children to the Department of Human Resources, is

FRIDAY, JANUARY 12, 1990

117

amended by striking paragraph (2) of subsection (i) and inserting in its place a new para graph to read as follows:
"(2) The commissioner may designate one or more employees of the department to in vestigate and apprehend delinquent and unruly children who have escaped from an institu tion or facility or who have broken the conditions of supervision; provided, however, that employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate and apprehend such children and to arrest any person physically interfering with the proper apprehension of such children. Such employee shall be authorized to carry weap ons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. Any employee designated under this subsection shall be consid ered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter."
Section 4. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum and Actuarial Investigation Report, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 28 (LC 7 7433S) Peace Officers' Annuity and Benefit Fund

This bill would allow certain Department of Human Resources (DHR) employees and Georgia Bureau of Investigation (GBI) employees to become members of the Peace Officers' Annuity and Benefit Fund. DHR employees responsible for the investigation and apprehen sion of delinquent and unruly children (who have escaped from an institution or facility or have broken the conditions of their supervision) and juvenile probation officers and staff of juvenile detention centers (provided as a service to the courts by the DHR) would be eligi ble to become members of the Fund. Narcotics agents retained by the director of the GBI would also be eligible to become members of the Fund. If enacted, this bill would become effective July 1, 1990, provided it is determined to have been concurrently funded as pro vided in the Public Retirement Systems Standards Law.

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

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

from the bill.

$ 163,870

(2) The amount of annual normal cost which will result from the bill. $ 25,445

(3) The employer contribution rate currently in effect.

$ 8,200,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 5,589,989

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$0

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

TPF&C A Towers Perrin Company

November 14, 1989

Mr. G. W. Hogan State Auditor State of Georgia Department of Audits, Room 201 270 Washington Street Atlanta, Georgia 30334

Dear Mr. Hogan:

SENATE BILL 28--LC 7 7433S

As requested, we are writing to you concerning the enclosed legislation. This legislation changes the definition of Peace Officer to include certain employees of the Department of Human Resources.

Based on the results of our actuarial study as of July 1, 1989, the fiscal impact of the legisla tion is summarized below. This legislation provides that certain employees of the Depart
ment of Human Resources and Juvenile Probation Officers are eligible to join the Fund. The results are based on an estimated increase inmembership of 35 individuals.

Actuarial Accrued Liability
Fund Value
Unfunded Actuarial Accrued Liability

Before Legislation

After

Change Due to

Legislation Legislation

$ 110,740,534 $ 110,904,404 100,744,945 100,744,945

9,995,589

10,159,459

$163,870

Normal Cost

2,719,217

2,744,662

25,445

Contribution Required Due to Minimum Funding Standards

5,548,731

5,589,989

41,258

Employer Contribution
Rate (based on actual 7/1/88-7/1/89 employ er contribution)

8,200,000

8,200,000

0

FRIDAY, JANUARY 12, 1990

119

The current annual employer contribution rate of $8,200,000 is more than adequate to meet the minimum funding standards specified by Code Section 47-20-10 which would require an annual contribution of $5,589,989 after changes due to this legislation. No change in em ployer contribution rate would be required in order to meet minimum funding standards or to keep the fund in an actuarially sound condition.
If we can be of further assistance, please feel free to call.
Sincerely,
/s/ Elizabeth J. Scattergood, A.S.A Principal

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 Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Engram Fincher Foster Fuller Garner Gillis 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 Tate Taylor Timmons Turner Tysinger Walker

Not voting were Senators Hammill (excused) and Langford.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 33. By Senators Stumbaugh of the 55th, Taylor of the 12th, Foster of the 50th, Broun of the 46th and Peevy of the 48th:
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 provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.

Senator Stumbaugh of the 55th moved that SB 33 be postponed until Monday, January 22.

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On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 33 was post poned until Monday, January 22.

SB 36. By Senators Stumbaugh of the 55th, Taylor of the 12th, Olmstead of the 26th, Broun of the 46th and Peevy of the 48th:
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 provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.

Senator Stumbaugh of the 55th moved that SB 36 be postponed until Monday, January 22.

On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 36 was post poned until Monday, January 22.

SB 58. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretarytreasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer.

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 3, 1989

SUBJECT: Senate Bill 58 (LC 10 8176) Judges of the Probate Courts Retirement Fund

This bill would increase the retirement benefits of a person serving as secretary-trea surer of the Judges of the Probate Courts Retirement Fund (from five percent of $15,000 to five percent of $20,000) for each year served as secretary-treasurer from January 1, 1991 to the date of retirement. The bill would also increase the maximum total earning limit for any calendar year after 1990 to $20,000 per year (or $1,666.66 per month) from the current $15,000 per year (or $1,250.00 per month). These maximum earning limits are used to calcu late the amount a judge of a probate court must remit to the board of the Fund to obtain credit for prior service. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

FRIDAY, JANUARY 12, 1990

121

The following Memorandum and Actuarial Investigation Report, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 58 (LC 10 8176) Judges of the Probate Courts Retirement Fund

This bill would increase the retirement benefits of a person serving as secretary-trea surer of the Judges of the Probate Courts Retirement Fund (from five percent of $15,000 to five percent of $20,000) for each year served as secretary-treasurer from January 1, 1991 to the date of retirement. The bill would also increase the maximum total earning limit for any calendar year after 1990 to $20,000 per year (or $1,666.66 per month) from the current $15,000 per year (or $1,250.00 per month). These maximum earning limits are used to calcu late the amount a judge of a probate court must remit to the board of the Fund to obtain credit for prior service. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

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

(1) The amount of unfunded actuarial accrued liability

which will result from the bill.

$0

(2) The amount of annual normal cost which will result from

the bill.

$186,800

(3) The employer contribution rate currently in effect.

(20% of marriage license fees & sliding scale of fines and bond forfeitures)

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

(20% of marriage license fees & sliding scale of fines and bond forfeitures)

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

employer contribution which is necessary to maintain the

retirement system in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

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JOURNAL OF THE SENATE

MARTIN E. SEGAL COMPANY

Consultants and Actuaries

Suite 200 1810 Water Place Atlanta, Georgia 30339 (404) 955-4003 FAX (404) 955-8011

Mr. C. D. Lunsford, Director Performance, Medicaid and Local Government Audits Division Department of Audits 270 Washington Street, Room 214 Atlanta, Georgia 30334-8400

November 10, 1989

RE: ACTUARIAL INVESTIGATION OF THE PROBATE JUDGES RETIREMENT FUND ON THE EFFECT OF SB 58 LC 10 8176

Dear Mr. Lunsford:

The following summarizes the results of our actuarial investigation:

There would be no unfunded actuarial accrued liability generated by this bill.

$186,800 of additional normal cost will be created by this bill.

The current employer contribution rate is 20% of marriage license fees plus an amount determined by a scale which is based on the amount of fines and bond forfeitures as shown below:

Amount of fine or forfeiture

Employer Contribution

$ 4 to $25 25 to 50 50 to 100 more than 100

$1.00 1.50 2.00 2.50

Since the actuarial value of assets exceeds 150 percent of the present value of the accumu lated benefits, the minimum funding requirements of Section 47-20-10 do not currently ap ply as stated in Section 47-20-13.

There will be no current need for increased employer contributions to maintain the retire ment fund in an actuarially sound condition.

Included is a copy of the plan's July 1, 1988 actuarial valuation which includes, on page 16, a summary of the effect of the plan change proposed in SB 58.

If you have any questions or comments concerning this investigation, we will be happy to respond.

Sincerely,

/s/ Leon F. Joyner, Jr., A.S.A

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:

FRIDAY, JANUARY 12, 1990

123

Those voting in the affirmative were Senators:

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

English Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins 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 Timmons Turner Tysinger

Those not voting were Senators:

Hammill (excused) Langford

McKenzie

Walker

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

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

SB 71. By Senator Timmons of the llth:
A bill to amend Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to the definition of "average annual compensation"; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relating to the fee system of compensation and reports in connection therewith.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 6, 1989

SUBJECT: Senate Bill (LC 7 7062)--SB 71 Trial Judges and Solicitors Retirement Fund

This bill would change certain provisions relating to the Trial Judges and Solicitors Retirement Fund. The definition of "average annual compensation" would be changed from a five year to a two year average. The basis for employer and employee contributions would be changed to only include salary (fees would no longer be included). The maximum benefit

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would be based on 16 instead of 22 years service, minimum retirement age would be changed from 65 to 60 and the retirement benefit per year of service would be changed from three to four percent of the average annual compensation. If enacted, this bill would become effective July 1, 1990, provided it is determined to have been concurrently funded as pro vided in the Public Retirement Systems Standards Law.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
/s/ G. W. Hogan State Auditor
The Senate Committee on Retirement offered the following substitute to SB 71:
A BILL
To be entitled an Act to amend Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to the definition of "average annual compensation"; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relating to the fee system of compensation and reports in connection therewith; to change the provisions relating to re tirement and disability benefits; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," is amended by striking paragraph (1) of Code Section 47-10-3, relating to defini tions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Average annual compensation' means the average annual compensation of a mem ber during the two consecutive years of creditable service producing the highest such aver age, except that any increase in compensation during such two-year period which exceeds an annual increase in compensation of 5 percent shall not be counted in determining average annual compensation."
Section 2. Said chapter is further amended by striking Code Section 47-10-60, relating to the basis for employee and employer contributions to the fund, in its entirety and substi tuting in lieu thereof a new Code Section 47-10-60 to read as follows:
"47-10-60. The basis for employer and employee contributions to the fund with respect to a judge or solicitor of an inferior court shall be the actual salary received as such judge or solicitor."
Section 3. Said chapter is further amended by repealing Code Section 47-10-61, which reads as follows:
"47-10-61. (a) Each member who is a solicitor of an inferior court and who is on a fee system shall submit a report by the fifth day of each calendar month, setting forth the fees received for the previous calendar month and at the time the report is submitted shall also pay, as his employee contribution to the fund, an amount equal to 7 1A percent of the fees received, as detailed in the report. Such contributions shall be paid and the report shall be submitted to a person to be designated by the governing authority of the governmental unit which pays the costs of operation of such court. It shall be the duty of each solicitor of an inferior court who is on a fee system to submit the report and pay the employee contribu tions set forth in this subsection. The board is authorized to promulgate any rules and regu lations, including rules and regulations providing for cancellation of membership in the fund, that might be necessary or desirable to ensure compliance with this subsection.
(b) The persons designated by the governing authorities to receive the reports and em ployee contributions set forth in subsection (a) of this Code section shall forward such re ports and contributions to the board by not later than the fifteenth day of the calendar

FRIDAY, JANUARY 12, 1990

125

month in which they were received. A duplicate copy of such reports, certified as true and correct by such persons so designated, shall be forwarded to the Fiscal Division of the De partment of Administrative Services at the same time in order for it to determine and pay the employer contributions set forth in subsection (c) of this Code section.
(c) From funds appropriated or otherwise available for the operation of superior courts, the Fiscal Division of the Department of Administrative Services is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contribu tions for judges and solicitors of the inferior courts, including contributions to fund any creditable service authorized by this chapter. Such amount is to be determined by the Fiscal Division of the Department of Administrative Services on the basis of the duplicate reports submitted to it under subsection (b) of this Code section and, together with employee con tributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for under this chapter.",
in its entirety and inserting in lieu of said repealed Code section the following:
"47-10-61. Reserved."
Section 4. Said chapter is further amended by striking subsections (b) and (c) of Code Section 47-10-100, relating to retirement benefits, in their entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The maximum retirement benefits under this chapter shall be based on 16 years of creditable service and attainment of the age of 60. After completing such years of service and upon attaining age 60, a member shall be entitled to retire and receive a monthly retire ment benefit. Such monthly retirement benefit shall be an equal monthly installment of an annual retirement benefit computed on the basis of 4 percent of the member's average an nual compensation multiplied by the member's total number of years of creditable service, not to exceed 16 years.
(c) After obtaining 16 years of creditable service, a member shall continue to make the employee contributions required by this chapter, but the maximum retirement benefit shall be based on 16 years of creditable service. If a member continues in service after obtaining 16 years of creditable service, the member's average annual compensation shall be computed on the basis of increases in compensation received after obtaining such 16 years of credita ble service, subject to the requirements and limitations of paragraph (1) of Code Section 4710-3."
Section 5. Said chapter is further amended by striking subsection (a) and (b) of Code Section 47-10-103, relating to disability benefits, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) After obtaining a minimum of ten years of creditable service, any member, regard less of his age, who becomes totally and permanently disabled to the extent of being unable to perform the duties of the member's office shall be entitled to receive a disability retire ment benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (b) of Code Section 47-10-100, ex cept that such disabled member shall in any case be entitled to receive a minimum disabil ity retirement benefit which shall be equal to 50 percent of the maximum retirement benefit provided by subsection (b) of Code Section 47-10-100 after 16 years of creditable service.
(b) After obtaining a minimum of four years of creditable service, any member, regard less of age, who becomes totally and permanently disabled to the extent of being unable to perform the duties of the member's office as a result of an act of external violence incurred in or as a result of the performance of the member's official duties shall be entitled to re ceive a disability retirement benefit. The monthly disability retirement benefit shall be cal culated in the same manner as a service retirement benefit under subsection (b) of Code Section 47-10-100, except that such disabled member shall in any case be entitled to receive a minimum disability retirement benefit which shall be equal to 50 percent of the maximum retirement benefit provided by subsection (b) of Code Section 47-10-100 after 16 years of creditable service."

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Section 6. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum and Actuarial investigation Report, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 71 (LC 7 7436S) Trial Judges and Solicitors Retirement Fund

This bill would change certain provisions relating to the Trial Judges and Solicitors Retirement Fund. The definition of "average annual compensation" would be changed from the last five years to a two year average (with a maximum annual increase of 5%). The basis for employer and no longer be included). The maximum benefit would be based on 16 in stead of 22 years service, minimum retirement age would be changed from 65 to 60 and the retirement benefit per year of service would be changed from three to four percent of the average annual compensation. If enacted, this bill would become effective July 1, 1990, pro vided it is determined to have been concurrently funded is provided in the Public Retire ment Systems Standards Law.

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

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

from the bill.

1,053,300

(2) The amount of annual normal cost which will result from the bill. $ 229,500

(3) The employer contribution rate currently in effect.

9.03%

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

17.98%

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

$

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

299,400

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

FRIDAY, JANUARY 12, 1990

127

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339

November 20, 1989

Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334

Dear Mr. Hogan:

Re: Senate Bill 71 (LC 7 7436S)

As requested, we have made an actuarial investigation of the impact of Senate Bill 71 (LC 7 7436S) on the Georgia Trial Judges and Solicitors Retirement Fund in accordance with the requirements of Code Section 47-20-36.

This Bill would change the definition of "average annual compensation" to mean "two (in stead of five) consecutive years of creditable service producing the highest such average" with a maximum annual increase of 5% during the period, change the basis for employee and employer contributions to actual salary, repeal a provision relating to the fee system of compensation, change the basis for maximum retirement and disability retirement to 16 years of creditable service (instead of 22 years) and the attainment of age 60 (instead of age 65) times 4% of compensation (instead of 3%). This Bill would also provide that with the attainment of 16 years a members shall continue to make contributions and the average annual compensation at retirement will be based on the increases after attainment of 16 years. The costs of this proposal would be approximately $299,400 in the first year, or about 8.95% of active payroll. The increase in unfunded actuarial accrued liability would be $1,053,300.

The following table shows the unfunded actuarial accrued liability and recommended em ployer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded (Surplus) Actuarial Accrued Liability

$ (2,696.5)

$ (1,643.2)

$ 1,053.3

Annual Contribution

Normal Accrued Liability

%
9.03% 0.00

Annual Amount
$ 302.0 0.0

Annual

%

Amount

15.89% $ 2.09

531.5 69.9

Annual

%

Amount

6.86% $ 2.09

229.5 69.9

Total

9.03% $ 302.0 17.98% $ 601.4 8.95% $ 299.4

The preceding figures are based on the employee data, actuarial assumptions and actuarial methods used to prepare the June 30, 1987 actuarial valuation of the Fund, together with an estimated payroll of $3,344,778.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

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On the adoption of the substitute, the yeas were 42, 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 Echols Edge Egan

English Engrain Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy

Those not voting were Senators:

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

Hammill (excused)

Langford

McKenzie

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

SB 72. By Senator Timmons of the llth:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other posi tions or offices; to change the provisions relating to retirement and disability benefits.

FRIDAY, JANUARY 12, 1990

129

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons

State Senator

FROM:

G. W. Hogan, State Auditor

Date:

January 11, 1989

SUBJECT: Senate Bill 72 (LC 7 7133) District Attorneys' Retirement System

This Bill would revise the definition of "average annual compensation" to be based on the compensation of a member of the District Attorneys' Retirement System during the two consecutive years of creditable service producing the highest such average. The Bill would increase the percentage (multiplied by the average annual compensation) used to determine a member's annual retirement benefit from three to four percent. The years of creditable service (as used in the calculation of the maximum retirement benefit and the minimum disability retirement benefit) would be reduced from 22 to 16 years. The Bill would also allow members to retain membership in the retirement system while holding certain other positions or offices not covered by the system. If enacted, this Bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as defined in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

The Senate Committee on Retirement offered the following substitute to SB 72:

A BILL
To be entitled an Act to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retire ment system may retain membership while holding certain other positions or offices; to change the provisions relating to retirement and disability benefits; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for auto matic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "Dis trict Attorneys' Retirement Act," is amended by striking paragraph (3) of Code Section 4713-2, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Average annual compensation' means the average annual compensation of a mem ber during the two consecutive years of creditable service producing the highest such aver age, except that any increase in compensation during such two year period which exceeds an annual increase in compensation of 5 percent shall not be counted in determining average annual compensation.

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Section 2. Said chapter is further amended by adding immediately following Code Sec tion 47-13-40 a new Code Section 47-13-40.1 to read as follows:
"47-13-40.1. The provisions of this or any other law to the contrary notwithstanding, any member of the retirement system who, without any break in service, accepts an ap pointment or is elected to any position or office in the state government covered by Chapter 2 of this title, the Employees' Retirement System of Georgia, or Chapter 9 of this title, the Superior Court Judges Retirement System, shall have the right to decline membership in either such retirement system and remain a member of the retirement system provided for in this chapter while holding such other position or office. The right granted by this Code section must be exercised within 30 days after taking such other position or office and shall be exercised by sending written notification to the board of trustees of this retirement sys tem and the board of trustees of the other retirement system. The basis for employee contri butions to the retirement system for a person who remains a member of the retirement system as authorized by this Code section shall be the state salary paid to the person in the position or office held by the person. The employer contributions for any such member shall be determined and paid as provided in Code Section 47-13-50."
Section 3. Said chapter is further amended by striking subsections (a) and (b) of Code Section 47-13-70, relating to retirement benefits, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a retirement benefit. The retire ment benefit shall be paid in equal monthly installments of an annual retirement benefit computed on the basis of 4 percent of the member's average annual compensation multi plied by the member's total number of years of creditable service, not to exceed 16 years. After obtaining at least ten years of creditable service, a member may cease to hold office as a district attorney prior to reaching age 60 and may begin receiving the monthly retirement benefit upon reaching age 60, if the member's contributions to the fund are not withdrawn.
(b) After obtaining 16 years of creditable service, a member who continues in service shall continue to make employee contributions to the fund, but the maximum retirement benefit shall be based on 16 years of creditable service. In the event a member continues in service after obtaining 16 years of creditable service, the member's 'average annual compen sation' for purposes of computing the member's retirement benefit shall be computed as provided in paragraph (3) of Code Section 47-13-2."
Section 4. Said chapter is further amended by striking subsections (a) and (b) of Code Section 47-13-71, relating to disability benefits, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) After obtaining a minimum of ten years of creditable service, any member, regard less of his age, who becomes totally and permanently disabled to the extent of being unable to perform the duties of the member's office shall be entitled to receive a disability retire ment benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (a) of Code Section 47-13-70, ex cept that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided for by subsection (a) of Code Section 47-13-70 after 16 years of creditable service.
(b) After obtaining a minimum of four years of creditable service, any member, regard less of age, who becomes totally and permanently disabled as a result of an act of external violence incurred in or as a result of the performance of the member's official duties, to the extent of being unable to perform the duties of the member's office, shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (a) of Code Section 47-13-70, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement

FRIDAY, JANUARY 12, 1990

131

benefit provided for by subsection (a) of Code Section 47-13-70 after 16 years of creditable service."
Section 5. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum and Actuarial Investigation Report, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 72 (LC 7 7437S) District Attorneys' Retirement System

This bill would change certain provisions relating to the District Attorneys' Retirement System. The definition of "average annual compensation" would be revised to mean the average annual compensation of a member during the two consecutive years of creditable service producing the highest such average (with a maximum annual increase of 5%). The bill would also increase the percentage (multiplied by the average annual compensation) used to determine a member's annual retirement benefit from three to four percent. The years of creditable service (as used in the calculation of the maximum retirement benefit and the minimum disability retirement benefit) would be reduced from 22 to 16 years. The bill would also allow members to retain membership in the retirement system while holding certain other positions or offices not covered by the system. If enacted, this bill would be come effective July 1, 1990, provided it is determined that it has been concurrently funded as defined in the Public Retirement Systems Standards Law.

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

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

from the bill.

$0

(2) The amount of annual normal cost which will result from the bill. $ 103,043

(3) The employer contribution rate currently in effect.

5.0%

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

5.44%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ > ; ,1*59

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JOURNAL OF THE SENATE

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

The Wyatt Company Suite 432 4170 Ashford Dunwoody Road, N.E. Atlanta, Georgia 30319
(404) 252-4030
November 30, 1989
Mr. G. W. Hogan, State Auditor Room 214 270 Washington Street Atlanta, Georgia 30334
Re: District Attorneys Retirement System--SB 72, LC 7 7437S
Dear Mr. Hogan:
We have performed an actuarial investigation of SB 72 (LC 7 7437S) under the provisions of Georgia Code Section 47-20-36 and make the following comments with regard to this bill:
1. The normal cost as of June 30, 1990 which would have resulted if this bill had been in effect on July 1, 1989 is $146,612 as compared with the current normal cost of $43,569, for an increase of $103,043.
2. It is our understanding that the employer contribution rate currently in effect for this plan is 5.9% of payroll.
3. If this bill had been in effect, the recommended employer contribution rate would be $146,612 (5.44% of payroll), which is an increase of $103,043 above current requirements.
4. The above recommended rate represents an increase in the current rate of con tribution being made from 5.0% of payroll to 5.44% of payroll ($11,959).
The actuarial funding method used to value this plan is one which does not generate an unfunded actuarial accrued liability. Therefore, this bill would not generate one or increase the existing amount.
Because the bill does increase the normal cost of the plan, this bill is a fiscal retirement bill.
Sincerely,
/s/ James C. Lastinger, A.S.A. Actuary

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 Brannon Broun

Burton Clay Coleman Collins

FRIDAY, JANUARY 12, 1990

133

Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Garner Gillis

Harris Muggins 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 Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Hammill (excused) Howard

Johnson Kennedy (presiding)

Langford

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

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

SB 76. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge.

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 Albert Scott

State Senator

FROM

G. W. Hogan, State Auditor

DATE:

October 13, 1988

SUBJECT: Senate Bill 76 (LC 7-7057) Superior Court Judges Retirement System

This Bill would allow a Superior Court Judge whose term ended December 31, 1988 (who had less than 10 years of creditable service and who was 75 years of age or older) to continue to serve as a superior court judge and retain membership in the Superior Court Judges Retirement System if reelected. Such a judge could continue to serve and earn cred itable service until obtaining the 10 years required to vest in the retirement system or until completing the term of office to which the judge was elected in 1988.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. The attached copy of the retirement system's current provisions

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JOURNAL OF THE SENATE

show that without the proposed change a judge continuing to serve would forfeit any retire ment or disability benefits; therefore, this Bill would result in a benefit increase.
Is,/ G. W. Hogan State Auditor

The following Memorandum and Actuarial Investigation Report, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 76 (LC 7 7057) Superior Court Judges Retirement System

This bill would allow a superior court judge whose term ended December 31, 1988 (who had less than 10 years of creditable service and who was 75 years of age or older) to continue to serve as a superior court judge and retain membership in the Superior Court Judges Retirement System if reelected. Such a judge could continue to serve and earn creditable service until obtaining the 10 years required to vest in the retirement system or until com pleting the term of office to which the judge was elected in 1988. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

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

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

from the bill.

$0

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

(3) The employer contribution rate currently in effect.

17.0%

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

10.4%

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

contribution which is necessary to maintain the retirement system in

an actuarially sound condition.

$0

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

FRIDAY, JANUARY 12, 1990

135

The Wyatt Company Suite 432 4170 Ashford Dunwoody Road, N.E. Atlanta, Georgia 30319 (404) 252-4030
November 30, 1989
Mr. G. W. Hogan State Auditor Room 214 270 Washington Street Atlanta, Georgia 30334
RE: Superior Court Judges Retirement System--SB 76, LC 7 7057
Dear Mr. Hogan:
We have performed an actuarial investigation of SB 76 (LC 7 7057) under the provisions of Georgia Code Section 47-20-36. As a result, we found that the actuarial impact was negligi ble based on the age and service of the person affected by this bill and make the following comments with regard to this bill:
1. The normal costs as of June 30, 1990 which would have resulted if this bill had been in effect on July 1,1989 would have increased a negligible amount over the current normal cost of $963,496.
2. It is our understanding that the employer contribution rate currently in effect for this plan is 17.0% of payroll.
3. If this bill had been in effect, the recommended employer contribution rate would be a negligible increase above the current requirements of $963,496 (10.4% of payroll).
4. The above recommended rate does not represent an increase in the current rate of contribution being made.
The actuarial funding method used to value this plan is one which does not generate an unfunded actuarial accrued liability. Therefore, this bill would not generate one or increase the existing amount.
Because the bill does increase the normal cost of the plan (although a negligible amount), this bill is a fiscal retirement bill.
Sincerely,
M James C. Lastinger, A.S.A. Actuary

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 Egan English Engram Fincher Foster Fuller Garner

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JOURNAL OF THE SENATE

Gillis Harris Howard Huggins Kidd Land 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

Those not voting were Senators:

Hammill (excused) Johnson

Kennedy (presiding) Langford

Olmstead

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

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

SB 418. By Senator Peevy of the 48th:
A bill to amend Code Section 9-11-55 of the Official Code of Georgia Annotated, relating to default judgment, so as to change certain provisions regarding certain actions in which the plaintiff shall be required to introduce evidence and estab lish the amount of damages.

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

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

Those not voting were Senators:

Hammill (excused) Kennedy presiding)

Langford McKenzie

Olmstead

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

FRIDAY, JANUARY 12, 1990

137

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

Senator Burton of the 5th introduced the doctor of the day, Dr. J.R.B. Hutchinson, of Tucker, Georgia.

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

SB 419. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-60 of the Official Code of Georgia Annotated, relating to definitions regarding wiretapping, so as to provide that a "device" shall not include a pen register or dialed number recorder used by any law en forcement officer in the performance of his official duties.

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

Egan English Engram Fincher Foster Fuller Gillis Harris Howard Huggins Johnson 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 Taylor Timmons Turner Walker

Those not voting were Senators:

Garner Hammill (excused)

Kennedy (presiding) Langford

Tysinger

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

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

SB 421. By Senator Peevy of the 48th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that in all felony cases in which the maximum prison sentence imposed is ten years or less, in other felony cases where the maximum sentence is greater than ten years, except capital felo nies, and in which defendants have been bound over to the superior court, are confined in jail, or released on bond the district attorney shall have the authority to prefer accusations.

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JOURNAL OF THE SENATE

Senator Taylor of the 12th moved that SB 421 be committed to the Senate Committee on Special Judiciary.

On the motion, the yeas were 26, nays 16; the motion prevailed, and SB 421 was com mitted to the Senate Committee on Special Judiciary.

SB 423. By Senator Peevy of the 48th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that if the results of a blood test indicate that the likelihood of an alleged father's paternity is 95 percent or greater, upon mo tion of the petitioner, the court shall order the alleged father to pay temporary child support in accordance with the provisions of Code Section 19-6-15; to pro vide that such child support shall be held pending a final adjudication of the issue of paternity.

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
BCluaryton
CCoollleimnsan Dawkins Deal Dean Echols Edge Egan

English Engram Fincher Foster Fuller Garner
HHSuoagwrngasirnds,
JKoihdndson Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of loth Ragan of 32nd
Scott of 2nd S0S,hcoutmt aok,fe36th
S,, tumb, augh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Hammill (excused)

Kennedy (presiding)

Langford

On the passage of the bill, the yeas were 53, nays 0.

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

SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of cer tain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.

FRIDAY, JANUARY 12, 1990

139

The Senate Committee on Insurance offered the following amendment:

Amend SB 433 by adding on line 16 of page 1 between the word "commercial" and the word "driving" the following:
"or noncommercial".

On the adoption of the amendment, the yeas were 44, nays 2, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen
!? rannon ^BClruaoryTMton Coleman Collins
Dawkins Deal Dean Echols Edge

English Engrain Foster Fuller Garner Gillis
g 81 "^ 2HJouhgWngsam-ons Kidd Land
McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd jav
Scott of 2nd Sf.-,c, outmt aok,fe36th tarr Stumbaugh
Tate Taylor Turner Tysinger Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Fincher Hammill (excused)

Kennedy (presiding) Langford

Timmons

On the passage of the bill, the yeas were 50, nays 1.

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

The following communications were read by the Secretary:

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable Johnny Gresham, Cobb County, has been elected, pur suant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Seventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1990, and expiring April 15, 1995.

140

JOURNAL OF THE SENATE

This 12th day of January, 1990.

/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta

TO:

Honorable Max Cleland

Secretary of State

This is to certify that Honorable James L. Conner, Jeff Davis County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Eighth Congressional Dis trict for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1990, and expiring April 15, 1995.

This 12th day of January, 1990.

/s/ Zell Miller President of the Senate

/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta
The following communication from Honorable Max Cleland, Secretary of State, were received and read by the Secretary:

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
January 12, 1990 The Honorable Hamilton McWhorter 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 1990 Regular Session as of 3:00 p.m. on January 12, 1990. The list is numbered 561 through 811.
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

FRIDAY, JANUARY 12, 1990

141

attached list contains the names and addresses of persons numbered 561 through 811, who have registered in the Docket of Legislative Appearance as of January 12, 1990, 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 12th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteen.

(SEAL)

/s/ Max Cleland SECRETARY OF STATE

561. Rick Heartsill 2389 W. Paces Ferry Rd. Atlanta, Georgia 30339 (404)438-7770 Chambers Development Company, Inc.
562. Paul A. Fergus 4351 Old Georgetown Tr. Dunwoody, Georgia 30338 (404)396-6377 Citizen
563. Mark A. Woodall P. 0. Box 123 Woodland, Georgia 31836 (404)846-2281 Citizens For A Safer Georgia
564. Marie J. McGiaun Box 238 Butler, Georgia 31006 Citizens For A Safer Georgia
565. Sharon White, 114 Valley Dr. Griffin, Georgia 30223 (404)227-4219 Citizens For A Safer Georgia
566. Louis Governo Route 1, Box 273 Williamson, Georgia 30292 (404)567-3828 Citizens For A Safer Georgia
567. John R. McCall Box 1408 Butler, Georgia 31006 (912)867-5360 Citizens For A Safer Georgia
568. Teresa L. Jacob P. 0. Box 1607 Griffin, Georgia 30224 (404)567-3550 Citizens For A Safer Georgia

569. Brenda Easterwood Poston P. 0. Box 129 Cook Rd. Zebulon, Ga 30295 (404)567-8063 Citizens For A Safer Georgia
570. Bill H. Poston P. 0. Box 129 Cook Rd. Zebulon, Georgia 30295 (404)567-8063 Citizens For A Safer Georgia
571. Fred Sackett Rt. 1, Box 243A Butler, Georgia 31006 (404)862-5120 Citizens For A Safer Georgia
572. Carla Gibson, P.O. Box 390, Hwy. 19 Zebulon, Georgia 30295 (404)567-8800 Citizens For A Safer Georgia
573. Ben H. Parkam Talbot County Rt. 2, Box 103 Talbotton, Georgia 31827 (404)665-3256 Citizens For A Safer Georgia
574. Leslie Kennedy 389 Woodward Way Atlanta, Georgia 30305 (404)355-0037 Citizens For A Safer Georgia

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JOURNAL OF THE SENATE

575. D. F. Dunning 100 Evco Drive Calhoun, Georgia 30730 (404)625-2300 Georgians For Clean Water, Inc. Innovations Plastic Products, Inc. Evco Plastics, Inc. Georgians For A Lottery Referendum, Inc.
576. Lawana Steen Rt. 1, Box 1280 Gordon, Georgia 31031 (912)746-1759 Citizen
577. Shirley Anderson 4001 Hwy. 41 Lot 34 Byron, Ga 31008 (912)953-5691 Citizen
578. Teri King 420 S. Jefferson St. Milledgeville, Georgia 31061 (912)452-0895 Citizen
579. R. H. Williams P. 0. Box 150 Jacksonville, Florida 32201 (904)798-5633 Jefferson Smurfit Corp. Container Corp. Of America
580. Patricia J. Marsh 2045 Howard Circle Atlanta, Georgia 30307 (404)373-8982 Georgia National Organization Of Women Citizen
581. Penn Payne 510 Grant Bldg., 44 Broad St. Atlanta, Georgia 30303 (404)588-0891 National Organization For Women Georgia Abortion Rights Action League

582. Suzanne Lauer P. O. Box 54045 Civic Center Station Atlanta, Georgia 30308 (404)523-1227 Georgia National Organization For Women National Foundation For Ileitis & Colitis, Atlanta Chapter
583. Cindy Cresap 826 Sherwood Rd. Gainesville, Georgia 30501 (404)536-6578 North East Georgians For Choice
584. Leigh Bielenberg 235 E. Ponce De Leon Ave. Suite 303 Decatur, Georgia 30030 (404)377-2181 Georgia Abortion Rights Action League
585. Nancy H. Levine 791 Miami Circle NE Atlanta, Georgia 30324 (404)262-7199 National Council Of Jewish Women Family/Medical Leave Coalition
586. Betty J. Grant 2698 Foster Ridge Road Atlanta, Georgia 30345 (404)636-0695 Georgia National Organization For Women
587. Robin Sica 2062 North Decatur Road Decatur, Georgia 30030 (404)634-3476 National Organization Of Women
588. Hilary L. Chiz 233 Mitchell Street, S.W., Suite 200 Atlanta, Georgia 30303 (404)523-6201 American Civil Liberties Union Of Georgia
589. Lynne Randall 580 14th St. N.W. Atlanta, Georgia 30318 (404)874-7551 Georgians For Choice Feminist Women's Health Center

FRIDAY, JANUARY 12, 1990

143

590. Aubrey T. Villines, Jr. Suite 520-South Tower, One CNN Center Atlanta, Georgia 30303-2705 (404)525-7620 Georgia Chiropractic Association, Inc. Chiropractic Political Action Committee Georgia Trial Lawyers Association, Inc. Law Political Action Committee Georgia Association For Marriage And Family Therapy Georgia Chapter Of National Assn Of Social Workers Georgia Personnel And Guidance Assn Private Rehabilitation Suppliers Of Georgia Georgia Vocational Evaluation And Work Adjustment Assn

594. Berdie R. Harden 250 Georgia Avenue, #363 Atlanta, Georgia 30312 (404)523-0896 Georgia Housing Coalition, Inc.
595. Sheila Mallon P. 0. Box 421725 Norcross, Georgia 30092 (404)416-0105 Citizen Georgians For Common Sense About Abortion
596. C. Pidge Haynes 488 Martin Rd. Stone Mtn., Georgia 30088 (404)879-8767 Citizen Georgia Right To Life

591. Julian Hester 300 Northcreek Suite 850 3715 Northside Pkwy NW Atlanta, Georgia 30327 (404)261-_8853 Community Bankers Association Of Georgia
592. Frances B. Parham 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303 (404)522-8683 League of Women Voters Of Georgia, Inc.
593. Joseph A. Sports, JSA Inc. 21 Finch Trail Atlanta, Georgia 30308 (404)873-3728 Car/Truck Rental & Leasing Asso. Searle TRW, Inc. Georgians For Responsible Medicine Interactive Learning Systems Joseph E. Seagram & Sons, Inc. Nutrasweet Company, The Pearle Health Services National Vehicle Leasing Assn. Smokeless Tobacco Council, Inc. AFF Chemical Division, Inc. Association Of Physical Fitness Centers Monsanto Company United Consumers Club

597. Brenda H. Lunsford 2844 Talisman Ct. Atlanta, Georgia 30345 (404)939-4553 Citizen Georgia Right To Life
598. Steve Weathers 5275 Light Circle Norcross, Georgia 30071-4139 (404)449-3431 Citizen
599. Connie L. Buckles 5734 Fulton Circle Norcross, Georgia 30093 (404)923-6868 Citizen Georgia Right To Life
600. D. Keith Worsham 3464 Broxton Lane Lithonia, Georgia 30058 (404)979-3120 Citizen Georgia Right To Life
601. Talitha (Lee) Worsham 3464 Broxton Lane Lithonia, Georgia 30058 (404)979-3120 Citizen Georgia Right To Life

144

JOURNAL OF THE SENATE

602. John T. Haynes Mt. Vernon Baptist Church 805 Mt. Vernon Hwy NE Atlanta, Georgia 30088 (404)255-3133 Citizen Georgia Right To Life
603. William G. Sanders 500 Sugar Mill Road #240 A Atlanta, Georgia 30350 (404)993-2200 Georgia Association Of Broadcasters, Inc.
604. John Furman 1400 Lake Hearn Drive Atlanta, Georgia 30319 (404)843-5235 Georgia Association Of Broadcasters, Inc.
605. Patti Lockhart 18 Deer Run Drive White, Georgia 30184 (404)382-7768 Citizen Georgia Right To Life
606. Betty Schulte 2644 Lake Road Tucker, Georgia 30084 (404)881-1311 Citizen Georgia Right To Life Common Sense Citizen's Concern
607. Mrs. Jo Wood 3635 Winbrook Lane Tucker, Georgia 30084 (404)938-1636 Citizen Georgia Right To Life Common Sense
608. C. John Roe 895 Cedar Canyon Square Marietta, Georgia 30067 (404)951-1482 American Association Of Retired People

609. Lithangia S. Robinson 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318 (404)691-8720 Georgia Retired Teachers Association American Association Of Retired Persons (AARP)
610. Robert Casey Cravens 1100 Spring Street Atlanta, Georgia 30367 (404)872-1992 Democratic Party Of Georgia
611. Ave Bransford 6100 Lake Forrest Drive Suite 210 Atlanta, Georgia 30328 (404)255-1788 Georgia Dietetic Association
612. T. Clack Tucker 496 Chateaugay Ln., N.E. Atlanta, Georgia 30342 (404)255-6633 American Association Of Retired Persons
613. Charles Newell Carter, Jr., 1100 Spring Street Atlanta, Georgia 30367 (404)872-1992 Democratic Party Of Georgia
614. Cecil S. Nash 2149 New London Place Snellville, Georgia 30278 (404)972-6142 American Association Of Retired Persons (AARP)
615. Todd Mitchell Krohn 100 Edgewood Ave., N.E., Room 128 Atlanta, Georgia 30303 (404)527-7650 Metropolitan Atlanta Crime Commission
616. Roy Hanson 100 Edgewood Ave., RM 128 Atlanta, Georgia 30303 (404)527-7650 Metropolitan Atlanta Crime Commission
617. David Tidmore P. 0. Box 732 Summerville, Georgia 30747 (404)874-6094 Georgia County Welfare Association

FRIDAY, JANUARY 12, 1990

145

618. Michelle E. Rowe 2126 Rainbow Dr. Decatur, Georgia 30034 (404)289-2300 Citizen
619. Gil C. Robison P. 0. Box 7032 Atlanta, Georgia 30357 (404)662-9274 Aid Atlanta Georgia Aids Coalition American Civil Liberties Union Of Georgia Georgia Association Of Physicians For Human Rights Greater Atlanta Political Awareness Coalition National Association Of People With Aids Georgia Aids Action Council
620. Jimmy Fleming P. 0. Box 80730 Atlanta, Georgia 30336 (404)454-3622 Vulcan Materials Company
621. Thelma C. Snider 1573 S. Indian Cr Dr. Stone Mountain, Georgia 30083 (404)288-5894 League of Women Voters--Georgia League of Women Voters--DeKalb Co.
622. Ray Jones 400 Perimeter Center Terr., N.E. Suite 400 Atlanta, Georgia 30346 (404)668-6239 MCI Telecommunications Corporation
623. Fatima Durrani 5185 Rockborough Tr. Norcross, Georgia 30071 (404)448-9706 Georgia League Of Women Voters

625. D. C. "Landy" Thompson P. O. Box 1077 Macon, Georgia 31202 (912)746-7694 United Distributors, Inc. Unistan Inc
626. Hugh Esco 429 Moreland Ave, NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project--3RCS Campaign
627. Kathy Kuzava 3200 Highlands Pkwy, Ste 210 Smyrna, Georgia 30082 (404)438-7744 Georgia Grocers Association
628. Suzanne Williams 1005 Virginia Ave, Ste 207 Atlanta, Georgia 30354 (404)763-2453 Home Builders Association Of Georgia
629. Edmund C. Martin RFD 2 Box 242 Gainesville, Georgia 30506 (404)887-7941 Georgia School Food Service Association Georgia Association Of School Superintendents
630. James Welsh 786 Cleveland Avenue Atlanta, Georgia 30315 (404)766-2255 Fulton County Board of Education
631. Henry G. Irby Post Office Box 206 Sharpsburg, Georgia 30277 (404)527-2811 "Go Ye" For Christ Ministries Cable News Magazine

624. Sara S. Clark 230 Dapplegate Way Alpharetta, Georgia 30201 (404)368-8114 Georgia League Of Women Voters

632. Jerry Hill 6 Executive Park Atlanta, Georgia 30329 (404)634-2065 Amoco Corporation

146

JOURNAL OF THE SENATE

633. Robert L. Lowe, Jr., 1134 Morningside Place, N.E. Atlanta, Georgia 30306 (404)892-0990 Hundred Club Of Georgia, Inc., The Georgia Association Of Professional Bondsmen
634. Lonnie Sundermeyer 3372 Comnemara Trace Lawrenceville, Georgia 30244 (404)923-8101 League Of Women Voters Georgia
635. Lula M. Gilliam P. O. Box 91715 Atlanta, Georgia 30364 (404)522-4971 Community Justice Resource Center
636. Rita Jackson Samuels 136 Marietta St., N.W. Atlanta, Georgia 30308 (404)584-9605 Georgia Coalition Of Black Women, Inc. Atlanta Housing Authority (AHA)
637. Lawrence H. Mink Macon City Hall Macon, Georgia 31298 (912)746-7170 City Of Macon
638. Joe Sheehan 1640 Powers Ferry Rd. Marietta, Georgia 30067 (404)984-0505 Southern Natural Gas Sonat Georgia Association Of Telemessaging
639. R. Mark Holloway 305 Coliseum Drive Macon, Georgia 31298 (912)741-8012 Greater Macon Chamber Of Commerce
640. Charlotte Roy 3951 Snapfinger Pkwy Decatur, Georgia 30035 (404)289-5867 Georgia Association Of Educators
641. Robert S. Cribbs 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association Of Educators

642. Michael E. Kramer 3951 Snapfinger Pkwy Decatur, GA 30035(404)289-5867 Georgia Association Of Educators
643. Fred Phillip Metros 1050 Greendale Lane Jonesboro, Georgia 30236 (404)477-7005 Georgia Sport Shooting Association Citizen
644. John M. Dobrenic P. 0. Box 2376 St. Simons Island, Georgia 31522 (912)638-4993 Georgia Association Of Educators
645. Andrew Henry Griffin, Jr., 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association Of Educators (GAE)
646. Luvenia Jackson 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association Of Educators (GAE)
647. J. David Porter 511 Susan Creek Drive Stone Mountain, Georgia 30083 (404)394-4414 Young Democrats Of Georgia Young Democrats Of America
648. Priscilla E. Daves 938 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)876-7535 Medical Association Of Georgia
649. Cynthia L. Haney 938 Peachtree St., N.E. Atlanta, Georgia 30309 (404)876-7535 Medical Association Of Georgia Georgia Health Network Mag Mutual Insurance Company

FRIDAY, JANUARY 12, 1990

147

650. John A. Blackmon 2400 First Atlanta Tower Atlanta, Georgia 30383 (404)656-1800 Callaway Gardens Parley Industries And Affiliates Citicorp And Its Affiliates Georgia Hospitality And Travel Association Atlanta Convention And Visitors Bureau Georgia Automobile Dealers Association
651. Vicki McLennan 201 Washington Street Atlanta, Georgia 30303 (404)588-9868 Public Assistance Coalition
652. Earl Shinhoster 970 Martin Luther King Jr. Dr. Atlanta, Ga 30314 (404)688-8868 NAACP
653. Duvall D. Brimer 100 Galleria Parkway NW Atlanta, Georgia 30339 (404)951-7212 The Atlanta Coca-Cola Bottling Co.
654. Bob Short 1456 Stratfield Circle Atlanta, Georgia 30319 (404)261-7016 Federation Of Georgia Hospitals Hospital Corporation Of America Bob Short And Associates Coliseum Medical Centers Doctors' Hospital Tucker Fairview Park Hospital Hughston Sports Medicine Hospital HCA Palmyra Medical Centers Parkway Medical Center Redmond Park Hospital West Paces Ferry Hospital Doctors' Hospital Columbus Lanier Park Hospital Worth Community Hospital Emanuel County Hospital Habersham County Medical Center

Higgins General Hospital Memorial Medical Center, Inc. Peach County Hospital Tanner Medical Center Upson County Hospital Wayne Memorial Hospital Georgia Dental Association Diversified Readers Services Georgia Professional Numismatic And Precious Metals Association Medex, Inc.
655. Gene Miller 1456 Stratfield Circle Atlanta, Georgia 30319 (404)261-7016 Federation Of Georgia Hospitals Hospital Corporation Of America Bob Short And Associates Coliseum Medical Centers Doctors' Hospital Tucker Fairview Park Hospital Hughston Sports Medicine Hospital HCA Palmyra Medical Centers Parkway Medical Center Redmond Park Hospital West Paces Ferry Hospital Doctors' Hospital Columbus Lanier Park Hospital Worth Community Hospital Emanuel County Hospital Habersham County Medical Center Higgins General Hospital Memorial Medical Center, Inc. Peach County Hospital Tanner Medical Center Upson County Hospital Wayne Memorial Hospital Georgia Dental Association Diversified Readers Services Georgia Professional Numismatic And Precious Metals Association Medex, Inc.
656. Lloyd Chapman 1 Interstate Rd. Riceboro, Georgia 31323 (912)884-3371 Interstate Paper Corp.
657. Bill Verner 151 Ellis Street Suite 422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corporation

148

JOURNAL OF THE SENATE

658. Gwenda R. Bell 113 Central High Road Carrollton, Georgia 30117 (404)834-3386 Georgia Association Of Educators Citizen
659. Lee R. Sims P. O. Box 130 Ringgold, Georgia 30736 (404)935-2297 Catoosa County Schools Citizen
660. Kyle Smith P. 0. Box 130 Ringgold, Georgia 30736 (404)935-2297 Catoosa County Schools Citizen
661. Edward R. Vickrey Post Office Box 130 Ringgold, Georgia 30736 (404)935-2297 Catoosa County School
662. Anne B. Graham Suite 200 1340 Spring St., N.W. Atlanta, Georgia 30309 (404)885-1578 Clearinghouse On Georgia Prisons And Jails School-Age Child Care Council Visiting Nurses Association Georgia Council On Child Abuse Planned Parenthood Of The Atlanta Area, Inc. Georgia Association Of School Psychologists School Social Workers Association Of Georgia Girl Scout Council Of Georgia
663. Claudia B. Ward P. 0. Box 869 Ringgold, Georgia 30736 (404)935-2345 Ringgold Telephone Company
664. Donna McLarin 151 Ellis St SUITE 422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corporation

665. Hinson McAuliffe 55 Silverwood Road, N.E. Atlanta, Georgia 30342 (404)255-0680 Georgia Council On Moral And Civic Concerns, Inc. Georgia Baptist Convention
666. Dr. Clyde F. Maxwell Route 2, Comer Road Lexington, Georgia 30648 (404)743-8194 Professional Association Of Georgia Educators
667. Alice Holmes Washington 1848 Calloway Drive, N.W. Atlanta, Georgia 30314 (404)792-8645 Citizen
668. Cheatham E. Hodges, Jr., 3200 Deans Bridge Road Augusta, Georgia 30906 (404)798-1719 Georgia Catholic Conference Association Of Private College's & Universities In Georgia Hodges Corporation, The, And Its Clients Consultant to General Counsel, The Prudential Ins. Co. Of Amer.
669. Deborah L. Sheppard 1083 Austin Avenue Atlanta, Georgia 30307 (404)659-5675 Campaign For A Prosperous Georgia
670. William F. Morie 4000 Cumberland Parkway Atlanta, Georgia 30339 (404)432-1658 Georgia Automobile Dealers Association
671. Louise R. Watley 9 Gammon Avenue S.E. Atlanta, Georgia 30315 (404)624-1378 City-Wide Advisory Council On Public Housing Inc. Atlanta Housing Authority Carver Worker Cooperation

FRIDAY, JANUARY 12, 1990

149

672. William M. Bates 161 Spring Street, N.W., Suite 810 Atlanta, Georgia 30303 (404)588-1707 Georgia Warehouse Assn. Bates Associates Morehouse School Of Medicine Grady Memorial Hospital Dehart And Darr
673. Holly Hardin 161 Spring Street Suite 812 Atlanta, Georgia 30303 (404)588-1707 Georgia Warehouse Assn. Grady Hospital Dehart And Darr Morehouse School Of Medicine Bates Associates
674. Dennis S. Losin 230 Peachtree Street, N.W. Suite 210 Atlanta, Georgia 30303 (404)222-6911 First American Bank Of Georgia, N.A.
675. Darryl G. Gray 249 Fielding Lane Atlanta, Georgia 30311 (404)691-4338 Grassroots Communications Southern Christian Leadership Conference
676. John H. Smallwood 3746 Chamblee Tucker Road Atlanta, Georgia 30341 (404)491-3134 Georgia Nationwide Ins. Independent Contractors Association Agents Actions Committee, Inc.
677. Keyna Dyar Cory 120 East Jefferson Street Tallahassee, Florida 32301 (904)893-0995 Southern Lobbying Services, Inc. Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service Yational Tire Resources, Inc. Alamo Car Rental, Inc.

678. Donna 0. Kemp Wynnton Building Suite #305 2210 Wynnton Road Columbus, Georgia 31906 (404)595-0713 Muscogee Association Of Educators Georgia Association Of Educators
679. Lynne A. Randall 580 14th Street, N.W. Atlanta, Georgia 30318 (404)351-7105 Georgians For Choice
680. Daniel L. Drummond 2540 Lakewood Avenue Atlanta, Georgia 30315 (404)627-0922 Teamsters Local 928
681. Wm. D. Padgett P. 0. Box 4418 Atlanta, Georgia 30302 (404)588-8681 Trust Company Of Georgia Suntrust Banks Inc.
682. Lita Sue Menkin Post Office Box 2034 Atlanta, Georgia 30301 (404)524-5811 Clients Of Senior Citizens Advocacy Project
683. W.A. Binns P.O. Box 570 Savannah, Georgia 31402 (912)238-7327 Union Camp Corp.
684. Gayle E. Miller 726 Sycamore Street Decatur, Georgia 30030 (404)378-4787 Sierra Club
685. W. J. Bryan Ball, Jr., S.V.P. First Union National Bank Of Georgia P. 0. Box 1700 Atlanta, Georgia 30303 (404)225-4059 First Union National Bank Of Georgia

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686. Carl Mason 932 Clay Street Marietta, Georgia 30060 (404)494-3432 International Assn. Of Machinists & Aerospace Workers, Local 709
687. Deana Womack 932 Clay Street Marietta, Georgia 30060 (404)428-3385 International Assn. Of Machinists & Aerospace Workers, Local 709
688. George Bulloch 932 Clay Street Marietta, Georgia 30060 (404)494-3432 lamaw LL709
689. Brenda Dicristina 17 Heards Overlook Court Atlanta, Georgia 30328 (404)953-8822 Atlanta Junior League
690. Zee Bradford 1422 W. Peachtree Street NW, Suite 300 Atlanta, Georgia 30309 (404)892-1434 First Class, Inc.
691. John Callaway 1727 Toleson Court Dunwoody, Georgia 30338 (404)396-9343 Federal Military Retiree Coalition
692. Joyce Kinnard 133 Carnegie Way Ste 333 Atlanta, Georgia 30303 (404)256-2528 Georgia Consumer Center
693. Joni Alpert 133 Carnegie Way N.W. Atlanta, Georgia 30303 (404)256-2528 Georgia Consumer Center
694. Charles M. Searcy 41 Marietta Street, Suite 714 Atlanta, Georgia 30303 (404)522-8487 Georgia Trial Lawyers Association

695. Joe H. McKenzie, Jr., Post Office Box 37 Gordon, Georgia 31031 (912)628-7206 Engelhard Corporation
696. Joseph John Rogers Post Office Box 1496 Augusta, Georgia 30903 (404)796-4100 Procter & Gamble Mfg. Company
697. Deborah Schechter 155 Marsh Glen Point Atlanta, Georgia 30328 (404)256-4568 Georgia Consumer Center
698. Cynthia Porter Brown 400 King Road Atlanta, Georgia 30342 (404)237-9931 Junior League Of Atlanta
699. Tim Ryles 3516 Covington Hwy Decatur, Georgia 30032 (404)296-5553 Communications Workers Of America
700. Sally Bethea 31 Lafayette Drive Atlanta, Georgia 30309 (404)872-1483 Junior League Of Atlanta
701. Jane Weest 373 Maynard Terrace Atlanta, Georgia 30001 (404)373-5778 Plumbers and Pipefitters Local Union 72
702. Frances D. Todd 114 Baker Street, N.E. Atlanta, Georgia 30308 (404)565-1679 Georgia PTA
703. J. D. Dennis Post Office Box Cobb Marietta, Georgia 30067 (404)980-2000 Cobb Chamber Of Commerce Civil Air Patrol, Georgia Wing
704. Suzanne Ernst 3391 Kennington Court Atlanta, Georgia 30319 (404)252-5899 League Of Women Voters Of Georgia

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705. Carolyn Brown 3715 Northside Pkwy, N.W. 300 Northcreek, Ste 850 Atlanta, Georgia 30327 (404)261-8853 Community Bankers Association Of Georgia
706. Christy J. Anderson 2480 Broothaven PI. NE Atlanta, Georgia 30319 (404)266-1928 Citizen Lobby
707. Nathan G. Knight 7 East Broad Street Newnan, Georgia 30264 (404)253-0913 Professional Association Of Educators
708. Andrew W. Dod 35 Broad Street Suite 1100 Atlanta, Georgia 30335 (404)572-6600 Powell, Goldstein, Frazer & Murphy
709. Rita D. Carlson 1107 Windridge Drive Atlanta, Georgia 30350 (404)642-8036 League Of Women Voters
710. Ski Bashinski 2009 Rainbow Drive Suite 123 Decatur, Georgia 30034 (404)241-4095 Georgia Funeral Directors Association Georgia Automatic Merchandising Council Surveying And Mapping Society Of Georgia Greater Atlanta Fabricare Association Georgia Cemetery Association Georgia Pest Control Association
711. Jacqueline Bazy 233 Mitchell Street Suite 200 Atlanta, Georgia 30303 (404)523-6201 The American Civil Liberties Union
712. Brooks Payne Rode 5 Collier Road, N.W. # 7 Atlanta, Georgia 30309 (404)355-1155 Atlanta Junior League

713. Paulette Triplett 723 S.W. Highway 138 Riverdale, Georgia 30374 (404)997-1934 Citizen
714. Robert C. Hunt 2849 Paces Ferry Road, #770 Atlanta, Georgia 30339 (404)434-3473 Miller Brewing Company
715. James R. Bell P. 0. Box 821 Lithia Springs, Georgia 30057 (404)739-1870 National Organization For The Reform Of Marijuana Laws (Norml)
716. Thelma Sonia Graves Adams Park Recreation Center Atlanta, Georgia 30310 (404)751-6181 Citizen
717. A. Ann Deaton 215 Piedmont Ave. #1203 Atlanta, Georgia 30308 (404)827-9154 Georgia Pharmaceutical Association (Student Group)
718. Edward V. Deaton 6 Adams Park Court Columbus, Georgia 31909 (404)322-3639 American Association Of Retired Persons Muscogee Retired Cafeteria Mgrs.
719. Marie S. Steinmeyer 3985 Lynfield Court College Park, Georgia 30349-Rt.6 (404)349-2338 Georgia Women's Coalition For Medical Freedom, Inc. American Association Of Retired Persons (AARP) Council On Aging Informed Health Care Association Of Georgia, Inc. Older Women's League Georgia Association Medical Victims, Inc.

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720. Jim McDuffie 185 Washington Avenue Marietta, Georgia 30090-9660 (404)429-3289 Cobb County Tax Commissioners Office
721. B. Gail Downing 185 Washington Avenue Marietta, Georgia 30090-9660 (404)429-3289 Cobb County Tax Commissioners Office
722. Luvenia Jackson 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association Of Educators (GAE)
723. Andrew Henry Griffin, Jr., 3951 Snapfinger Parkway Decatur, Ga 30035 (404)289-5867 Georgia Association Of Educators (GAE)
724. Anita M. Patterson 161 Spring Street Suite 640 Atlanta, Georgia 30303 (404)523-4102 American Federation Of State, Co. & Municipal Employees
725. William I. (Bill) Posey, Washington & Gordon Ashburn, Georgia 31714 (912)567-3007 Rite Aid Pharmacy Georgia Pharmaceutical Association
726. Leonard A. Moody Route 3 Canton, Georgia 30114 (404)479-6302 National Association Of Master Appraisers Georgia, Chapter (An Interman Charter) Citizen
727. Holly Hill 2500 Trust Company Tower Atlanta, Georgia 30303 (404)572-3589 Southeast Paper Co. Oilman Paper Co.

728. Jimmy Kirkland 2500 Trust Company Tower Atlanta, Georgia 30303 (404)572-3533 S. E. Paper Co. Gilman Paper Co.
729. James R. Bird 644 Elam Forest Court Stone Mountain, Georgia 30083 (404)294-5427 Citizen
730. Verna G. Farmer 907 Fireside Way Stone Mountain, Georgia 30083 (404)292-6780 Georgia Federation Of Women's Club Church Women Of DeKalb
731. Carolyn Jones 815 Jett Ferry Manor Atlanta, Georgia 30350 (404)394-5081 Georgia Federation Of Women's Club
732. Charles C. Martin 470 Hill Street Buford, Georgia 30518 (404)945-5179 Georgia Gameforal Breeders Assn. Inc.
733. Debra Mills 3335 Hopkins Road Powder Springs, Georgia 30073 (404)943-1364 Abused Children's Taskforce, Inc.
734. Bruce Kauffman 1244 Atlantic Drive Atlanta, Georgia 30318 (404)238-0026 National Organization For Reform Of Marijuana Laws
735. Kathy T. Chaffin 1075 Spring Street, N.W. Atlanta, Georgia 30309 (404)872-2467 Georgia Press Association
736. Mildred Blackburn Evans Middle School Evans, Georgia 30809 (404)863-2275 Professional Association Of Georgia Educators

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737. James W. Strong 3607 Roxboro Road, N.E. Atlanta, Georgia 30326 (404)237-7261 Fulton County Grand Jurors Association Citizen
738. Randy Kevin Wilson 112 S. Main Street Jonesboro, Georgia 30236 (404)477-8474 Georgia Association Of Concerned Citizens
739. Patrick B. McMillen 1101 Battlefield Parkway Fort Oglethorpe, Georgia 30742 (404)866-9183 Citizen Catoosa County Public Schools Catoosa Education Association Georgia Association Of Educators
740. Ed Holcombe P. 0. Box 4545 (333/23) Atlanta, Georgia 30302 (404)526-6929 Georgia Power Company
741. Cherryl V. Finn 1256 Briarcliff Road, Rm. 412-S Atlanta, Georgia 30306 (404)894-8860 Georgia Alliance For The Mentally 111
742. Neil D. Saunders 231 Peachtree Battle Avenue Atlanta, Georgia 30305 (404)355-0604 Citizen
743. Dr. Bill Davis 465 Riverhill Drive, N.W. Atlanta, Georgia 30328 (404)256-2334 Georgia Sport Shooting Association
744. Raymond Cecil Taylor Post Office Box 9823 Columbus, Georgia 31908-9823 (404)561-5419 Brotherhood Of Locomotive Engineers
745. Charles T. Autry 2100 East Exchange Place Tucker, Georgia 30247 (404)496-7945 Oglethorpe Power Corporation

746. Ptlene Minick 1748 N. Holly Lane Atlanta, Georgia 30329 (404)636-2742 Citizen
747. Michael Wardrip Post Office Box 1670 Lilburn, Georgia 30226 (404)921-5389 Sierra Club Georgia Chapter
748. Ronald Scheiblauer 4715 Frederick Drive, S. W. Atlanta, Georgia 30336 404-696-9330 Southern Bicycle League
749. J. R. "Jake" Cullens Box 326 Cartersville, Georgia 30120 (404)382-2613 Senior Retired Troopers & GBI Agents Assn. First American Bank Cheatau Elan, LTD. Viking Distillery Glenmore Distilleries Company Georgia House Foundation Atlanta Casualty Company Jones & Granger Barton Brands, LTD Habersham Vineyards International Barrier Corp.
750. June Governo Rt. 1, Box 273 Williamson, Georgia 30292 (404)567-3828 Citizens For A Safer Georgia
751. Allene Magill 522 Hardee Dallas, Georgia 30132 (404)443-8000 Paulding County Board Of Education
752. Jane Huntley N.W. Ga. Resa 436 Broad Street 217 Forrest Building Rome, Georgia 30161 (404)295-6189 N.W. GA. Resa

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753. Thomas G. Cook P. O. Box 95625 Atlanta, Georgia 30306 (404)892-8711 Georgia Osteopathic Medical Association Georgia Automotive Services Association
754. Gregory B. Paxton 1516 Peachtree Street, N.W. Atlanta, Georgia 30309 (404)881-9980 Georgia Trust For Historic Preservation Georgians For Preservation Action
755. John T. Sherrer 833 Campbell Hill Street Marietta, Georgia 30060 (404)427-0202 Georgia Pharmaceutical Association
756. Hannah M. Branton 250 Georgia Ave, S.E. Room 363 Atlanta, Georgia 30312 (404)523-0896 Georgia Housing Coalition
757. Jonathan Lee Braden 20 Lenox Pointe Atlanta, Georgia 30324 (404)231-5074 Georgia Pharmaceutical Association
758. Gayle Hughes P. 0. Box 0411 Stone Mountain, Georgia 30083 (404)292-1863 Georgia Forum
759. Charlotte Warren 4423 Dunmore Road Marietta, Georgia 30068 (404)651-2050 Georgia Nurses Association
760. Martha Pennington 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Citizens Lobby For Kids Professional Association Of Georgia Educators Georgia Congress Of Parent-Teacher Association Southern Bicycle League

761. Nancy Hayes Kitchens 3700 B Market St. Clarkston, Georgia 30021 (404)292-7243 Professional Association Of Georgia Educators
762. John T. Rumph, Jr., 5540 Roswell Road, N.W. G 109 Atlanta, Georgia 30342 (404)255-4319 Informed Health Care Association Of Georgia, Inc. Georgia Women Coaliation For Medical, Inc. Cancer Victors, Inc.
763. Carol N. Rogers 1188 Briarcliff Road, Ste. 1 Atlanta, Georgia 30306 (404)873-1504 Informed Health Care Association Of Georgia, Inc. Georgia Women's Coalition For Medical Freedom, Inc. Cancer Victors, Inc.
764. Gretchen L. Simpson 1399 Walton Way Augusta, Ga. 30901 (404)737-7250 Georgia Association Of Educators Richmond County Association Of Educators
765. Pamela W. Lightsey 2700 Pebblewood Drive Valdosta, Georgia 31602 (912)244-4942 Georgians For Victims' Justice
766. Barbara T. Johnson Rockdale County Courthouse 922 Court Street Conyers, Georgia 30207 (404)929-4006 Georgians For Victim Justice
767. Deborah K. Morelli 1562 Pine Bluff Court Snellville, Georgia 30278 (404)985-0021 Georgians For Victims Justice Citizens Lobby For Kids

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768. Michael E. Williams NAA-ILA 1600 Rhode Island Avenue N.W. Washington, DC 20036 (202)828-6373 National Rifle Association-Institute For Legislative Action
769. David 0. Eldridge 233 Peachtree Street, N.E. Suite 2705 Atlanta, Georgia 30303-1500 (404)522-3558 Georgia Conservancy, The
770. Kathy Davis 250 Georgia Avenue, S.E. #363 Atlanta, Georgia 30312 (404)523-0896 Georgia Housing Coalition
771. Pamela J. Martorano, President 6135 Barfield Rd., Ste 118 Neuromuscular & Massage Atlanta, Georgia 30328 (404)252-0010 American Massage Therapy Assn. (A.M.T.A.) Georgia Chapter
772. James T. Roberts 516 Beckwith Atlanta, Georgia 30314 (404)523-2527 Citizen
773. June R. Jansen Two Northside 75 214 Beta Building Atlanta, Georgia 30318 (404)351-3930 Consulting Engineers Council/Georgia
774. Charles H. Green P. O. Box 10 Tallulah Falls, Georgia 30573 (404)754-9383 Private Schools Citizen Professional Association Of Georgia Educators
775. Belinda Callas 2010 Beaver Ruin Road Norcross, Georgia 30093 (404)449-9050 American Massage Therapy Association

776. Thomas J. Raynor 171 Garnett Street Atlanta, Georgia 30303 (404)659-5566 Bail Bond Association
777. Doug Henson 400 Cleveland Avenue Atlanta, Georgia 30315 (404)761-8455 Georgia Dental Association
778. Johnnie M. Keith 110 Milliard St., S.E. #408 Atlanta, Georgia 30312 (404)658-1881 Disability Activists Rally For Equality
779. Louise Radloff 1240 Atkinson Road Lawrenceville, Georgia 30243 (404)962-2985 Georgia School Boards Assn.
780. Billy E. Grice 615 Peachtree St., N.E. Atlanta, Georgia 30308 (404)874-7715 R. G. Associates
781. Michael H. Richardson 615 Peachtree St., N.E. Suite 510 Atlanta, Georgia 30308 (404)874-7715 R. G. Associates
782. William S. Cannon, V P. 0. Box 3329 Atlanta, Georgia 30302 (404)438-4532 American Contract Compliance Association
783. Douglas M. Collins 1242 Redfield Ridge Dunwoody, Georgia 30338 (404)393-4859 Citizen
784. George B. Elder 2000 Powers Ferry Road Suite 610 Marietta, Georgia 30067 (404)951-7950 Southeast Recycling Corporation Southeast Paper Manufacturing Company

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785. Ted Brodek 555 Hardendorf Avenue N.E. Atlanta, Georgia 30307 (404)373-3106 Lake Claire Neighborhood Association National Assoc. Of Broadcast Employees & Technicians (AFLCIO)
786. Sharon Teague Post Office Box 488 Red Oak, Georgia 30272 (404)969-1133 Sharon Teague Sloto Consultants
787. Karen Bernheimer P. 0. Box 465 Pine Lake, Georgia 30072 (404)296-1468 Sierra Club
788. Lorine Spencer 1946 Clairmont Rd. Ste 200 Decatur, Georgia 30033 (404)248-1667 GNA Ga. Nurses Association Garn Ga. Association Of Rehab Nurses PRSG Private Rehab Suppliers Of Georgia
789. Linda D. McMillan 2743 St. Augustine Trail Marietta, Georgia 30067 (404)522-6625 Citizen
790. Elaine C. Lalonde 100 Edgewood Avenue #1010 Atlanta, Georgia 30303 (404)522-8683 League Of Women Voters Of Georgia, Inc.
791. Timberly T. Dukes 100 Edgewood Avenue Atlanta, Georgia 30303 (404)522-8683 Georgia League Of Women Voters
792. Cynthia Harris 100 Edgewood Avenue Atlanta, Georgia 30303 (404)522-8683 Georgia League of Women Voters

793. Grace Marie Crosby 100 Edgewood Avenue Atlanta, Georgia 30303 (404)522-8683 Georgia League Of Women Voters
794. Lisa Tavares 100 Edgewood Avenue Atlanta, Georgia 30303 (404)522-8683 Georgia League Of Women Voters
795. Lynn Jarrett-Gude 4181 Danforth Rd. Atlanta, Georgia 30331 (404)691-2788 Citizen
796. James Terry Murphy 326-C North Slappey Blvd. Albany, Georgia 31707 (404)439-8826 Association Of Georgia Driver Improvement Clinics
797. Lawrence A. Ingwell 3300 N.E. Expressway 1-B Atlanta, Georgia 30341 (404)457-5100 Georgia Safety Council, Inc.
798. Fred P. Metros 1050 Greendale Lane Jonesboro, Georgia 30236 (404)477-7005 Georgia Sport Shooting Association Citizen
799. Robert L. Scott 115 Perimeter Center Place, Suite 415 Atlanta, Georgia 30346 (404)668-1126 Lederle Laboratories
800. Gary Martin 1597 Phoenix Boulevard #12 Atlanta, Georgia 30349 (404)991-3750 Police Benevolent Association Of Georgia, Inc.
801. James B. Merritt 1597 Phoenix Blvd Suite 12 Atlanta, Georgia 30349 (404)991-3750 Police Benevolent Association Of Georgia, Inc.

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802. Margaret Blount 1575 Northside Drive, Ste 250 200 Atlanta Technology Center Atlanta, Georgia 30318-4208 (404)350-4300 Atlanta Healthcare Alliance
803. Maureen McGrath Caine 3121 Maple Drive, Suite 228 Atlanta, Georgia 30345 (404)365-8824 GA. Independent Trust
804. Jerry L. McCollum 1936 Iris Drive, Suite G Conyers, Georgia 30207 (404)929-3350 Georgia Wildlife Federation
805. Glenn K. Reeves 1691 Sands PL, Suite E Marietta, Georgia 30067 (404)956-9034 Georgia Wildlife Federation
806. Martha Ford 114 Glenn Street Decatur, Georgia 30030 (404)373-3077 Georgia Nurses Association
807. Melvin T. Steely West Georgia College History Department Carrollton, Georgia 30118 (404)836-6508 American Association Of University Professors

808. Norman Townsend, Jr., 100 Peachtree, N.W. Suite 710 Atlanta, Georgia 30303 (404)681-5057 Rider's Guide Southern Economic Development Company Corporate Television Producers Real Estate Mart
809. Elizabeth E. Long 141 Pryor St., S.W. Atlanta, Georgia 30303 (404)730-7750 Fulton County Government
810. P. Andrew Patterson 55 Marietta St., N.W. Suite 1600 Atlanta, Georgia 30303 (404)688-4504 Fulton County Government
811. John Tye Ferguson 2705 Peachtree Center-Harris T3 233 Peachtree St., N.E. Atlanta, Georgia 30303 (404)588-0888 Fulton County Government Fulton County Pension Fund Development Authority Of Fulton County

Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M., at which time the Senate would stand adjourned, pursuant to SR 292 adopted previ ously, until 10:00 o'clock A.M., on Monday, January 22, and the motion prevailed.

At 11:03 o'clock A.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess until 5:00 o'clock P.M., at which time the Senate would stand adjourned, pursuant to SR 292 adopted previously, until 10:00 o'clock A.M. on Monday, January 22.

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Senate Chamber, Atlanta, Georgia Monday, January 22, 1990 Sixth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. and was called to order by the President.
Senator Muggins of the 53rd reported that the Journal of the proceedings of Friday, January 12, 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:
HB 1283. By Representative Stancil of the 66th: A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplemen tary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit by Oconee County.
HB 1285. By Representative Godbee of the 110th: A bill to amend an Act relating to the board of education of Jenkins County, so as to change provisions relating to the compensation and reimbursement of ex penses of the chairman and members of the board of education.
HB 1286. By Representative Reaves of the 147th: A bill to amend an Act providing for the compensation of the coroner of Brooks County, so as to change the compensation of the coroner.
HB 1220. By Representatives Lawson of the 9th, Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to create The Council of Superior Court Clerks of Georgia; to provide for the composition of the council.
HB 1214. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd: 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 change the provisions relating to representation of the petitioner by the district attorney.
HB 1247. By Representatives Birdsong of the 104th and Barnett of the 10th: A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the proposed demoli tion of certain county courthouses must be submitted to the voters of the county

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for approval or rejection; to provide for the application of the provisions of Chap ter 2 of Title 21, the "Georgia Election Code".
HB 1219. By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.
HB 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th, Lee of the 72nd and Teper of the 46th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multi-year installment purchase contracts.
HB 1273. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated.
HB 1274. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, so as to repeal the provi sions relating to the inapplicability of "this Act" to certain employees; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to dis crimination against an employee for attending a judicial proceeding in response to a court order or process, so as to provide for the inapplicability of such Code section to certain employees.
HB 1277. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, so as to make certain grammatical and editorial changes.
HB 1275. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to change all refer ences to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs; to change references to the administrator of vet erans' affairs to refer to the secretary of veterans affairs.
HB 1278. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in

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the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Of ficial Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.
HB 1280. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to consider personnel discipli nary actions before the State Personnel Board concerning records of child abuse and deprivation.
HB 1236. By Representatives Redding of the 50th, Harris of the 84th, Powell of the 145th, McKinney of the 35th and McKinney of the 40th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to prohibit the presence of persons under the age of 21 years in licensed public premises selling or serving alcoholic beverages for consumption on the premises; to provide a definition.
HB 1196. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Ricketson of the 82nd, Kingston of the 125th and others:
A bill to amend Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, so as to provide eligibility requirements for persons to be insured under the assigned risk plan.
HB 1127. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide a uniform definition and applica tion of the term "usual, customary, and reasonable charge" with respect to reim bursements for covered expenses under accident and sickness insurance policies; to provide for the maintenance of records.
HB 1195. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Ricketson of the 82nd, Kingston of the 125th and others:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter.
HB 1131. By Representatives Dover of the llth, Kilgore of the 42nd and Irwin of the 13th:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment and compensation of chief registrars and other regis trars, so as to change the provisions relating to the per diem compensation or monthly compensation received by the chief registrars and other registrars.

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The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 364. By Senator Tate of the 38th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide an effective date of certain com pensation increases for municipal officers and employees; to provide for intent; to provide an effective date.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 529. By Senator Baldwin of the 29th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale and storage of liquefied petroleum gas, so as to change provisions relating to storage facilities required to be maintained by persons, firms, and corporations licensed to sell or distribute liquefied petroleum gas. Referred to Committee on Industry and Labor.
SB 530. By Senator Kennedy of the 4th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise Chapter 8 of said title, known as "The Economic Rehabilitation Act of 1975"; to change the provisions relating to the purpose of the chapter; to change certain definitions and delete other definitions; to change the provisions relating to administration of such chapter. Referred to Committee on Governmental Operations.
SB 531. By Senator Newbill of the 56th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the suspension, or revocation of drivers' licenses of persons who are convicted of unlawfully possessing or having under their control any con trolled substance or marijuana. Referred to Committee on Judiciary.
SB 532. By Senator Newbill of the 56th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that a felony involving moral tur pitude shall include a felony conviction for a violation of Code Section 16-13-30 or Code Section 16-13-31 for the purposes of determining ineligibility to hold civil office. Referred to Committee on Judiciary.
SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources. Referred to Committee on Natural Resources.

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SB 534. By Senators Ray of the 19th, Gillis of the 20th and English of the 21st:
A bill to amend Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources; to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to provide that a petition of judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court.
Referred to Committee on Natural Resources.
SB 535. By Senator Shumake of the 39th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Power Engineers; to provide definitions; to provide for the appointment of members of the board; to provide for members' terms, qualifications, compensation, and removal; to pro vide for meetings and quorums; to provide for a joint-secretary of the board; to define the power and duties of the board.
Referred to Committee on Governmental Operations.
SB 536. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to substan tially revise the provisions relating to forfeitures; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto.
Referred to Committee on Judiciary.
SB 537. By Senator Johnson of the 47th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to change the provisions relating to alien corporations acquiring of record any real property; to change the provisions relating to annual registrations of alien corporations and the filing and contents thereof.
Referred to Committee on Judiciary.
SB 538. By Senators Albert of the 23rd, Kidd of the 25th, English of the 21st and others:
A bill to amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, so as to change the provisions relating to qualification for a license; to provide that certain appli cants who hold a license to practice dentistry in another state, who have taught full time at an accredited dental school for a certain period, and who meet cer tain other requirements shall be exempt from taking an examination.
Referred to Committee on Human Resources.
SB 539. By Senator Phillips of the 9th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal specifically certain provisions relating to multiyear contracts of counties and municipalities; to authorize counties, municipal corporations, and school systems to enter into certain multiyear contracts under certain circumstances; to provide for optional and mandatory contract provisions.
Referred to Committee on Urban and County Affairs (General).

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163

SB 540. By Senator Phillips of the 9th:
A bill to amend Code Section 7-1-650 of the Official Code of Georgia Annotated, relating to the powers of a credit union, so as to authorize the investment of certain funds of credit unions by the buying or selling of loan participations through certain financial institutions.
Referred to Committee on Banking and Finance.
SB 541. By Senator Phillips of the 9th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to provide for the temporary or permanent prohibition of the privilege of practicing an oc cupation, profession, business, or trade licensed by an agency of the State of Georgia for any person who is convicted of the unlawful possession of or having under that person's control any controlled substance.
Referred to Committee on Judiciary.
SB 542. By Senators Kidd of the 25th and Land of the 16th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of the sale of alcoholic beverages on Sunday, so as to provide that in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing au thority of the county or municipality may by resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises in any licensed establishment from 8:00 P.M. until 12:00 Midnight on any Sunday which falls on the thirty-first day of December.
Referred to Committee on Consumer Affairs.
SB 543. By Senators Parker of the 15th and Kidd of the 25th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require counties and municipalities to provide procedures for hearing grievances by their employees; to provide for written personnel policies and grievance procedures.
Referred to Committee on Urban and County Affairs (General).
SB 544. By Senators Land of the 16th and Parker of the 15th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance documents shall be deemed counterfeit or false; to provide penalties; to provide an effective date.
Referred to Committee on Insurance.
SB 545. By Senators Gillis of the 20th, Dawkins of the 45th, English of the 21st and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for mandatory drug testing for certain state officials and employees and candidates for certain state offices; to provide for legislative findings; to provide for definitions; to provide for condi tions, practices, procedures, and requirements connected with such testing.
Referred to Committee on Special Judiciary.

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SB 546. By Senator Phillips of the 9th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning professions and businesses, so as to pro vide for the suspension or revocation of occupation licenses of persons who are convicted of unlawfully possessing or having under their control marijuana.
Referred to Committee on Judiciary.
SB 547. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking, and passing, so as to authorize the Department of Transportation and local governing authorities to designate certain lanes of a highway or street as a two way left turn only lane; to provide for the regulation and authorized use of such lanes; to pro vide for prohibited acts.
Referred to Committee on Transportation.
SB 548. By Senator Kidd of the 25th:
A bill to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit; to provide for the initial and subsequent elections of such judge; to provide for terms of office; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit.
Referred to Committee on Judiciary.
SB 549. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that persons becoming Governor after a certain date shall forfeit part-time service as a condition of membership in the retirement system during service as Governor; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to Committee on Retirement.
SB 550. By Senators Scott of the 36th, Kidd of the 25th, Langford of the 35th and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to pro hibit the sale of assault weapons in this state; to define certain terms; to amend Code Section 17-5-52 of the Official Code of Georgia Annotated, relating to the sale or destruction of weapons used in the commission of crimes, so as to provide for the destruction of assault weapons.
Referred to Committee on Special Judiciary.
SB 551. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to provide that, upon special written findings of fact, a superior court may order a defendant remanded into custody; to provide for psychiatric or psychological evaluations and reports related thereto; to provide for facilities.
Referred to Committee on Special Judiciary.

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165

SB 552. By Senator Peevy of the 48th:
A bill to amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to the performance of sterilization procedures, so as to remove certain language from Code Section 31-20-2, relating to the performance of a sterilization procedure upon request. Referred to Committee on Human Resources.
SB 553. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical malpractice claims in volving obstetrics, anesthesiology, pediatrics, and neonatology; to provide for leg islative findings; to provide for definitions. Referred to Committee on Human Resources.
SR 327. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for solid waste recycling or other solid waste facilities or sys tems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking and Finance.
SR 329. By Senators Garner of the 30th, Harris of the 27th, Timmons of the llth and others:
A resolution proposing an amendment to the Constitution so as to provide that no county or municipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expendi ture of funds except under certain conditions; to provide that except under cer tain conditions the General Assembly may not enact, amend, or repeal any gen eral law if the anticipated effect of doing so would be to reduce the authority that counties and municipalities have to raise revenues; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Urban and County Affairs (General).
SR 330. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Community Affairs; to provide for an effective date. Referred to Committee on Urban and County Affairs (General).
SR 331. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Natural Resources; to provide for an effective date. Referred to Committee on Natural Resources.
SR 332. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying the supplemental funding formula for regional develop ment centers established by the Department of Community Affairs; to provide for an effective date. Referred to Committee on Urban and County Affairs (General).

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SR 334. By Senators Kidd of the 25th and Ray of the 19th: A resolution relating to and affecting America's youth groups that teach citizen ship, municipal governments, and other governmental bodies.
Referred to Committee on Children and Youth.
The following bills of the House were read the first time and referred to committees:
HB 1127. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide a uniform definition and applica tion of the term "usual, customary, and reasonable charge" with respect to reim bursements for covered expenses under accident and sickness insurance policies; to provide for the maintenance of records. Referred to Committee on Insurance.
HB 1131. By Representatives Dover of the llth, Kilgore of the 42nd and Irwin of the 13th:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment and compensation of chief registrars and other regis trars, so as to change the provisions relating to the per diem compensation or monthly compensation received by the chief registrars and other registrars. Referred to Committee on Governmental Operations.
HB 1195. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter. Referred to Committee on Insurance.
HB 1196. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, so as to provide eligibility requirements for persons to be insured under the assigned risk plan. Referred to Committee on Insurance.
HB 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th and others: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multi-year installment purchase contracts.
Referred to Committee on Urban and County Affairs (General).
HB 1214. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd: 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 change the provisions relating to representation of the petitioner by the district attorney.
Referred to Committee on Judiciary.

MONDAY, JANUARY 22, 1990

167

HB 1219. By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.
Referred to Committee on Insurance.
HB 1220. By Representatives Lawson of the 9th, Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to create The Council of Superior Court Clerks of Georgia; to provide for the composition of the council.
Referred to Committee on Governmental Operations.
HB 1236. By Representatives Redding of the 50th, Harris of the 84th, Powell of the 145th and others:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to prohibit the presence of persons under the age of 21 years in licensed public premises selling or serving alcoholic beverages for consumption on the premises; to provide a definition.
Referred to Committee on Consumer Affairs.
HB 1247. By Representatives Birdsong of the 104th and Barnett of the 10th:
A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the proposed demoli tion of certain county courthouses must be submitted to the voters of the county for approval or rejection; to provide for the application of the provisions of Chap ter 2 of Title 21, the "Georgia Election Code". Referred to Committee on Governmental Operations.
HB 1273. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.
HB 1274. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, so as to repeal the provi sions relating to the inapplicability of "this Act" to certain employees; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to dis crimination against an employee for attending a judicial proceeding in response to a court order or process, so as to provide for the inapplicability of such Code section to certain employees.
Referred to Committee on Judiciary.

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HB 1275. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to change all refer ences to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs; to change references to the administrator of vet erans' affairs to refer to the secretary of veterans affairs.
Referred to Committee on Defense and Veterans Affairs.
HB 1277. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, so as to make certain grammatical and editorial changes.
Referred to Committee on Judiciary.
HB 1278. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Of ficial Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.
Referred to Committee on Judiciary.
HB 1280. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to consider personnel discipli nary actions before the State Personnel Board concerning records of child abuse and deprivation.
Referred to Committee on Children and Youth.
HB 1283. By Representative Stancil of the 66th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplemen tary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit by Oconee County.
Referred to Committee on Urban and County Affairs.
HB 1285. By Representative Godbee of the 110th:
A bill to amend an Act relating to the board of education of Jenkins County, so as to change provisions relating to the compensation and reimbursement of ex penses of the chairman and members of the board of education.
Referred to Committee on Urban and County Affairs.

MONDAY, JANUARY 22, 1990

169

HB 1286. By Representative Reaves of the 147th: A bill to amend an Act providing for the compensation of the coroner of Brooks County, so as to change the compensation of the coroner.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Banking and Finance has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 508. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 507. Do pass as amended. Respectfully submitted, Senator Foster of the 50th District, Chairman
Mr. President:
The Committee on Public Safety has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 470. Do pass. SR 309. Do pass.
Respectfully submitted, Senator Bowen of the 13th District, Chairman
Mr. President:
The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 146. Do pass by substitute. SB 424. Do pass. SB 462. Do pass.
Respectfully submitted, Senator Peevy of the 48th District, Chairman

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

SB 411. By Senator Pollard of the 24th:
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 that certain school systems shall continue to receive sparsity grants.

SB 516. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
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 instances when food shall be deemed to be adulterated; to provide that food containing certain pesticide residues shall be deemed to be adulterated and unsafe.

SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and con trol of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter.

SB 518. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to change the definition of the term "farmers' market"; to change the provisions relating to the rental or leasing of real property; to provide for the powers and duties of the Commissioner of Agriculture.

SR 282. By Senator Deal of the 49th:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the State Board of Education and the appointment of the state school superintendent; to provide for the submission of this amendment for ratification or rejection.

HB 1244. By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd and others:
A bill to amend Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradi cation programs, so as to provide for additional referendums for the purpose of changing the amount of such assessments or extending the time period for the collection of such assessments, or both.

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

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman

Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster

Fuller Garner Hammill Harris Huggins Johnson Kennedy Kidd Land Langford

MONDAY, JANUARY 22, 1990

171

McKenzie Newbill Oteistead
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 answering were Senators:

Barker Egan

Gillis

Howard

Senator Parker of the 15th introduced the chaplain of the day, Reverend Elijah Smith, pastor of St. John's AME Church, Columbus, Georgia, who offered scripture reading and prayer.

The following served as doctors of the day during the week the General Assembly was in recess:
January 16 - Dr. Joy Maxey of Atlanta, Georgia.
January 17 - Dr. Robert Ollins of Atlanta, Georgia.
January 18 - Dr. Jeff W. Byrd of Thomasville, Georgia, and Dr. Marshall C. Dunaway of Thomasville, Georgia.
January 19 - No doctor of the day.

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
January 19, 1990
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 1990 Regular Session as of 3:00 p.m. on January 19, 1990. The list is numbered 812 through 904.
Most sincerely,
M Max Cleland Secretary of State
Attachment
Received by: /s/ Hamilton McWhorter, Jr.

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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 812 through 904, who have registered in the Docket of Legislative Appearance as of January 19, 1990, 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 19th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

/s/ Max Cleland Secretary of State

812. D. Gordon Draves 4145 Rue D'Artagnan Stone Mountain, Georgia 30083 (404) 297-7601 Georgians Against Smoking Pollution (GASP)
813. Roy C. Hartley 140 South Mclntosh St. Elberton, Georgia 30635 (404) 283-6191 Professional Association of Georgia Educators
814. David C. Weaver Post Office Box 2563 Birmingham, Alabama 35202 (205) 325-3518 Sonat, Inc.
815. Julia Ferguson Sawyer 33 Walker Terrace Atlanta, Georgia 30309 (404) 876-4283 Georgia Citizens for the Arts
816. Mina Ferguson 2530 Brookdale Drive Atlanta, Georgia 30305 (404) 351-0861 Georgia Citizens for the Arts
817. Jammie M. Philpott Post Office Box 611 Reynolds, Georgia 31076 (912) 847-4694 Citizens for a Safer Georgia

818. Jerry 0. Sorrels 4295 Ocmulgee East Blvd. Macon, Georgia 31295 (912) 744-5571 Government Employees Insurance Company
819. Sherri S. Martin 3920 N. Peachtree Road Atlanta, Georgia 30348 (404) 452-0276 Charter Brook Hospital
820. Benford Stellmacher 1856 Wells Drive D-5 Atlanta, Georgia 30310 (404) 691-6900 Argus Circle Personal Care, Inc. Dean's Personal Care, Inc. Cleveland Avenue Personal Care Marion Reid Personal Care Home
821. Ann W. Cramer Suite 3145 1201 W. Peachtree Street Atlanta, Georgia 30367-1200 (404) 877-6660 IBM Corporation Georgia Commission on Children & Youth
822. Rev. Harwood Bartlett 645 Spring Street, N.W. Atlanta, Georgia 30308 (404) 874-8722 Episcopal Doicese of Atlanta
823. Charles Lane Drew 880 West Peachtree Post Office Box 7600 Atlanta, Georgia 30357 (404) 885-6417 Citizens for Safe Government

MONDAY, JANUARY 22, 1990

173

824. Jim Gabriel Neuromuscular Center of Atlanta 3931 Peachtree Road, N.E. Atlanta, Georgia 30319 (404) 261-5059 American Massage Therapy Association (A.M.T.A.) GA Chapter Informed Health Care Association of Georgia, Inc. Georgia Women's Coalition for Medical Freedom, Inc. Cancer Victors, Inc.
825. Jim Rudd Post Office Box 4447 Macon, Georgia 31208 (912) 745-9977 Legislative Research Agency
826. Ed Baker % Atlanta Business Chronicle 1801 Peachtree Street Atlanta, Georgia 30309 (404) 249-1000 Atlanta Advertising Club Advertising Ethics Committee
827. Dorothy B. Parham Route 2, Box 103 Redland Farm Talbotton, Georgia 31827 (404) 665-3256 Citizens for a Safer Georgia
828. Frank W. Thomason Dalton Public Schools Post Office Box 1408 Dalton, Georgia 30722 (404) 278-8766 Dalton Public School System
829. Patricia F. Carrie're 2929 LaVista Way Decatur, Georgia 30033 (404) 321-7350 Right to Bite Coalition
830. Dr. Charles M. Warnock 208 College Street Vidalia, Georgia 30474 (404) 537-3088 Georgia School Superintendents Association Vidalia City Schools Georgia Association of Educational Leaders Professional Association of GA Educators

831. Deedy Feininger Post Office Box 52047 Atlanta, Georgia 30355 (404) 261-7834 Citizen
832. Charlie L. Roberts, Jr. 3700 B. Market Street Clarkston, Georgia 30021 (404) 292-7243 Professional Association of Georgia Educators
833. "Chip" R.B. Spradley 3093 Dove Way Decatur, Georgia 30033 (404) 296-9526 Georgians Against Smoking Pollution
834. Reva L. Revis 225 Peachtree Street NE Atlanta, Georgia 30303 (404) 880-5246 Cohn & Wolfe
835. Ronald Scharback 100 Edgewood Avenue N.E. Atlanta, Georgia 30303 (404) 527-7565 Council for Children, Inc.
836. L. Clifford Adams, Jr. 999 Peachtree Street N.E. Suite 1400 Atlanta, Georgia 30309 (404) 870-6480 Municipal Electric Authority of Georgia Municipal Gas Authority of Georgia Browning-Ferris Industries of Georgia, Inc.
837. Holmes Cunningham 8 Logwood Lane Newnan, Georgia 30265 (404) 253-9543 Professional Association of Georgia Educators
838. Dr. Tommy R. Lee 101 College Street Post Office Box 177 Homerville, Georgia 31634 (912) 487-5321 Professional Association of Georgia Educators

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839. Barbara Howard Christmas St. Marys Elementary St. Marys, Georgia 31558 (912) 882-4425 Professional Association of Georgia Educators Georgia Association of Elementary School Principals
840. John A. Phillips, Jr. Post Office Drawer 1199 Conyers, Georgia 30207 (404) 483-4713 Professional Association of Georgia Educators Georgia Association of Educational Leaders Georgia School Superintendents Association
841. Julie Beck 235 Olde Oak Drive Jonesboro, Georgia 30236 (404) 461-4665 Professional Association of Georgia Educators
842. Dixie H. Dukes 2010 Steele Road Griffin, Georgia 30223 (404) 228-7724 Professional Association of Georgia Educators
843. Carol A. Bradley 6997 Keene Street Kennesaw, Georgia 30144 (404) 428-7016 Professional Association of Georgia Educators
844. Faye Wells Marion City Elem. School Post Office Box 16 Buena Vista, Georgia 31803 (912) 649-2145 Professional Association of Georgia Educators
845. Graham Green, 2329 Ava Place Decatur, Georgia 30033 Professional Association of Georgia Educators
846. Lewis Wright 1665 Twin Pines Drive Macon, Georgia 31211 (404) 742-4675 Professional Association of Georgia Educators

847. Frances Edge Box 86 Chester, Georgia 31012 (912) 358-4967 Professional Association of Georgia Educators
848. Patrick L. McCullough Route 1, Box 800 Pine Mountain, Georgia 31822 (404) 628-4278 Professional Association of Georgia Educators
849. Jimmie Lisa Penland Route 5, Box 5014 Cleveland, Georgia 30528 (404) 865-3514 Professional Association of Georgia Educators
850. Martha S. Grindle Route 5, Box 5014 Cleveland, Georgia 30528 (404) 865-3514 Professional Association of Georgia Educators
851. Shann Cash Route 5, Box 5014 Cleveland, Georgia 30528 (404) 865-3514 Professional Association of Georgia Educators
852. Mrs. Ann Howell Post Office Box 16 Buena Vista, Georgia 31803 (912) 649-2145 Professional Association of Georgia Educators
853. Peggy Stewart 1308 Highland Avenue Dublin, Georgia 31021 (912) 272-5289 Professional Association of Georgia Educators
854. Kenneth W. Russell 335 Warror Path, NE Calhoun, Georgia 30701 (404) 629-7391 Professional Association of Georgia Educators

MONDAY, JANUARY 22, 1990

175

855. John Sides 770 Lora Smith Road Newnan, Georgia 30264 (404) 254-2860 Professional Association of Georgia Educators

863. Gary Walker 310 Old Mill Road Cartersville, Georgia 30120 (404) 382-5880 Professional Association of Georgia Educators

856. Marion T. Dunn East Griffin Elementary High Falls Road Griffin, Georgia 30223 (404) 229-3721 Professional Association of Georgia Educators
857. Thomas Perry Stewart 1308 Highland Avenue Dublin, Georgia 31021 (912) 272-5289 Professional Association of Georgia Educators
858. Carol Broome 1725 Bill Murdock Road Marietta, Georgia 30062 (404) 973-3840 Professional Association of Georgia Educators
859. Peter C. Quittmeyer 20 Technology Parkway Norcross, Georgia 30092 (404) 441-7900 American Family Life Assurance Company
860. John W. Walker 4502 Clement Drive, S.W. Atlanta, Georgia 30331 (404) 696-1958 Professional Association of Georgia Educators
861. Gwen S. Flanders Pine Street Scotland, Georgia 31083 Professional Association of Georgia Educators Georgia Retired Teachers Association
862. Doris C. Van Hoozer Post Office Box 525 Morrow, Georgia 30260 (404) 366-5972 Atlanta Alzheimers Chapter

864. Wallace A. Huey 96 40th Street Columbus, Georgia 31904 (404) 323-8514 Professional Association of Georgia Educators
865. Ima Jean W. Mitchell Jackson Heights School Albany, Georgia 31705 (912) 431-3367 Professional Association of Georgia Educators
866. Carol D. Dinkins Jackson Heights Elementary Albany, Georgia 31705 (912) 431-3367 Professional Association of Georgia Educators
867. Joyce Montine Joiner Jackson Heights Elementary Albany, Georgia 31705 (912) 431-3367 Professional Association of Georgia Educators
868. Gail Wilcher Mt. Pleasant Road Thomson, Georgia 30824 (404) 595-1762 Professional Association of Georgia Educators
869. Wanda Jenkins 303 Milledge Street Thomson, Georgia 30824 (404) 595-8162 Professional Association of Georgia Educators
870. Belinda Carter Turner 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators

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871. Kathryn J. Gardner 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
872. Lori Ann Washam 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
873. Ashley R. James 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
874. Gloria Sally Bellew 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
875. Joann Hutcheson 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
876. Kristin S. White 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
877. Jackie Castleman 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
878. John C. Reed Wilkinson County High School Highway 57 West Irwinton, Georgia 31042 (912) 946-2541 Professional Association of Georgia Educators Georgia Music Educators Association

879. Donna Alisa Slater 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
880. Doris E. Gunter 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
881. Melba S. Claxton 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
882. Cynthia R. Slater 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
883. Cindy Williams 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Student Professional Association of Georgia Educators
884. Judith L. Long North Georgia College Education Department Dahlonega, Georgia 30597 (404) 864-1529 Professional Association of Georgia Educators
885. Gary D. Yetter 150 Hunt Street Parkway Norcross, Georgia 30243 (404) 448-2218 Professional Association of Georgia Educators
886. Susan B. Steffey Coal Mountain Elementary 3455 Coal Mountain Drive Gumming, Georgia 30130 (404) 887-7706 Professional Association of Georgia Educators

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887. Leigh M. Orr Coal Mountain Elementary 3455 Coal Mountain Drive Gumming, Georgia 30130 (404) 887-7705 Professional Association of Georgia Educators
888. Ginger Clark 2400 Stanton Road Conyers, Georgia 30208 (404) 483-3255 Professional Association of Georgia Educators Citizen
889. Jane Lee 135 Elm Street Cumming, Georgia 30130 (404) 887-5248 Professional Association of Georgia Educators Forsyth County Professional Association of Georgia Educators
890. Jeffrey M. Haskin (ESQ) 92 Luckie Street, N.W. Suite 200 Atlanta, Georgia 30303 (404) 659-5599 Crime Victims Advocacy Council Candler Park Neighborhood Mediation for Georgia Attorney Licensed in Georgia Unitarian Universalist Congregation of Atlanta Citizen
891. Lu Cain 135 Elm Street Cumming, Georgia 30130 (404) 887-1734 Professional Association of Georgia Educators Forsyth County Professional Association of Georgia Educators
892. Dee Scott Perry Middle School Sunshine Avenue Perry, Georgia 31069 (912) 987-2243 Professional Association of Georgia Educators

893. John Holloway 719 McLendon Street Ashburn, Georgia 31714 (912) 567-2298 Professional Association of Georgia Educators
894. Madolyn H. Schewe Jones County High School Gray, Georgia 31032 (912) 986-6555 Professional Association of Georgia Educators
895. John C. Magnan Jefferson County Board of Education 431 West 9th Street Louisville, Georgia 30434 (912) 625-3283 Professional Association of Georgia Educators
896. Debby Garrett-Reed 703 Euclid Avenue Dublin, Georgia 31021 (912) 272-9383 Professional Association of Georgia Educators
897. Holly B. Surowiec Stone Mountain Elementary 6720 Memorial Drive Stone Mountain, Georgia 30083 (404) 469-8616 Professional Association of Georgia Educators
898. Martha Ellen Bumbalough 6720 Memorial Drive Stone Mountain, Georgia 30083 (404) 469-8616 Citizen
899. Shirley H. Hobby 123 O'Connor Drive Milledgeville, Georgia 31061 (912) 452-4205 Professional Association of Georgia Educators
900. Scott Mall 1360 Peachtree Street Atlanta, Georgia 30309 (404) 888-5100 FMC Corporation

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901. Paul L. Shanor 938 Peachtree Street Atlanta, Georgia 30309 (404) 876-7535 Georgia Health Network Medical Association of Georgia Mag Mutual Insurance Company
902. Homer Flynn 2159 McKinley Road NW Atlanta, Georgia 30318 (404) 355-1616 Tower Package Store Green Package Store

903. James S. Turpin 1730 Rhode Island Avenue Suite 1000 Washington, DC 20036 (202) 659-4613 National Solid Waste Management Association
904. Marilyn M. Self 1955 Monroe Drive Atlanta, Georgia 30324 (404) 881-9800 American Red Cross-Metropolitan Atlanta Chapter

The following resolutions of the Senate were read and adopted:

SR 328. By Senators Fincher of the 54th, Tysinger of the 41st, Broun of the 46th and others:
A resolution commending the University System of Georgia Outstanding Schol ars on Academic Recognition Day.

SR 333. By Senators Kidd of the 25th, Gillis of the 20th, Brannon of the 51st and others: A resolution wishing a speedy recovery for Honorable George T. Bagby.

SR 338. By Senators McKenzie of the 14th, Turner of the 8th and Pollard of the 24th: A resolution commending Georgia Citizens for the Arts.

SR 339. By Senator Pollard of the 24th:
A resolution commending the students, faculty, and administration of Washington-Wilkes Comprehensive High School.

SENATE CALENDAR Monday, January 22, 1990 SIXTH LEGISLATIVE DAY
SB 250 Certified Real Estate Appraisers Act--create (Substitute) (Gov Op--25th) SB 414 Probate Courts--change costs for certain services (Gov Op--25th) SB 415 Municipal Elections--dates (Gov Op--25th) SB 416 Fire Safety Requirements--exemptions certain buildings (Gov Op--25th) SB 417 Flexible Employee Benefit Plan--welfare benefits (Gov Op--25th) SB 497 Gubernatorial Candidates--financial disclosure (Gov Op--45th) SR 305 Governor's Commission on Social Status of Black Males--create (C Aff--39th) HB 10 State Court Retired Judge/Judge Emeritus--compensation (Judy--49th) HB 192 State Court Judge--residency requirements (Judy--20th) HB 319 Workers' Compensation--third-party tort-feasors (Amendment) (I&--45th) HB 686 Workers' Compensation Insurance--relating to out-of-state mail order pharma
cies (Amendment) (I&L--45th) SB 33 Insurance Consumer Advocate--provide with funding (Amendments) (Ins--55th) SB 36 Insurance Consumer Advocate--provide (Amendments) (Ins--55th)

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The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 250. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of certain real estate appraisers; to provide a short title; to provide definitions; to create the Georgia Real Estate Appraisers Board and provide for the member ship, qualifications, terms, officers, powers, duties, authority, compensation, ex penses, quorum, practices, and procedures thereof.
The Senate Committee on Governmental Operations offered the following substitute to SB 250:
A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification or licensing and regulation of real estate appraisers; to provide for the classification of real estate appraisers; to provide a short title; to define certain terms; to create the Georgia Real Estate Appraisers Board and to provide for the membership, qualifications, terms, officers, powers, duties, au thority, compensation, expenses, quorum, practices, and procedures thereof; to provide for the board to be attached to the Georgia Real Estate Commission for administrative pur poses; to provide for the determination of fees; to provide for the status of any license or certification issued by the board to an employee of the Georgia Real Estate Commission; to provide for a seal; to provide for the use of records as evidence; to provide for applications for certification or licensing; to provide education and examination qualifications for certifi cation or licensing; to provide for continuing education as a condition for renewal of a certi fication or license; to provide for certification and license requirements applicable to nonres idents; to provide for wall certificates and the use of certification and license numbers; to provide for certification, license, examination, and renewal fees generally; to provide for re activation in cases where a certification or license has lapsed; to provide for inactive certifi cations and licenses; to provide for fees for schools and instructors offering approved courses required of real estate appraisers; to provide exceptions; to provide certain penalty fees; to provide for the disposition of fees collected; to provide for the granting, revocation, or sus pension of certifications and licenses; to provide for hearings and the applicability of Chap ter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for the applica bility of Chapter 7 of Title 14, the "Georgia Professional Corporation Act"; to provide requisites for maintaining certain civil actions; to provide for violations by appraisers, schools, and instructors; to provide penalties; to provide for the use of the term "certified" in connection with appraisal reports; to provide for the use of the terms "certified general real estate appraiser" and "certified residential real estate appraiser" only under certain conditions; to prohibit the issuance of a certification or license to a corporation, partnership, firm, or group; to provide for specialized services; to provide for investigations; to provide for injunctive actions by the Attorney General; to provide exceptions under this Act; to provide that a person taking certain actions shall be deemed an appraiser; to provide for cease and desist orders by the board; to provide penalties with respect to such actions; to provide for judicial review; to provide for the effect on other remedies; to provide that cer tain actions relating to appraisal activity shall constitute crimes; to provide a criminal pen alty; to provide for termination of the Georgia Real Estate Appraisers Board on July 1, 1994, and the specific repeal of this Act on such date; to provide a conditional effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions

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and businesses, is amended by adding between Chapters 39 and 40 a new Chapter 39A to read as follows:
"CHAPTER 39A
43-39A-1. This chapter shall be known and may be cited as the 'Real Estate Appraiser Licensing and Certification Act.'
43-39A-2. As used in this chapter, the term:
(1) 'Analysis' means a study of real estate or real property other than one estimating value.
(2) 'Appraisal' or 'real estate appraisal' means a study, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis.
(3) 'Appraisal report' means any communication, written or oral, of an appraisal. For purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral ap praisal report.
(4) 'Appraiser' means any person who is a licensed real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser.
(5) 'Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter.
(6) 'Certified appraisal' or 'certified appraisal report' means an appraisal or appraisal report given and signed and certified as such by a certified real estate appraiser. When identifying an appraisal or appraisal report as certified, the certified real estate appraiser must indicate which type of certification is held. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter.
(7) 'Certified general real estate appraiser' means a person who for another for a valua ble consideration engages in real estate appraisal activity on any type of real property and who holds a current, valid general certification issued under the provisions of this chapter.
(8) 'Certified residential real estate appraiser' means a person who for another for a valuable consideration engages in real estate appraisal activity on residential real property of one to four units and up to 12 units when a net income capitalization analysis is not required by the terms of the assignment and who holds a current, valid residential certifica tion issued under the provisions of this chapter.
(9) 'Commission' means the Georgia Real Estate Commission created in Code Section 43-40-2.
(10) 'Commissioner' means the real estate commissioner.
(11) 'Evaluation assignment' means an engagement for which an appraiser is employed or retained to give a study, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property.
(12) 'Federally related transaction' means any real estate related financial transaction which (A) a federal financial institutions regulatory agency or the Resolution Trust Corpora tion engages in, contracts for, or regulates; and (B) requires the services of an appraiser.
(13) 'Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased study, opinion, or conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property.
(14) 'Licensed real estate appraiser' means a person who for another for a valuable consideration is authorized to engage in real estate appraisal activity only in transactions which are not federally related transactions as defined by the appraisal subcommittee estab-

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lished by the Federal Financial Institutions Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended, and such federally related transactions as the appraisal subcommittee may approve and who holds a current, valid license issued under the provisions of this chapter.
(15) 'Real estate' means an identified parcel or tract of land, including improvements, if any.
(16) 'Real estate appraisal activity' means the act or process of making an appraisal of real estate or real property and preparing an appraisal report.
(17) 'Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate.
(18) 'Specialized services' means services, other than independent appraisal assignments which are performed by a certified real estate appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclu sions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling.
(19) 'State' includes any state, district, territory, possession, or province of the United States or Canada.
(20) 'Valuation' means an estimate of the value of real estate or real property.
(21) 'Valuation assignment' means an engagement for which an appraiser is employed or retained to give a study, opinion, or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time.
43-39A-3. (a) There is created the Georgia Real Estate Appraisers Board, which shall consist of five members. All members must be residents of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. Four members shall be real estate appraisers who have been actively engaged in the real estate appraisal business for at least three years. In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers who do not hold an active, occupational license which authorizes their work in real estate brokerage or mortgage lending activities, who do not have a financial interest in any real estate brokerage firm or mortgage lending firm, and who are not employees of real estate brokerage firms or mortgage lending firms.
(b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate.
(c) Each real estate appraiser member of the board appointed after January 1, 1991, must be a certified real estate appraiser. Two of the appraiser members shall be certified general real estate appraisers, and two shall be certified residential real estate appraisers.
(d) The term of each member shall be three years and until the appointment and quali fication of a successor, except that, of the members first appointed, two shall serve for three years, two shall serve for two years, and one shall serve for one year. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so ap pointed shall serve for the remainder of the unexpired term.
(e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a mem ber of the board for more than two consecutive terms. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members;

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(2) Incompetence; or
(3) Dishonest conduct.
(f) The members of the board shall annually elect a chairman from among the members to preside at board meetings.
(g) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairman shall deem it necessary to give full considera tion to the business before the board. A quorum of the board shall be three members. Mem bers of the board or others may be designated by the chairman of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of real estate appraisal activity.
(h) Each member of the board shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and for time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of official duties.
(i) The commission shall supply staff support for the board. The commissioner shall serve as executive officer of the board. The commissioner shall be charged with the duties and powers as delegated by the board.
43-39A-4. The board is authorized to establish the amount of any fee which it is author ized by this chapter to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board.
43-39A-5. Any license or certification issued to an employee of the commission by the board shall be on inactive status during the time of the employee's employment with the commission. Any such employee shall not be required to pay a fee to keep a license or certification on an inactive status. Such license or certification shall be taken off inactive status and returned to the employee when that person's employment ends.
43-39A-6. The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Real Estate Appraiser Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals.
43-39A-7. Any person desiring to act as a certified or licensed real estate appraiser must file an application for a license or certification with the board. The application shall be in such form and detail as the board shall prescribe, setting forth the following:
(1) The name and address of the applicant and the name under which the applicant intends to conduct business;
(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3) Such other information as the board shall require.
43-39A-8. (a) (1) In order to qualify as a licensed real estate appraiser, an applicant must:
(A) Make application therefor within one year of the effective date of this chapter;
(B) Have attained the age of 18 years;
(C) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;

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(D) Be a high school graduate or the holder of a general education development equivalency diploma; and
(E) Furnish evidence of completion of at least 75 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice.
(2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of license without a hearing.
(b) (1) In order to qualify as a certified residential real estate appraiser, an applicant must:
(A) Have attained the age of 18 years;
(B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;
(C) Be a high school graduate or the holder of a general education development equivalency diploma;
(D) Furnish evidence that he or she has a college degree or has successfully completed not less than 75 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice; and
(E) After meeting the requirements of subparagraph (D) of this paragraph, stand for and pass an examination administered by or approved by the board covering generally the matters confronting certified residential real estate appraisers.
(2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of certification without a hearing.
(c) (1) In order to qualify as a certified general real estate appraiser, an applicant must:
(A) Have attained the age of 18 years;
(B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;
(C) Be a high school graduate or the holder of a general education development equivalency diploma;
(D) Furnish evidence that he or she has a college degree or has successfully completed not less than 165 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice; and
(E) After meeting the requirements of subparagraph (D) of this paragraph, stand for and pass an examination administered by or approved by the board covering generally mat ters confronting certified general real estate appraisers.
(2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of certification without a hearing.
(d) During the first year after this chapter becomes effective, any person who can demonstrate to the satisfaction of the board at least two years of experience in real property appraisal supported by adequate written reports or file memoranda acquired within a period of five years immediately preceding the filing of the application for certification may take the examination for general certification or the examination for residential certification dur ing the first year certification is offered, provided that such person has successfully com pleted a 15 classroom hour course relating to standards of professional practice. The test may be taken as often as it is offered by the board within the first year. A passing grade on the examination will qualify the applicant for certification without the prerequisite for ei ther a college degree or 165 classroom hours of courses and subjects related to real estate appraisal. If the applicant is unable to pass the examination during the first year, he or she must fulfill all of the prerequisites set forth in subsection (b) or (c), as appropriate, of this Code section.

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(e) As a prerequisite to renewal of a license or certification, an appraiser shall present evidence satisfactory to the board of having successfully completed or instructed, during the immediately preceding term of licensure or certification, a board approved continuing edu cation course or courses of not less than ten hours of in-class instruction for each year of the renewal period for certified residential real estate appraisers and certified general real estate appraisers and 20 hours of in-class instruction for each year of the renewal period for li censed real estate appraisers. No appraiser whose license or certification has been placed on inactive status shall be allowed to reactivate a license or certification unless the provisions of this subsection are met in addition to any other requirements of this chapter.
(f) The board, through its rules and regulations, shall establish standards for offering of all education courses required by this Code section.
(g) Instructors in all of the approved courses must be approved by the board and, where the board deems necessary, receive any special instruction that the board may require.
(h) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or certification or denial of renewal of a license or certification without further hearing. No fees or portion of fees paid shall be re funded if an appraiser fails to meet the continuing education provisions of this chapter.
(i) Notwithstanding any other provision of this Code section, the board is authorized to require additional hours of educational courses for applicants for certification or of continu ing education for certified general or residential real estate appraisers, if the federal govern ment adopts higher minimum hours for certified general or residential real estate appraisers, provided that the board does not require more than those minimum hours required by the federal government.
43-39A-9. (a) Every applicant for licensure or certification under this chapter who is not a resident of Georgia shall submit, with the application for certification, an irrevocable con sent that service of process upon the applicant may be made by delivery of the process to the real estate commissioner, if, in an action against the applicant in a court of Georgia arising out of the applicant's activities as an appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.
(b) A nonresident of Georgia who has complied with the provisions of subsection (a) of this Code section may obtain a license or certification by conforming to all of the provisions of this chapter relating to the license or certification sought.
(c) If the federal government approves another state's certification laws for real estate appraisers, an applicant who is certified under the laws of such other state may obtain a similar certification as a certified real estate appraiser in Georgia upon, at the time of filing an application:
(1) Meeting the requirements of subsection (a) of this Code section;
(2) Paying any required fees;
(3) Causing the licensing body of the applicant's resident state, or any other state in which the applicant may be licensed or certified, to furnish to the board a certification of licensure or certification and copies of the records of any disciplinary actions taken against the applicant's license or certification in that or other states. The imposition of a discipli nary action by any other lawful licensing authority may be grounds for denial of license or certification to a nonresident or for suspension or revocation of the license or certification issued to a nonresident;
(4) Agreeing in writing to cooperate with any investigation initiated under this chapter by promptly supplying any documents any authorized investigator of the board may request and by personally appearing in the board's offices or other location in Georgia as the board's investigator may request. If the board sends by certified mail to the last known business address of a nonresident appraiser a notice to produce documents or to appear for an inter view with an authorized investigator or the board and the nonresident appraiser fails to

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comply with that request, the board may impose on the nonresident appraiser any discipli nary sanction permitted by this chapter; and
(5) Signing a statement that the applicant has read this chapter and its rules and regu lations and agrees to abide by its provisions in all real estate appraisal activity in Georgia.
43-39A-10. (a) The board shall prescribe the form of a wall certificate to denote that an individual is a licensed real estate appraiser or a certified real estate appraiser, as the case may be. The board shall mail the wall certificate to the appraiser whose duty it shall be to display the wall certificate conspicuously in the appraiser's place of business. The board shall also prepare and deliver a pocket card indicating that the person whose name appears thereon is a licensed real estate appraiser or certified real estate appraiser, as the case may be.
(b) A license or certificate issued under authority of this chapter shall bear a number assigned by the board. When signing an appraisal report, a licensed real estate appraiser shall place his or her license number adjacent to or immediately below his or her title of 'Licensed Real Estate Appraiser.' When signing an appraisal report, a certified general or residential real estate appraiser shall place his or her certificate number adjacent to or im mediately below the title of 'Certified Residential Real Estate Appraiser' or 'Certified Gen eral Real Estate Appraiser,' as appropriate. Such license or certificate number shall also be used in all statements of qualification, contracts, or other instruments used by the appraiser when reference is made to his or her licensed or certified status.
(c) License documents, certificates, and pocket cards shall remain the property of the board and, upon any suspension or revocation of a license or certification pursuant to this chapter, the individual holding the related license document, certificate, or pocket card shall immediately return such license document, certificate, or pocket card to the board.
43-39A-11. (a) To pay its share of the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the board shall establish rea sonable fees in accordance with Code Section 43-39A-4 and in accordance with its rulemaking authority. No fee or portion of a fee required under this chapter which is paid to the board shall be refunded. Each appraiser shall be responsible for paying his or her own fees.
(b) If the board administers an examination, at the time an application for examination is submitted, the board shall collect from the applicant a fee for the examination and an investigation fee if necessary. Except under the circumstances provided for in subsection (d) of Code Section 43-39A-8, if an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits.
(c) Prior to the issuance of an original license or certification, each applicant shall pay an activation fee in advance.
(d) All licenses and certifications shall be renewed periodically as_determined by the board in its rules and regulations, and the board shall charge a fee for any such license or certification renewed. The time for renewal of a license or certification and the number of years for which it may be renewed shall be in the discretion of the board. All fees shall be deposited into the state treasury for the expenses of the board. This Code section shall not obviate any other fees or conditions required to maintain such license or certification in accordance with this chapter. A license or certification not renewed in accordance with this subsection shall be lapsed.
(e) Applications and fees must be filed personally in the board's offices during regular business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service.
(f) Any appraiser whose license or certification lapses for failure to pay a renewal fee may reactivate that license or certification 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 or certification was lapsed plus a reactivation fee. If any

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appraiser allows a license or certification to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the appraiser may have that license or certification reinstated by paying the total amount of all renewal fees and late charges which would have been due during the period when the license or certification was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the board may require. Any appraiser whose license or certification has lapsed for longer than ten years and who seeks to have that license or certification reinstated must requalify as an original appli cant as set forth in Code Section 43-39A-8. The board may refuse to renew a license or certification if the appraiser has continued to perform real estate appraisal activities follow ing the lapsing of that license or certification.
(g) Any appraiser who does not wish to be actively engaged in the real estate appraisal business may continue a license or certification by making a written request within 14 days of ceasing work that the license or certification be placed on inactive status. Any appraiser whose license or certification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate a license or certification held on inactive status, an appraiser must make application to the board prior to resuming real estate appraisal activ ity. Any appraiser who seeks to reactivate a license or certification which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the ap praiser's license or certification was placed on inactive status.
(h) Any appraiser who places a license or certification on inactive status shall be re quired to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the license or certification shall be lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the commission of the new address, in writing, within 14 days.
(i) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of a license or certification or for imposing any sanction permitted by this chapter.
(j) Any school approved to offer required education courses under this chapter and any instructors approved to teach those courses, except units of the University System of Geor gia and faculty members of the units of the University System of Georgia offering approved courses, shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the board may require.
(k) A reasonable fee, not to exceed the renewal fee charged for a license or certification, may be imposed by the board on any applicant or appraiser who:
(1) Fails to notify the board in writing within 14 days of a change of address; or
(2) Fails to respond within 14 days to a written inquiry from the board requesting fur ther information on any application the applicant or appraiser has filed with the board.
(1) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for certified appraisers as set forth in 12 U.S.C. Section 3338.
43-39A-12. All fees collected pursuant to this chapter shall be deposited by the board into the state treasury. Out of the funds thus arising shall be paid the expenses contem plated in this chapter for the administration and enforcement of this chapter. All expendi tures authorized by the board shall be paid from the funds received pursuant to this chap ter. The expenses of the board and its support staff must always be kept within the income collected and deposited in accordance with this chapter; and the expenses thereof shall not be supported or paid from any other state fund or licensing authority.
43-39A-13. The board, through its rules and regulations, shall have the full power to

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regulate the issuance of licenses and certifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for licenses and certifications consis tent with this chapter, to regulate approved courses and instructors, and to establish stan dards for real estate appraisals.
43-39A-14. (a) Licenses or certifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real es tate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board.
(b) Where an applicant for a license or certification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license or a certification. As used in this chapter, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation else where; and, as used in this chapter, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Where an applicant for a license or a certification has been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude and where such appli cant was granted first offender treatment without adjudication of guilt pursuant to the charge, or pleaded nolo contendere to such charge, such sentencing in itself may be a suffi cient ground for refusal of a license or a certification. An applicant for a certification who has been convicted of any offense enumerated in this subsection may be certified by the board only if:
(1) At least five years have passed since the applicant was convicted, sentenced, or re leased from any incarceration, whichever is later;
(2) No criminal charges are pending against the applicant; and
(3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.
(c) Where an applicant or an appraiser has been found guilty of a violation of the fed eral fair housing law or the state fair housing law by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such convic tion may in itself be a sufficient ground for refusal of a license or a certification or the imposition of any sanction permitted by this chapter.
(d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license or certification.
(e) Grounds for suspension or revocation of a license or certification, as provided for by this chapter, shall also be grounds for refusal to grant a license or certification.
(f) The conduct provided for in subsections (b) through (d) of this Code section which relates to the denial of a license or a certification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser.
(g) If an appraiser:
(1) Voluntarily surrenders a license or certification to the board;
(2) Allows a license or certification to lapse due to failure to meet education require ments provided by law; or
(3) Allows a license or certification to lapse due to failure to pay any required fees after

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the board has filed a notice of hearing alleging that such appraiser has violated any provi sion of this chapter but before the board enters a final order in the matter, then upon sub mission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new license or certification to such person.
(h) Where an applicant for a license or certification has been sanctioned by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a license or certification. An applicant for a license or certifi cation who has had a license or certification revoked by any occupational licensing body of this state, any other state, or any foreign country may be licensed or certified by the board only if:
(1) At least five years have passed since the date that applicant's occupational license or certification was revoked;
(2) No criminal charges are pending against the applicant at the time of application; and
(3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.
(i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that conviction. Such appraiser's license or certification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter.
43-39A-15. (a) If the board, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to accept the application, the board shall pro vide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-39A-16. (a) If an appraiser changes a residence or place of business address, such appraiser shall notify the board, in writing, within 14 days of such change.
(b) Nothing contained in this chapter shall be deemed to prohibit an appraiser from engaging in the practice of real estate appraisal activity as a professional corporation in accordance with the provisions of Chapter 7 of Title 14, the 'Georgia Professional Corpora tion Act.'
43-39A-17. (a) After July 1, 1991, no person engaged in the business of real estate ap praisal activity in Georgia or acting in the capacity of an appraiser in Georgia may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal services for which a license or a certification is required by this chapter without alleging and proving that such person was licensed or certified in Georgia at all times during the performance of such services.
(b) The board by and through the commissioner may bring an action for any violation of this chapter.
43-39A-18. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools or instructors; to revoke or suspend any license or certification 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

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chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or in struction; or to utilize any combination of these sanctions which the board may deem appro priate whenever a license or certification, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever an appraiser, an approved school, or an approved instructor has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any standard of conduct, including, but not limited to, the following acts or omissions:
(1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination;
(2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substan tially another person;
(3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered;
(4) Engaging in the business of real estate appraisal activity under an assumed or ficti tious name not properly registered in this state;
(5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connec tion with an appraisal of real estate or real property;
(6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
(7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency;
(8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board;
(9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(11) Accepting an independent appraisal assignment when the employment itself is con tingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the apprarsal assignment;
(12) Failure to retain for a period of three years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The three-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such three-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the three-year period for the retention of records shall commence upon the date of the final disposition of such litigation;
(13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board;
(14) Performing any appraisal beyond the scope of authority granted in the license or certification held; and

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(15) Demonstrating incompetency to act as an appraiser in such a manner as to safe guard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing.
(b) In a disciplinary proceeding based upon a civil judgment, an appraiser shall be af forded an opportunity to present matters in mitigation and extenuation but may not collat erally attack the civil judgment.
(c) When an appraiser has previously been sanctioned by the board or by any other state's real estate appraiser licensing authority, the board may consider such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated any provision of this chapter or any of the rules and regulations of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individual's license or certification after opportunity for a hearing.
43-39A-19. (a) No person other than a certified general real estate appraiser or certified residential real estate appraiser shall assume or use such title or any title, designation, or abbreviation likely to create the impression of certification as a real estate appraiser. A per son who is not certified pursuant to this chapter shall not describe or refer to any appraisal report or any appraisal or other evaluation of real estate by the term 'certified.'
(b) Subsection (a) of this Code section shall not preclude a licensed real estate ap praiser from appraising real estate for compensation. However, any appraisal report pre pared by a licensed real estate appraiser must, whenever appropriate, include a statement that the appraisal report may not be eligible for use in a federally related loan transaction.
(c) The terms 'certified general real estate appraiser' and 'certified residential real es tate appraiser' may only be used to refer to individuals who hold such certification and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group or in such manner that it might be interpreted as refer ring to a firm, partnership, corporation, group, or anyone other than an individual holder of the certification.
(d) No license or certification shall be issued under the provisions of this chapter to a corporation, partnership, firm, or group.
43-39A-20. (a) A client or employer may retain or employ an appraiser to act as a disin terested third party in rendering an unbiased valuation or analysis. A client or employer may also retain or employ an appraiser to provide specialized services to facilitate the cli ent's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this chapter.
(b) For the purposes of this chapter, the term 'specialized services' as defined in Code Section 43-39A-2 means those appraisal services which do not fall within the definition of independent appraisal assignment. The term 'specialized services' may include valuation work and analysis work. Regardless of the intention of the client or employer, if the ap praiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an independent appraisal assignment and not 'specialized services.'
(c) An appraiser may not accept a fee for an independent appraisal assignment that is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or is contingent upon the opinion, conclusion, analysis, or valuation reached or upon the consequences resulting from the independent appraisal assignment.
(d) An appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.
(e) If an appraiser enters into an agreement to perform specialized services for a contin gent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in such report, in each letter of transmittal, and in the certification statement made by the appraiser in such report.

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191

(f) Any appraiser who performs specialized services for which any other law requires licensure, certification, or registration must first obtain that licensure, certification, or regis tration before undertaking any such specialized services.
43-39A-21. (a) Before the board shall impose on any appraiser any sanction permitted by this chapter, it shall provide for a hearing for such appraiser in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) If any appraiser or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser or applicant and take action as if such appraiser or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser or applicant by personal service or by certified mail, return receipt re quested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is undeliverable and if the appraiser or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the appraiser or applicant.
(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-39A-22. (a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, or instructor ap proved by the board. Except for investigations of applicants for licensure or certification, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter oc curred within three years of the initiation of the investigation.
(b) Any person authorized to conduct an investigation on behalf of the board shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the board.
(c) In the conduct of an authorized investigation, the chairman of the board or the commissioner may issue subpoenas to compel production of such writings, documents, or material on behalf of the board. After the service of a notice of hearing, the commissioner or chairman of the board may issue subpoenas to compel production of such writings, docu ments, or material, either on behalf of the board or at the request of a respondent. The board or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court.
(d) The results of all investigations shall be reported only to the board or to the com missioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its desig nated hearing officer, review by anther law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of all members of the board, review by the respondent after the service of a notice of hearing, review by the board's legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent.
(e) Whenever the board revokes or suspends for more than 60 days a license or certifi cate, a school approval, or an instructor approval or whenever an appraiser, an approved school, or an approved instructor surrenders a license, a certificate, or an approval to the

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board after the board has filed a notice of hearing, the board shall publish the name of such appraiser, approved school, or approved instructor in its official newsletter.
(f) The board shall have the authority to exclude all persons during the board's or the staff of the board's:
(1) Deliberations on disciplinary proceedings;
(2) Meetings with an appraiser or an applicant or the legal counsel of that appraiser or applicant in which the appraiser or applicant seeks to settle a contested case as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
(3) Review of the results of investigations initiated under this Code section.
43-39A-23. Whenever, in the judgment of the board, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney Gen eral may maintain an action in the name of the state in the superior court of the county in which such violation occurred to abate and enjoin temporarily or permanently such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond.
43-39A-24. (a) Except as provided in this Code section, on and after July 1, 1991, it shall be unlawful for anyone to engage in real estate appraisal activity in this state without first obtaining a license or certification as provided in this chapter. This Code section shall not be construed to apply to individuals who do not render significant professional assis tance in arriving at a real estate appraisal analysis, valuation, opinion, or conclusion. Noth ing in this chapter shall be construed to prohibit any person who is licensed to practice in this state under any other law from engaging in the practice for which such person is licensed.
(b) This chapter shall not apply to a real estate broker or salesperson licensed by this state who, in the ordinary course of brokerage business, gives an opinion as to the price of real estate for the purpose of a prospective listing or sale; provided, however, that this opin ion as to the listing price or the sale price shall not be referred to as an appraisal; and provided, further, that no compensation, fee, or other consideration is charged for such opinion other than the real estate commission or brokerage fee that is charged or paid for brokerage services rendered in connection with the sale of the real property involved.
(c) The provisions of this chapter shall not be applicable to the appraisal or other eval uation of standing or growing timber located in this state. No person licensed in this chapter who is not also a registered forester as defined in paragraph (3) of Code Section 12-6-41 shall describe or refer to any appraisal or other evaluation of growing timber located in this state by the term 'certified.' A person who is a registered forester under said Code section shall be authorized to describe or refer to any appraisal or other evaluation of standing or growing of timber located in this state by the use of the term 'certified.'
43-39A-25. (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration offers, attempts, or agrees to perform or performs any single act of real estate appraisal defined in Code Section 43-39A-2, whether as a part of an appraisal or as an appraisal, shall be deemed an appraiser within the mean ing of this chapter. The commission of a single such act by a person who is required to have a license or certification under this chapter but who is not so licensed or certified shall constitute a violation of this chapter.
(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, an appraiser within this state without first obtaining a license or certification as provided in this chapter.
(c) Notwithstanding any other provisions of law to the contrary, after notice and hear ing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of an appraiser without a license or certification.

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193

(d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation.
(e) Initial judicial review of the decision of the board entered pursuant to this Code section or an action for enforcement of such decision shall be available solely in the superior court of the county of domicile of the board.
(f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
43-39A-26. Any person acting as an appraiser within the meaning of this chapter with out a license or certification and any person who violates any other provision of this chapter shall be guilty of a misdemeanor.
43-39A-27. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Appraisers Board shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. This Act shall become effective only upon the specific appropriation of funds by the General Assembly necessary to implement the requirements of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon ^roun B.urton Clay Coleman
Collins Dawkins
Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner Gillis Hammill 2arnS ^ Howard Huggins
Kennedy Kidd
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd ^ay gcott of 2nd Scott of 36th ,,, . f umake
StaTM , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

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Those not voting were Senators:

Barker

Johnson

Land

On the passage of the bill, the yeas were 53, nays 0.

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

SB 414. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean
Echols Edge Egan 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 Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Not voting were Senators Barker and Garner.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-51 of the Official Code of Georgia Annotated, relating to the date of municipal elections, so as to change the provisions relating to dates of municipal elections.

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

MONDAY, JANUARY 22, 1990

195

Broun Burton Clay Coleman Collins
eal

Gillis Hammill Harris Howard Huggins
Johnson

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott Qf 2nd

Edge Egan
English Engram Fincher Foster Fuller Garner

Land Langford
McKenzie Newbill Olmstead Parker Peevy Perry

, Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker

Dawkins

Shumake

On the passage of the bill, the yeas were 53, nays 0.

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

SB 416. By Senator Kidd of the 25th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to requirements pertaining to fire protection and safety with respect to buildings presenting special hazards to persons or property, so as to provide an exemption with respect to certain buildings which meet the fire safety and build ing standards of local political subdivisions.

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 Dawkins
Deal Dean Echols Egan English

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

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

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JOURNAL OF THE SENATE

Voting in the negative were Senators Phillips and Ragan of the 32nd.

Those not voting were Senators:

Coleman

Edge

McKenzie

On the passage of the bill, the yeas were 51, nays 2.

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

SB 417. By Senators Kidd of the 25th, Walker of the 43rd, Shumake of the 39th and others:
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 and the establishment of flexible employee benefit plans, so as to provide that the employee welfare benefits under flexible employee benefit plans may be operated as a self-insured plan in whole or in part or by contract with an authorized company.

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 roun BCluaryton

English Engram Fincher Foster Fuller Garner Gillis HammM HHoawmasrd

CCoollleimnsan
Dawkins Deal Dean Echols Edge Egan

JKoehnnnseodny
Kidd Land Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott rf 36th S0h, umak, e
^Sttaurmr baugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Huggins

Langford

McKenzie

On the passage of the bill, the yeas were 53, nays 0.

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

SB 497. By Senators Dawkins of the 45th, Foster of the 50th and Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to filing of financial disclosure statements by public officers and candi dates for public office, so as to provide for certain financial disclosure on the part

MONDAY, JANUARY 22, 1990

197

of candidates for Governor; to require disclosure of certain transactions with gov ernmental entities; to require disclosure of certain income from parties repre sented by registered agents.
Senator Barnes of the 33rd offered the following amendment:
Amend SB 497 by adding after "interest" on line 32, page 2, and line 8, page 3, the following:
"or is an officer of such business".
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

Senator Barnes of the 33rd offered the following amendment:
Amend SB 497 by inserting in line 10 on page 1 between the word and semicolon "statements;" and the word "to" the following:
"to require disclosure relative to members of the family of a candidate for Governor being registered agents for the purpose of aiding or opposing the enactment of legislation by the General Assembly;".
By striking the word "and" where it appears at the end of line 27 on page 3 and by striking the period where it appears at the end of line 33 on page 3 and inserting in lieu thereof the following:
"; and".
By adding immediately following line 33 on page 3 a new subparagraph (C) to read as follows:
"(C) A statement showing the name and address of any member of the candidate's family who has, within the five years immediately preceding the date of the financial disclo sure statement required by paragraph (1) of this subsection, been a registered agent for the purposes of Code Section 28-7-2, and such statement shall also show the person on whose behalf the member of the family was acting as a registered agent and the compensation received for such service during the year immediately preceding the date of the statement."
By striking subparagraph (B) where the same appears in lines 21 through 24 on page 4 and inserting in lieu thereof the following:
"(B) As used in this subsection, the term:
(i) 'Member of the family' means the candidate's spouse, mother, father, and child, whether or not any of such members of the family are dependents of the candidate; and
(ii) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20."

On the adoption of the amendment, the yeas were 44, 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

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Brannon Broun Burton Clay Coleman C 011 "18
awklns _DTEE.,dceeh,gaaoenl,s Egan English Engram Fincher Foster Fuller

Garner Gillis Hammill Harris Howard Huggins
Johnson KTKL^aie-dnJndJdn. edy Langford Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd
Scott of 36th SSSc_uhttuaurmmr b,aakuegh, Tate Taylor Timmons Turner Tysinger Walker

Not voting was Senator McKenzie.

On the passage of the bill, the yeas were 55, nays 0.

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

Senator Phillips of the 9th introduced Honorable Newt Gingrich, United States Repre sentative from Georgia's 6th District, who briefly addressed the Senate.

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

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

SR 305. By Senators Shumake of the 39th, Tate of the 38th, Scott of the 36th and others:
A resolution creating the Governor's Commission on the Social Status of Black Males.

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 Coleman Deal Dean Echols

Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins

Johnson Kidd Langford McKenzie Olmstead Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd

MONDAY, JANUARY 22, 1990

199

Scott of 36th Shumake Stumbaugh

Tate Taylor Turner

Tysinger Walker

Those not voting were Senators:

Burton Clay Collins Dawkins

Edge Kennedy (presiding) Land Newbill

Phillips Ragan of 32nd Starr Timmons

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 bill of the House, having been read the third time on January 8, 1990, and committed to the Senate Committee on Judiciary, and favorably reported by the committee, was put upon its passage:

HB 10. By Representative Groover of the 99th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court.
Senate Sponsor: Senator Deal of the 49th.

Senator Deal of the 49th offered the following amendment:

Amend HB 10 by striking on line 26, page 1, the numbers "47-8-64" and substituting in lieu thereof the numbers "15-1-9.2", and
By striking on line 21, page 2, the numbers "47-8-64" and substituting in lieu thereof the numbers "15-1-9.2".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Deal Dean Echols Edge Egan

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

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Shumake Stumbaugh Tate

Taylor Turner

Tysinger Walker

Those not voting were Senators:

Barnes Coleman Collins

Dawkins Kennedy (presiding)

Starr Timmons

On the passage of the bill, the yeas were 49, 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 364. By Senator Tate of the 38th:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide an effective date of certain com pensation increases for municipal officers and employees; to provide for intent; to provide an effective date.

The House amendment was as follows:

Amend SB 364 by striking the word "no" on line 1, page 2, and inserting in lieu thereof the following:
"the provisions with respect to compensation of any"; and by adding the word "not" after the word "shall" on line 4, page 2; and by striking "January" on line 5, page 2, and inserting in lieu thereof
"the fiscal year of such municipal corporation".

Senator Tate of the 38th moved that the Senate agree to the House amendment to SB 364.

Senator Land of the 16th moved that the amendment be printed.

On the motion offered by Senator Land of the 16th, which motion takes precedence, the yeas were 27, nays 2; the motion prevailed, and the amendment was ordered printed.

On the motion offered by Senator Tate of the 38th to agree to the House amendment, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Broun
Burton Clay Coleman Collins Dawkins

Deal Dean Echols Edge Egan
English Engram Fincher Foster Fuller

Garner Gillis Hammill Huggins Johnson
Kidd Land Langford McKenzie Newbill

MONDAY, JANUARY 22, 1990

201

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:

Allgood
Bowen Brannon

Harris Howard

Kennedy (presiding) Scott of 2nd

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 364.

Senator Allgood of the 22nd introduced Honorable Wyche Fowler, United States Sena tor from Georgia, who briefly addressed the Senate.

The following general bill of the House, having been read the third time on January 8 and committed to the Senate Committee on Judiciary, and favorably reported by the com mittee, was put upon its passage:

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.
Senate Sponsor: Senator Gillis of the 20th.

Senator Parker of the 15th offered the following amendment:

Amend HB 192 by striking from line 3, page 2: "of not less than one nor more than 20 days", and inserting in lieu thereof "15 days".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay

Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins

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JOURNAL OF THE SENATE

Johnson 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 Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Howard

Kennedy (presiding) Langford

McKenzie

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

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

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

HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons provid ing workers' compensation benefits.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following amendment:

Amend HB 319 by striking line 8 of page 1 in its entirety and inserting in lieu thereof the following:
"professionals and certain employees of such professionals among those excepted from action; to provide conditions; to provide a".
By striking lines 14 and 15 of page 2 in their entirety and inserting in lieu thereof the following:
"professional services on the construction site on which the employee was working when injured,".
By striking on line 21 of page 2 the word "physical" and inserting in lieu thereof the word "tortious".
By striking on line 24 of page 2 the word "project" and inserting in lieu thereof the word "site".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

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

MONDAY, JANUARY 22, 1990

203

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen BBrroanunnon Burton Clay
Coleman Collins Dawkins Dean Echols Edge

Egan English Fincher Foster
Fuller Garner GHialmlismill Harris Howard
Huggins Johnson Kidd Land Olmstead Peevy

Perry Phillips Pollard Ragan of I0tn
Ragan of 32nd ^ ^0cot,.t off ,,2nd, Scott of 36th Stumbaugh
* ate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Parker.

Those not voting were Senators:

Deal Engram Kennedy (presiding)

Langford McKenzie Newbill

Shumake Starr

On the passage of the bill, the yeas were 47, nays 1.

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

The President resumed the Chair.

The following resolution of the Senate was read and adopted:

SR 337. By Senators Ragan of the 32nd, Hammill of the 3rd and Scott of the 2nd: A resolution welcoming representatives from the Soviet pulp and paper industry.

Senator Ragan of the 32nd introduced the Russian representatives from the Soviet pulp and paper industry.

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

HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon require ments imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from out-of-state mail or der pharmacies.
Senate Sponsor: Senator Dawkins of the 45th.

The Senate Committee on Industry and Labor offered the following amendment:

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Amend HB 686 by striking on line 16 of page 1, on line 19 of page 1, and on line 7 of page 2 the following:
"1989",
and inserting in its place the following: "1990".

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 as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

Edge Egan English Engram Fincher Foster Fuller Garner Howard Kennedy Kidd Land Langford Newbill Olmstead Parker

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

Those not voting were Senators:

Gillis Hammill Harris

Huggins Johnson McKenzie

Ragan of 32nd 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 general bill of the Senate, having been read the third time on January 12 and postponed until January 22, was put upon its passage:

SB 33. By Senators Stumbaugh of the 55th, Taylor of the 12th, Foster of the 50th, Broun of the 46th and Peevy of the 48th:
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 provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.

Senator Allgood of the 22nd moved that the Senate do now adjourn.

MONDAY, JANUARY 22, 1990

205

On the motion, the yeas were 38, nays 0; the motion prevailed. Serving as doctor of the day today was Dr. John Gamwell of Atlanta, Georgia. At 12:12 o'clock P.M., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, January 23, 1990 Seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House:
HB 840. By Representatives Clark of the 20th, Ehrhart of the 20th, Howren of the 20th and Gresham of the 21st: A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of mem bers of the Authority and provide for qualifications and vacancies.
HB 1292. By Representatives Hamilton of the 124th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th, Dixon of the 128th and others: A bill to increase the amount of the homestead exemption from Chatham County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Chatham County actually occupied by the owner as a residence and homestead.
HB 1302. By Representatives Isakson of the 21st, Clark 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 provisions relating to the election of mayor and councilman.
HB 1186. By Representatives Jackson of the 9th and Barnett of the 10th: A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for attorney's fees in certain enforcement actions; to specify what adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed.
HB 1154. By Representative Alien of the 127th: A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed.

TUESDAY, JANUARY 23, 1990

207

HB 1215. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age and who has been specially appointed by the court as a process server.
HB 1152. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of prop erty in cases of permanent change of station orders or temporary duty orders for a period in excess of three months.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 465. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A resolution proposing an amendment to the Constitution so as to provide for the automatic appropriation of certain funds in the event a general appropria tions Act is not in force and effect at the commencement of a fiscal year.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 554. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds of counties, municipal corporations, and other governmental entities, so as to provide for the expendi ture of bond funds for purposes other than that stated in the public bond notice; to provide for related matters; to provide for an effective date.
Referred to Committee on Urban and County Affairs (General).
SB 555. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions.
Referred to Committee on Governmental Operations.
SB 556. By Senators Broun of the 46th and Foster of the 50th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the Board of Regents of the University System of Georgia is not subject to the Act; to provide that the State Board of Education and the Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education.
Referred to Committee on Education.

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SB 557. By Senator Allgood of the 22nd:
A bill to amend Chapter 22 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms relative to new and used passenger vehicles. Referred to Committee on Transportation.
SB 558. By Senator Allgood of the 22nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification and classification of professional personnel employed in the public schools of Georgia, so as to change the provisions relating to the fee charged for the renewal of certificates. Referred to Committee on Education.
SB 559. By Senator Allgood of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance contract in general, so as to provide requirements for the coverage and maximum benefit offered under a converted policy of accident and sickness insurance. Referred to Committee on Insurance.
SB 560. By Senators Burton of the 5th and Phillips of the 9th:
A bill to amend Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, so as to change certain provisions regarding termination of the commission; to provide for an effective date. Referred to Committee on Human Resources.
SB 561. By Senator Dawkins of the 45th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that a sheriff may not change or extend the place of confinement of a county inmate except when permitted by law or as directed by a court having competent jurisdiction. Referred to Committee on Special Judiciary.
SB 562. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to provide that the Board of Directors of the Metropoli tan Atlanta Rapid Transit Authority shall appoint and employ a director of labor relations. Referred to Committee on Urban and County Affairs.
SB 563. By Senators Pollard of the 24th and Deal of the 49th: A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire.
Referred to Committee on Natural Resources.
SB 564. By Senators Pollard of the 24th and Deal of the 49th: A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to add execu tor, administrator, or heirs and assigns of the mortgagor to the list of those per-

TUESDAY, JANUARY 23, 1990

209

sons who may execute a cancellation of a mortgage; to remove an incorrect refer ence within the provision relating to cancellation of mortgages. Referred to Committee on Judiciary.
SB 565. By Senator Johnson of the 47th:
A bill to amend Code Section 48-13-37 of the Official Code of Georgia Annotated, relating to preclusion of a right to bring an action for payment on a contract by a contractor in violation of the provisions relating to nonresident contractors, so as to allow cure to restore a right to bring an action on contract; to provide a civil penalty for failure to abide by the provisions relating to nonresident contractors; to provide for applicability. Referred to Committee on Industry and Labor.
SB 566. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to pro vide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license. Referred to Committee on Governmental Operations.
SB 567. By Senators Coleman of the 1st, Huggins of the 53rd and Olmstead of the 26th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped per sons; to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for certain persons authorized by nonprofit agencies to op erate vehicles, so as to change a reference to a certain Code section. Referred to Committee on Transportation.
SB 568. By Senator Foster of the 50th:
A bill to amend Code Section 50-12-41, relating to the creation of the Georgia State Games Commission, so as to provide that such commission shall be as signed to the Department of Natural Resources for administrative purposes only. Referred to Committee on Natural Resources.
SB 569. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying and classifying professional personnel employed in the pub lic schools, so as to provide that it shall be the duty of local school systems to ensure that children enrolled in high schools and middle schools are taught by teachers whose fields of certification are in the same classification areas as the courses taught by the teachers. Referred to Committee on Education.
SB 570. By Senators Scott of the 2nd, Langford of the 35th, Albert of the 23rd and others:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection. Referred to Committee on Consumer Affairs.

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SB 571. By Senator Howard of the 42nd:
A bill to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, defining personal care homes, so as to prohibit county boards of health from ex ercising certain functions regarding personal care homes. Referred to Committee on Human Resources.
SB 572. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change certain provisions relating to the ter mination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the repeal of the laws relating thereto.
Referred to Committee on Human Resources.
SB 573. By Senator Howard of the 42nd:
A bill to amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change the provisions relating to the termination of the State Board of Dispensing Opticians and the repeal of the laws relating thereto; to provide for an effective date. Referred to Committee on Human Resources.
SB 574. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to continue the Georgia Auctioneers Commission but provide for the later termination of the commission and the repeal of the laws relating thereto; to provide an effective date. Referred to Committee on Agriculture.
SB 575. By Senator English of the 21st:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide the penalties for such offenses. Referred to Committee on Agriculture.
SB 576. By Senator English of the 21st:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Equine Act," so as to provide that proof of a negative Coggins test for Equine Infectious Anemia shall be presented at the point of sale of all equines in the State of Georgia. Referred to Committee on Agriculture.
SR 335. By Senator Kennedy of the 4th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Tattnall County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.

TUESDAY, JANUARY 23, 1990

211

SR 336. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in McDuffie County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.
SR 341. By Senators Bowen of the 13th, Broun of the 46th, Turner of the 8th and Kidd of the 25th:
A resolution creating the Senate Legislative Process Study Committee. Referred to Committee on Rules.
SR 342. By Senators Ragan of the 10th, English of the 21st, Echols of the 6th and others:
A resolution urging the Georgia congressional delegation to support the extension of the federal excise tax exemption for ethanol blended motor fuel. Referred to Committee on Agriculture.
The following bills and resolution of the House were read the first time and referred to committees:
HB 1152. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of prop erty in cases of permanent change of station orders or temporary duty orders for a period in excess of three months. Referred to Committee on Defense and Veterans Affairs.
HB 1154. By Representative Alien of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed. Referred to Committee on Governmental Operations.
HB 1186. By Representatives Jackson of the 9th and Barnett of the 10th:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for attorney's fees in certain enforcement actions; to specify what adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed. Referred to Committee on Judiciary.
HB 1215. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger

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than 18 years of age and who has been specially appointed by the court as a process server.
Referred to Committee on Judiciary.

HR 465. By Representatives Walker of the 115th, Lee of the 72nd and Governor of the 99th:
A resolution proposing an amendment to the Constitution so as to provide for the automatic appropriation of certain funds in the event a general appropria tions Act is not in force and effect at the commencement of a fiscal year.
Referred to Committee on Appropriations.

HB 840. By Representatives Clark of the 20th, Ehrhart of the 20th, Howren of the 20th and Gresham of the 21st:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of mem bers of the Authority and provide for qualifications and vacancies.
Referred to Committee on Urban and County Affairs.

HB 1292. By Representatives Hamilton of the 124th, Johnson of the 123rd, Pannell of the 122nd and others:
A bill to increase the amount of the homestead exemption from Chatham County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Chatham County actually occupied by the owner as a residence and homestead.
Referred to Committee on Urban and County Affairs.

HB 1302. By Representatives Isakson of the 21st, Clark 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 provisions relating to the election of mayor and councilmen.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Corrections has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 454. Do pass.
Respectfully submitted,
Senator Garner of the 30th District, Chairman.

Mr. President:

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

SB 469. Do pass.

SB 525. Do pass.

SB 486. Do pass.

SB 530. Do pass as amended.

SB 488. Do pass.

TUESDAY, JANUARY 23, 1990

213

Respectfully submitted, Senator Kidd of the 25th District, Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following bill and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
HB 620. Do pass. SR 315. Do pass.
Respectfully submitted, Senator Dawkins of the 45th District, Chairman
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 298. Do pass. HB 663. Do pass.
Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Transportation has had under consideration the following resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 280. Do pass. SR 306. Do pass. SR 307. Do pass.
Respectfully submitted, Senator Coleman of the 1st District, Chairman
The following bills and resolution of the Senate were read the second time:
SB 146. By Senator Barnes of the 33rd: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to forfeitures; to provide for forfeitures; to provide for that which is subject to forfeiture; to provide for seizure of property subject to forfeiture; to provide for custody of property which has been seized.
SB 424. By Senator Peevy of the 48th: A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to provide for the definition of a part-time judge and to provide for the compensation and ex penses of such judge; to provide for related matters; to provide for an effective date.

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SB 462. By Senators Edge of the 28th, Baldwin of the 29th, Peevy of the 48th and others:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption pro ceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effec tive date.

SB 470. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the minimum age requirements rela tive to the issuance of a driver's license; to provide that persons between 16 and 18 years of age may be issued a driver's license under certain conditions.

SB 507. By Senators Foster of the 50th, Huggins of the 53rd, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change which persons may not be licensed and provide for additional disqualifications for licensure; to establish certain edu cational eligibility requirements for persons under 18 years of age to receive driv ers' licenses or instruction permits.

SB 508. By Senators Turner of the 8th, McKenzie of the 14th, Timmons of the llth and others:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permitted investments of the authority; to clarify the provisions relat ing to the state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation.

SR 309. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and others:
A resolution creating the Senate Study Committee on Rights of Peace Officers While Under Investigation.

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

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

Egan English Engram Fincher Foster Fuller Garner 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 Starr Stumbaugh Tate

TUESDAY, JANUARY 23, 1990

215

Timmons Turner

Tysinger

Walker

Those not answering were Senators:

Dawkins Peevy

Scott of 36th

Taylor

Senator Coleman of the 1st introduced the chaplain of the day, Reverend Len B. Tur ner, pastor of Calvary Baptist Temple, Savannah, Georgia, who offered scripture reading and prayer.

Senator Fincher of the 54th introduced academic scholars from the 34 institutions of the University System of Georgia, having been commended by SR 328 adopted previously, and Honorable H. Dean Propst, Chancellor of the University System of Georgia, who briefly addressed the Senate.

The following resolutions of the Senate were read and adopted:

SR 340. By Senator Barker of the 18th: A resolution commending Mr. Lamar Edwin "Chris" Christopher.

SR 343. By Senator Turner of the 8th:
A resolution commending Coach Nick Hyder and the Valdosta High School foot ball team.

SR 344. By Senators Foster of the 50th and Deal of the 49th: A resolution commending Mrs. Nan Hamby Short.

SR 345. By Senators Timmons of the llth and Ragan of the 10th:
A resolution expressing regret at the passing of Honorable Maston Emmett O'Neal, Jr.

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

SB 439. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification of certain personnel, so as to change the requirements for renewable certificates and change the persons eligible for nonrenewable certificates.

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

Those voting in the affirmative were Senators:

Allgood Baldwin Broun Coleman English Foster Garner

Gillis Harris Johnson Kennedy Peevy Pollard Ray

Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons

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Those voting in the negative were Senators:

Albert Barker Barnes Bowen Brannon Burton Clay Collins Dean

Echols Edge Egan Engram Fincher Hammill Huggins Land Langford

Those not voting were Senators:

Newbill Olmstead Parker Perry Phillips Ragan of 10th Ragan of 32nd Turner Tysinger

Dawkins Deal Fuller

Howard Kidd McKenzie

Scott of 36th Walker

On the motion, the yeas were 21, nays 27; the motion was lost, and SB 439 was not withdrawn from the Senate Committee on Governmental Operations and committed to the Senate Committee on Education,

SENATE CALENDAR Tuesday, January 23, 1990 SEVENTH LEGISLATIVE DAY
SB 33 Insurance Consumer Advocate--provide with funding (Substitute) (Amendments)(Ins--55th)
SB 36 Insurance Consumer Advocate--provide (Substitute) (Amendments) (Ins--55th)
SB 411 Quality Basic Education--continue sparsity grants to certain school systems (Amendment) (Ed--24th)
SB 516 Unsafe Food--provisions (Ag--21st)
SB 517 Livestock Disease Control--law enforcement (Ag--21st)
SB 518 Marketing Act of 1981--redefine "farmers' market" (Ag--21st)
SR 282 Board of Education, School Superintendent--election and appointment (Ed--49th)
HB 1244 Boll Weevil Eradication--additional referendum for assessment change (Ag--21st)

The following general bill of the Senate, having been read the third time on January 12 and postponed until January 22, was put upon its passage:

SB 33. By Senators Stumbaugh of the 55th, Taylor of the 12th, Foster of the 50th and others:
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 provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.

TUESDAY, JANUARY 23, 1990

217

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 Lawrence Stumbaugh, Chairman

Senate Insurance Committee

FROM:

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

DATE:

January 22, 1990

SUBJECT: Fiscal Note--Senate Bill 33 (LC 18 2844) Insurance Consumer Advocate

This bill would create an Insurance Consumer Advocate to be attached, for administra tive purposes only, to the Office of Planning and Budget. The Insurance Consumer Advocate would be appointed by the Governor and would have authority to: file certain objections to insurance rate filings; appear on behalf of consumers of this state in proceedings before the Commissioner of Insurance involving any insurance rate filing which would result in an overall rate increase of 10% or more within any 12 month period; take depositions and obtain discovery of certain information; and act in other ways authorized by the bill. The Commissioner of Insurance would be required to provide certain notices and make available certain information to the Insurance Consumer Advocate.

The Insurance Consumer Advocate would be authorized to employ assistants and utilize consultants, expert witnesses, accountants, attorneys and others as necessary to carry out the duties of the office. All consultants, actuaries, experts, accountants, and other technical assistants employed by the Commissioner of Insurance would be available to perform such appraisals and audits as the Advocate, with the approval of the Commissioner, may request.

The Insurance Consumer Advocate would be prohibited from engaging in any other kind of employment, and for a period of three years following his termination would be prohibited from certain involvements with insurance companies.

Beginning July 1, 1989 a $.25 surcharge would be collected from insurers for each policy of insurance issued in this state. These collections would be paid into the general treasury of the state and would be subject to the normal appropriations process.

The additional amount of revenue which would be generated by the $.25 surcharge on each policy of insurance issued in state cannot be accurately determined since this informa tion is not maintained by the Insurance Commissioner's Office or any professional or busi ness organizations. Estimates based on a sample of insurance companies indicate that the $.25 surcharge could generate approximately $1.1 million annually. This is based on initial policy issuances only and does not include renewals of policies.

Costs necessary to create the Insurance Consumer Advocate Office also cannot be accu rately determined; however, estimates made in 1988 indicate additional annual costs of ap proximately $575,000 plus an initial outlay of $60,000 for equipment, furniture, and tele phone installation. Costs for hearings could not be estimated.

Unless extended by the General Assembly these provisions would be repealed on July 1, 1993.

/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 Senate Committee on Insurance offered the following amendment:
Amend SB 33 by striking from line 22 of page 5 the following: "1989"
and inserting in its place the following: "1990".
By striking from line 9 of page 6 the following: "1993"
and inserting in its place the following: "1994".

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

Senators Taylor of the 12th, Stumbaugh of the 55th and Foster of the 50th offered the following amendment:

Amend SB 33 by striking the word "notice" on line 13 of page 1 and inserting in its place the word "notices".
By adding between lines 32 and 33 of page 3 the following:
"(c) The Commissioner shall transmit notice of any proposed adoption, amendment, or repeal of a rule or regulation in the same manner and at the same time as notices are trans mitted to the legislative counsel as provided in Code Section 50-13-4. The consumer advo cate shall be authorized to review and comment upon the proposed adoption, amendment, or repeal of a rule or regulation and shall be entitled to request an oral hearing on such proposed action."

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

Senator Broun of the 46th offered the following amendment:

Amend SB 33 by renumbering Section 2 to Section 3, and have a new Section 2 to read as follows:
"If this legislation is not funded by April 1,1991, the entire legislation is null and void."

On the adoption of the amendment offered by Senator Broun of the 46th, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Bowen Broun
Burton Coleman Collins Dean Echols Egan

English Garner Gillis Hammill Harris
Kennedy Kidd Land McKenzie Olmstead Parker

Perry Phillips Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Tate Taylor Timmons Turner

TUESDAY, JANUARY 23, 1990

219

Those voting in the negative were Senators:

Allgood Barnes Clay Dawkins Deal Edge Engram

Fincher Foster Fuller Howard Muggins Johnson Langford

Newbill Peevy Shumake Starr Stumbaugh Tysinger Walker

Not voting were Senators Brannon and Scott of the 36th.

On the adoption of the amendment, the yeas were 33, nays 21, and the amendment offered by Senator Broun of the 46th was adopted.

Senator Howard of the 42nd offe-ed the following amendment:

Amend SB 33 by deleting from page 3, line 20, the words, "be entitled to".

On the adoption of the amendment, the yeas were 50, nays 1, and the amendment was adopted.

Senator Parker of the 15th offered the following amendment:

Amend SB 33 by deleting the (.) after "period" on line 26, page 3, and adding, "or an overall rate increase of 25 percent or more within any 36 month period."

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

Senator Stumbaugh of the 55th offered the following amendment:

Amend SB 33 on page 5, line 26, after the word "policy" by adding,
", and an additional 25<t at the time of each annual renewal, not to exceed 25t during any 12 month period".

On the adoption of the amendment, the yeas were 46, nays 1, and the amendment was adopted.

Senator Scott of the 2nd offered the following amendment:

Amend SB 33 by deleting the following on page 3, line 25, "of 10 percent or more", and inserting the following: "in excess of the national rate of inflation".

On the adoption of the amendment, the yeas were 36, nays 10, and the amendment was adopted.

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JOURNAL OF THE SENATE

Senators Coleman of the 1st, Allgood of the 22nd, Scott of the 2nd and Albert of the 23rd offered the following substitute to SB 33:
A BILL
To be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Insurance Department and the Commissioner of Insurance, so as to create the position of state insurance consumer services officer; to provide for definitions; to provide for qualifications and appointment; to provide for duties, powers, and authority of the state insurance consumer services officer; to create the Consumer Insurance Advisory Panel; to provide for membership, qualifications, and appointment; to provide for duties, powers, and authority of such panel; to provide for related matters; to provide for an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Insurance Department and the Commissioner of Insurance, is amended by adding a new Code section at the end thereof creating the state insurance consumer services officer and the Consumer Insurance Advisory Panel, to be designated Code Section 33-2-34, to read as follows:
"33-2-34. (a) As used in this Code section, the term:
(1) 'Consumer services officer' means the state insurance consumer services officer.
(2) 'Panel' means the Consumer Insurance Advisory Panel.
(b) There is created the position of state insurance consumer services officer to be ap pointed by the Commissioner. To qualify for appointment, the person to be selected shall possess demonstrated knowledge and experience regarding insurance regulation, insurance consumer services, insurance industry operations, and the problems and issues arising from such areas. In addition to duties specified in this Code section, the consumer services officer shall direct the consumer services offered by the department.
(c) The consumer services officer shall:
(1) Provide for consumer input on all areas of the jurisdiction of the Commissioner under this title, including but not limited to rates of insurers and rate filings; market con duct by insurers, their agents, and employees; and regulatory issues confronting the department;
(2) Convene and preside over the panel created in subsection (e) of this Code section on at least a quarterly basis and provide administrative assistance for such panel; and
(3) Suggest, implement, and oversee needed improvements and expansions of consumer services by the department.
(d) (1) The consumer services officer shall appear, as a party, an intervenor, or other wise, on behalf of insurance consumers of this state in any proceeding before the Commis sioner under this title involving an insurance rate filing, an administrative hearing, a regula tory proposal, or in any other proceeding of concern to consumers.
(2) The consumer services officer shall be authorized in the same representative capac ity to intervene as of right or otherwise appear in any judicial proceeding involving or aris ing out of any proceeding in which the consumer services office is authorized to appear under paragraph (1) of this subsection.
(3) The Commissioner shall not proceed to hear or determine any matter in which the consumer services officer is entitled to appear unless it shall affirmatively appear that the consumer services officer was given at least 15 days' written notice thereof, unless such no tice is affirmatively waived in writing or the consumer services officer appears and specifi cally waives such notice.
(4) The consumer services officer shall have access to all records, files, reports, docu-

TUESDAY, JANUARY 23, 1990

221

ments, and other information in the possession or custody of the department to the same extent as other staff of the department have access thereto and subject to the same limita tions imposed on the use thereof by the department.
(e) (1) There is created the Consumer Insurance Advisory Panel to consist of ten mem bers selected by the Governor. One member shall be chosen from each congressional district of this state.
(2) Members shall be appointed for terms of two years, except that five members ap pointed for the original membership of the panel on or after July 1, 1990, under paragraph (1) of this subsection shall be appointed for a term of one year. Members shall be eligible for reappointment.
(3) All selections by the Governor shall be made by consideration of the knowledge and experience of the proposed members in the areas of insurance consumer problems and issues.
(4) No person who is employed by an insurer or its parent or subsidiary companies shall be eligible for membership on the panel.
(5) The panel shall serve without compensation but shall be reimbursed for expenses of fulfilling the duties of the panel in such manner as state employees are reimbursed.
(f) The panel shall:
(1) Meet at least quarterly and upon the call of the consumer services officer;
(2) Consider issues affecting insurance consumers of this state;
(3) Provide input to the Commissioner on the resolution of consumer problems and issues;
(4) Render advice on issues as requested by the consumer services officer or the Commissioner;
(5) Advise the consumer services officer regarding the expansion, improvement, and maintenance of consumer services;
(6) Initiate recommendations on consumer programs designed to increase awareness levels and education levels of consumers about insurance; and
(7) Consider and recommend such actions as the panel deems necessary to resolve con sumer matters and to implement the intent of this Code section of providing heightened consumer input into insurance processes.
(g) The consumer services officer and the panel shall prepare annually a report to the Commissioner and to the General Assembly of the actions of the panel."
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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JOURNAL OF THE SENATE

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 J. Tom Coleman, Jr.

State Senator

FROM:

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

DATE:

January 22, 1990

SUBJECT: Fiscal Note--Senate Bill 33 Substitute (LC 18 3611S) Insurance Consumer Services Officer

This bill would create a Consumer Services Officer and a Consumer Insurance Advisory Panel. The Consumer Services Officer would be appointed by the Commissioner of Insur ance and would have certain responsibilities as outlined in the bill. The Consumer Insurance Advisory Panel would consist of 10 members selected by the Governor. One member would be selected from each of the 10 congressional districts of the state. The panel would have advisory responsibilities as outlined in the bill. The members of the advisory panel would serve without compensation but would be reimbursed for travel expenses.

It is not anticipated that a new employee position would be created within the Insur ance Commissioner's Office as a result of this bill; however, the Insurance Commissioner's Office has estimated that if a position was created the total cost of the position including fringe benefits and related costs would be $45,000. The amount of travel expense reimburse ment which would be paid to the panel members cannot be estimated.

/s/ G. W. Hogan State Auditor

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

Senators Allgood of the 22nd and Taylor of the 12th offered the following amendment:

Amend the substitute to SB 33 offered by Senators Coleman of the 1st, Allgood of the 22nd, Scott of the 2nd and Albert of the 23rd by striking subparagraph (4), page 4, lines 1 through 3, and inserting in lieu thereof the following:
"(4) No person who is employed by an insurer or its parent or subsidiary or who is employed as an insurance agent or broker shall be eligible for membership on the panel."

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

Senator Hammill of the 3rd offered the following amendment:

Amend the substitute to SB 33 offered by Senators Coleman of the 1st, Allgood of the 22nd, Scott of the 2nd and Albert of the 23rd by changing page 2, line 2, "appointed by the Commissioner" to "appointed by the Governor".

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

On the adoption of the substitute to SB 33 offered by Senators Coleman of the 1st, Allgood of the 22nd, Scott of the 2nd and Albert of the 23rd, the President ordered a roll call, and the vote was as follows:

TUESDAY, JANUARY 23, 1990

223

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen BCD,, oreo,aleulmn an Dean
Echols
English Fincher

Garner Gillis Hammill Harris J,,KLoaehnnndnseodn, y McKenzie
Parker
Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray JS,,ccaoy,tl..toroff 2n nd. Timmons
Turner
Tysinger Walker

Those voting in the negative were Senators:

Barker Barnes Brannon BrC,,luaryton Collins Dawkins
Edge

Egan Engram Foster HFTTuolwlearrdj Huggins Kidd
Langford

Newbill Olmstead Peevy o,,,humak, e
Starr Stumbaugh Tate

Not voting was Senator Scott of the 36th.

On the adoption of the substitute, the yeas were 32, nays 23, and the substitute was adopted as amended.

The President announced that, pursuant to Senate Rule 143, consideration of SB 33 would be suspended and placed on the Senate General Calendar.

The following general bill of the Senate, having been read the third time on January 12 and postponed until January 22, was put upon its passage:

SB 36. By Senators Stumbaugh of the 55th, Taylor of the 12th, Olmstead of the 26th and others:
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 provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.

Senator Stumbaugh of the 55th moved that SB 36 be committed to the Senate Commit tee on Insurance.

On the motion, the yeas were 52, nays 0; the motion prevailed, and SB 36 was commit ted to the Senate Committee on Insurance.

Senator Newbill of the 56th introduced the doctor of the day, Dr. Alan Goldman, of Roswell, Georgia.

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

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JOURNAL OF THE SENATE

At 12:50 o'clock P.M., the President announced that the Senate would stand adjourned until 10:00 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 24, 1990

225

Senate Chamber, Atlanta, Georgia Wednesday, January 24, 1990 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House:
HB 1325. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to provide that the school superintendent of Columbia County shall be elected in nonpartisan elections.
HB 1327. By Representative Royal of the 144th: A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.
HB 1329. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance of the members of the board.
HB 1341. By Representatives Milam of the 81st and Ware of the 77th: A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.
HB 1343. By Representatives Milam of the 81st and Ware of the 77th: A bill to amend an Act creating a new charter for the City of LaGrange, so as to establish the Municipal Court of the City of LaGrange.
HB 1378. By Representatives Wall of the 61st, Jackson of the 9th, Mobley of the 64th, Orr of the 9th, Breedlove of the 60th and others: A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption; to provide an exception with respect to land in excess of one acre.
HB 44. By Representative Buck of the 95th: A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the

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JOURNAL OF THE SENATE

Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivor benefits.
HB 156. By Representative Kingston of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retire ment System of Georgia for service as a teacher, so as to authorize creditable service to be obtained for certain teaching service as an employee of a county school district which maintained a local retirement system.
HB 1366. By Representative Reaves of the 147th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to change the definition of the term "stable"; to change the provisions relating to licenses for pet dealers and kennels, stables, or animal shelter operators.
HB 1367. By Representative Reaves of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to the powers of the Commissioner of Agriculture to deal with certain diseases.
HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election.
HB 623. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide for certain refunds or payments to a county school system.
HB 761. By Representative Parrish of the 109th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to clarify the provisions relating to the determination of average final compensation.
HB 436. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, so as to provide for member ship for certain officials and employees of the judicial branch of state government.
HB 1361. By Representatives Chambless of the 133rd, Thomas of the 69th, Robinson of the 96th and Pannell of the 122nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions of terms used in the "Georgia Business Corporation Code".

WEDNESDAY, JANUARY 24, 1990

227

HB 964. By Representative Mangum of the 57th:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to change the provisions relating to the reestablishment of such creditable service.
HB 671. By Representative Morton of the 47th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthana sia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia.
HB 198. By Representatives Clark of the 13th, McKinney of the 35th, McKinney of the 40th, Bargeron of the 108th, Long of the 142nd and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement Sys tem, so as to change the provisions relating to the retirement allowance.
The House has discharged Conference Committee #1 and has appointed Conference Committee #2 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 Mangum of the 57th, Athon of the 57th and Dover of the llth.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 577. By Senator Walker of the 43rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. Referred to Committee on Judiciary.
SB 578. By Senator Bowen of the 13th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the penalty provi sions relating to the crime of failing to stop for or otherwise fleeing or attempting to elude a police officer. Referred to Committee on Public Safety.

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SB 579. By Senator Bowen of the 13th:
A bill to amend Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, correctional officers, and similar persons, so as to provide for the payment of such witness fees to any arson investigator of the state fire marshal's office or any member of a local fire department. Referred to Committee on Public Safety.
SB 580. By Senator Garner of the 30th:
A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to change the definition of a cer tain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia under certain conditions. Referred to Committee on Higher Education.
SB 581. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change the provisions relating to the distribution of proceeds. Referred to Committee on Banking and Finance.
SB 582. By Senators Parker of the 15th, Tate of the 38th, Shumake of the 39th and Langford of the 35th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges; to provide for limited voting. Referred to Committee on Judiciary.
SB 583. By Senators Parker of the 15th, Johnson of the 47th, Baldwin of the 29th and Allgood of the 22nd:
A bill to amend Code Section 16-13-21 of the Official Code of Georgia Annotated, relating to definitions in the "Georgia Controlled Substances Act," so as to pro vide for a definition of possession; to amend Code Section 16-13-72 of the Official Code of Georgia Annotated, relating to sale and possession of dangerous drugs, so as to provide for a definition of possession. Referred to Committee on Judiciary.
SB 584. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th and others:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition. Referred to Committee on Industry and Labor.
SB 585. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th and others:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition. Referred to Committee on Industry and Labor.

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229

SB 586. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to provide that a protec tive order issued to prevent disclosure of materials or information related to a personal injury action or action for wrongful death produced in discovery in any cause shall not prohibit an attorney from voluntarily sharing such materials or information with another attorney. Referred to Committee on Special Judiciary.
SB 587. By Senator Peevy of the 48th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the governing authority of each county and municipality to contract with an independent insurer to provide catastrophic health insurance coverage to residents of and persons who are employed within the county or municipality; to provide for contract limits. Referred to Committee on Urban and County Affairs (General).
SB 588. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, so as to provide for confidentiality of examination questions and other examination materials; to clarify certain provisions relating to subpoenas; to modify the venue provisions for cease and desist orders; to provide an effective date. Referred to Committee on Judiciary.
SB 589. By Senators Shumake of the 39th, Gillis of the 20th and Echols of the 6th:
A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to provide for admin istration and enforcement of oil spill regulations by the Environmental Protec tion Division of the Department of Natural Resources; to provide for definitions. Referred to Committee on Natural Resources.
SB 590. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to provide for a code of ethics for the members of the governing authority of DeKalb County. Referred to Committee on Urban and County Affairs.
SB 591. By Senators Scott of the 2nd, Howard of the 42nd, Allgood of the 22nd and others:
A bill to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide dual party telephone relay system; to pro vide for legislative findings and declarations. Referred to Committee on Public Utilities.
SB 592. By Senator Brannon of the 51st:
A bill to amend Code Section 44-3-141 of the Official Code of Georgia Annotated, relating to cemetery rules and regulations and service charges, so as to provide that cemetery rules and regulations shall apply to merchandise used or installed aboveground in a cemetery. Referred to Committee on Governmental Operations.

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SB 593. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, so as to change the provisions relating to the quorum necessary for the council to transact business. Referred to Committee on Governmental Operations.
SB 594. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the coroner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, so as to change the provisions relating to payment of the expense of embalming under certain circumstances. Referred to Committee on Governmental Operations.
SB 595. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council. Referred to Committee on Governmental Operations.
SB 596. By Senators Olmstead of the 26th, Harris of the 27th and Bowen of the 13th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle; to define a certain term; to provide a penalty. Referred to Committee on Judiciary.
SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and Deal of the 49th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to pro vide a short title; to provide for declaration of purpose and policies; to define certain terms. Referred to Committee on Higher Education.
SR 346. By Senators Parker of the 15th, Scott of the 2nd, Walker of the 43rd and Langford of the 35th:
A resolution proposing an amendment to the Constitution so as to allow superior court judges to reside anywhere in the state at the time of their election; to pro vide for submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.
SR 347. By Senators Parker of the 15th, Scott of the 2nd, Walker of the 43rd and Langford of the 35th:
A resolution proposing an amendment to the Constitution so as to provide that the terms of office of superior court judges may be adjusted so that all such judges will be elected at the same time; to provide for submission of this amend ment for ratification or rejection. Referred to Committee on Judiciary.

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231

SR 348. By Senator Howard of the 42nd: A resolution proposing an amendment to the Constitution so as to limit the term of office of the Lieutenant Governor to two consecutive four-year terms; to pro vide for the submission of this amendment for ratification or rejection.
Referred to Committee on Governmental Operations.
The following bills of the House were read the first time and referred to committees:
HB 44. By Representative Buck of the 95th: A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivor benefits.
Referred to Committee on Retirement.
HB 156. By Representative Kingston of the 125th: A bill to amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retire ment System of Georgia for service as a teacher, so as to authorize creditable service to be obtained for certain teaching service as an employee of a county school district which maintained a local retirement system.
Referred to Committee on Retirement.
HB 198. By Representatives Clark of the 13th, McKinney of the 35th, McKinney of the 40th and others: A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement Sys tem, so as to change the provisions relating to the retirement allowance.
Referred to Committee on Retirement.
HB 436. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, so as to provide for member ship for certain officials and employees of the judicial branch of state government.
Referred to Committee on Retirement.
HB 623. By Representative Couch of the 36th: A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide for certain refunds or payments to a county school system.
Referred to Committee on Retirement.
HB 671. By Representative Morton of the 47th: A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthana sia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia.
Referred to Committee on Agriculture.

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HB 761. By Representative Parrish of the 109th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to clarify the provisions relating to the determination of average final compensation. Referred to Committee on Retirement.
HB 964. By Representative Mangum of the 57th: A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to change the provisions relating to the reestablishment of such creditable service.
Referred to Committee on Retirement.
HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election.
Referred to Committee on Judiciary.
HB 1361. By Representatives Chambless of the 133rd, Thomas of the 69th, Robinson of the 96th and Pannell of the 122nd: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions of terms used in the "Georgia Business Corporation Code".
Referred to Committee on Judiciary.
HB 1366. By Representative Reaves of the 147th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to change the definition of the term "stable"; to change the provisions relating to licenses for pet dealers and kennels, stables, or animal shelter operators. Referred to Committee on Agriculture.
HB 1367. By Representative Reaves of the 147th: A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to the powers of the Commissioner of Agriculture to deal with certain diseases.
Referred to Committee on Agriculture.
HB 1325. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to provide that the school superintendent of Columbia County shall be elected in nonpartisan elections. Referred to Committee on Urban and County Affairs.
HB 1327. By Representative Royal of the 144th: A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.
Referred to Committee on Urban and County Affairs.

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233

HB 1329. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance of the members of the board.
Referred to Committee on Urban and County Affairs.

HB 1341. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a new charter of the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.
Referred to Committee on Urban and County Affairs.

HB 1343. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to establish the Municipal Court of the City of LaGrange. Referred to Committee on Urban and County Affairs.

HB 1378. By Representatives Wall of the 61st, Jackson of the 9th, Mobley of the 64th and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption; to provide an exception with respect to land in excess of one acre.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1152. Do pass.
HB 1275. Do pass.
Respectfully submitted,
Senator Ray of the 19th District, Chairman

Mr. President:

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

SB 410. Do pass. SB 440. Do pass.

SB 527. Do pass. SR 302. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman

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Mr. President:
The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 420. Do pass. SB 435. Do pass. SB 553. Do pass by substitute.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Industry and Labor has had under consideration the following reso lution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 314. Do pass as amended. 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 1195. Do pass. HB 1196. Do pass.
Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman
Mr. President:
The Committee on Natural Resources has had under consideration the following bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 478. Do pass. SR 297. Do pass. SR 331. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman
Mr. President:
The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

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235

SB 444. Do pass by substitute. Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:

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

SB 79. Do pass by substitute.

SB 209. Do pass.

SB 80. Do pass.

SB 312. Do pass by substitute.

SB 121. Do pass.

SB 344. Do pass by substitute.

SB 162. Do pass.

SB 455. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

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

SB 454. By Senator Starr of the 44th:
A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a fine as a condition precedent to pro bation, so as to increase the maximum amount of the fine that may be imposed.

SB 469. 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 merit system generally, so as to provide that full-time employees in the classified or unclassified service who are assigned office space on state property or property leased by the state shall be required to remain at their offices three days of each week; to provide exceptions.

SB 486. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an applica tion for recall petition for circulation and of the filing of such completed applica tion for verification; to provide for filing applications for recall exceeding one page in length.

SB 488. By Senator Foster of the 50th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for the observance of "Chil dren's Day" in Georgia; to provide an effective date.

SB 525. 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 an employee in the classified service to convert up to three days of accrued sick leave to three regular workdays' compensation or salary under cer tain circumstances in lieu of converting such accrued sick leave to personal leave.

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JOURNAL OF THE SENATE

SB 530. By Senator Kennedy of the 4th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise Chapter 8 of said title, known as "The Economic Rehabilitation Act of 1975"; to change the provisions relating to the purpose of the chapter; to change certain definitions and delete other definitions; to change the provisions relating to administration of such chapter.

SR 280. By Senator Fincher of the 54th: A resolution designating the Jennie Weyman Memorial Bridge.

SR 298. By Senator Tysinger of the 41st:
A resolution proposing an amendment to the Constitution so as to authorize the Attorney General, acting in his or her sole discretion, to file any civil action on behalf of or against any department, agency, board, or commission of the execu tive department of the state which the Attorney General deems necessary for enforcement of the Constitution and laws of this state and protection of public rights and interests; to provide for the submission of this amendment for ratifica tion or rejection.

SR 306. By Senator Fincher of the 54th: A resolution designating the Warren D. Earnest, Sr. Bridge.

SR 307. By Senator Fincher of the 54th: A resolution designating the William Deverell, Sr. Bridge.

SR 315. By Senator Dawkins of the 45th:
A resolution urging the United States Congress and the United States Depart ment of Labor to explore legislative and regulatory alternatives which will pro vide adequate administrative funds for employment and unemployment pro grams in Georgia.

HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.

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

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

Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris

Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips

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237

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

Scott of 36th Shumake Starr Stumbaugh Tate

Taylor Timmons Turner Tysinger Walker

Not answering were Senators Barker and Langford.

Senator Harris of the 27th introduced the chaplain of the day, Reverend J. H. Devereaux, pastor of Forsyth United Methodist Church, Forsyth, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 354. By Senator English of the 21st: A resolution commending Molly Parish Howard.

Senator English of the 21st introduced Molly Parish Howard, 1990 Georgia Teacher of the Year, who briefly addressed the Senate.

Senator Pollard of the 24th introduced the faculty and students of Washington-Wilkes Comprehensive High School, who were commended by SR 339, adopted previously.

The following resolutions of the Senate were read and adopted:

SR 349. By Senator Newbill of the 56th: A resolution commending and recognizing Mr. Robert J. Boyd.

SR 350. By Senator Newbill of the 56th: A resolution commending and recognizing Mrs. Eleanor R. Paradise.

SR 351. By Senator Newbill of the 56th: A resolution commending and recognizing Mrs. Wilhelmina Largin.

SR 352. By Senator Newbill of the 56th: A resolution commending and recognizing Mrs. Doris Couch.

SR 353. By Senator Newbill of the 56th: A resolution commending and recognizing Ms. Frances Buttolph.

SR 355. By Senator Pollard of the 24th:
A resolution commending the Columbia County Recreation Department's 1989 Dixie Majors All-Star Baseball Team.

SR 356. By Senator Pollard of the 24th:
A resolution commending the Briarwood Academy Buccaneers Varsity football team.

SR 357. By Senator Pollard of the 24th:
A resolution commending the Lincoln County High School Red Devils football team.

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JOURNAL OF THE SENATE

SR 358. By Senator Bowen of the 13th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's greatest barbecue cooking contest.
SR 359. By Senator Johnson of the 47th: A resolution commending the Hart County Lady Bulldogs basketball team.
Senator Allgood of the 22nd moved that the following bill of the Senate be withdrawn from the Senate Committee on Governmental Operations and committed to the Senate Committee on Education:
SB 439. By Senator Newbill of the 56th: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification of certain personnel, so as to change the requirements for renewable certificates and change the persons eligible for nonrenewable certificates.
On the motion, the yeas were 30, nays 12; the motion prevailed, and SB 439 was with drawn from the Senate Committee on Governmental Operations and committed to the Sen ate Committee on Education.
Senator Shumake of the 39th introduced Evander Holyfield, Olympic Champion Boxer, and his wife, and Mr. Holyfield briefly addressed the Senate.
Senator Deal of the 49th introduced twelve 4-H Club National Winners who were com mended individually by resolutions adopted previously.
Senator McKenzie of the 14th introduced Georgia Citizens for the Arts, having been commended by SR 338 adopted previously.
SENATE CALENDAR Wednesday, January 24, 1990 EIGHTH LEGISLATIVE DAY SB 33 Insurance Consumer Advocate--provide with funding (Substitute) (Amend ments) (Ins--55th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 411 Quality Basic Education--continue sparsity grants to certain school systems (Amendments) (Ed--24th) SB 516 Unsafe Food--provisions (Ag--21st) SB 517 Livestock Disease Control--law enforcement (Ag--21st) SB 518 Marketing Act of 1981--redefine "farmers' market" (Ag--21st) SR 282 Board of Education, School Superintendent--election and appointment (Ed--49th) HB 1244 Boll Weevil Eradication--additional referendum for assessment change (Ag--21st) SB 146 Controlled Substances Act--forfeitures (Substitute)(S Judy--33rd) SB 424 Part-time Judges--compensation, expenses (S Judy--48th) SB 462 Adoption--surrender of parental rights (S Judy--28th) SB 470 Driver's License--minimum age (Pub S--25th) SB 507 Driver's License--education provisions those under 18 (Amendment) (Ed--50th)

WEDNESDAY, JANUARY 24, 1990

239

SB 508 Residential Finance Authority--purposes, powers (B&F--8th)
SR 309 Senate Study Committee on Rights of Peace Offices While Under Investiga tion--create (Pub S--13th)
HB 620 Fire Departments--minimum requirements on organization (I&L--45th)

The following general bill of the Senate, having been read the third time on January 12 and postponed until January 22, and final action suspended on January 23, pursuant to Senate Rule 143, was continued upon its passage:

SB 33. By Senators Stumbaugh of the 55th, Taylor of the 12th, Foster of the 50th, Broun of the 46th and Peevy of the 48th:
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 provide for an insur ance consumer advocate to participate in certain rate filings; to provide for legis lative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.

The substitute to SB 33 offered by Senators Coleman of the 1st, Allgood of the 22nd, Scott of the 2nd and Albert of the 23rd on January 23, as amended by amendments (1) offered by Senators Allgood of the 22nd and Taylor of the 12th and (2) offered by Senator Hammill of the 3rd, as they appear in the Journal of January 23, was automatically recon sidered 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 as amended, was agreed to by substitute as amended.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen rannon
iBCfoulreTMtomnan
Collins pjeaj Dean Echols Edge English Engram

Foster Garner Gillis Hammill Harris Howard Johnson
KTTK^le-dnJ^Jnedy
Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd
SSouhcoutmt aokife36th
Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Clay Dawkins

Fincher Fuller

Huggins Taylor

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 1.

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

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

SB 411. By Senator Pollard of the 24th:
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 that certain school systems shall continue to receive sparsity grants.

Senator Foster of the 50th offered the following amendment:

Amend SB 411 by deleting on page 2, line 1, the following: "Section 3", and substituting in lieu thereof the following: "Section 2".

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

Senators Johnson of the 47th, Baldwin of the 29th and McKenzie of the 14th offered the following amendment:

Amend SB 411 by adding on page 1, line 17, between the words "year" and "in an amount" the words:
"thereafter through the fiscal year ending June 30, 1992,".

On the adoption of the amendment, the yeas were 30, 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 Dawkins Deal

Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins

Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray

WEDNESDAY, JANUARY 24, 1990

241

Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Fincher

Langford

Phillips

On the passage of the bill, the yeas were 53, nays 0.

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

Senator Coleman of the 1st introduced the doctor of the day, Dr. James C. Metts, of Savannah, Georgia.

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

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

SB 516. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
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 instances when food shall be deemed to be adulterated; to provide that food containing certain pesticide residues shall be deemed to be adulterated and unsafe.

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 Collins Deal Dean Echols Edge Egan English

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

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

Those not voting were Senators:

Broun Coleman Dawkins

Kennedy (presiding) Langford Shumake

Starr Taylor Turner

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

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

The President resumed the chair.

SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and con trol of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter.

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 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 Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Egan Fuller

McKenzie Starr

Taylor

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

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

SB 518. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to change the definition of the term "farmers' market"; to change the provisions relating to the rental or leasing of real property; to provide for the powers and duties of the Commissioner of Agriculture.

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 Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English

Engram Fincher Foster 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 Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Dawkins

Fuller Langford

Starr

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

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

SR 282. By Senator Deal of the 49th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of mem bers of the State Board of Education and the appointment of the state school superinten dent; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA
Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and substituting in lieu thereof new subparagraphs (a) and (b) to read as follows:
"(a) As used in this Paragraph, the term 'public official' means the Governor, the Lieu tenant Governor, the Secretary of State, the Attorney General, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly.
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the in dictment to the Governor or, if the indicted public official is the Governor, to the Lieuten ant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be com posed of the Attorney General, the Secretary of State, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials

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who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not mem bers of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the com mission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for ob taining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administra tion of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public offi cial, the Lieutenant Governor shall suspend the public official immediately and without fur ther action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately rein stated to the office from which the officer was suspended. While a public official is sus pended under this Paragraph and until initial conviction by the trial court, the officer shall continue to receive the compensation from the office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from the office. If the officer is reinstated to office, the officer shall be entitled to receive any compensation with held under the provisions of this Paragraph."
Section 2. Article V, Section II, Paragraph VIII of the Constitution is amended by strik ing subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, Commissioner of Insur ance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by ap pointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified."
Section 2. Article V, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor."
Section 4. Article V, Section III, Paragraph II of the Constitution is amended by strik ing subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:
"(a) No person shall be eligible to the office of the Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such

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oath and give bond and security, as prescribed by law, for the faithful discharge of their duties."
Section 5. Article V, Section IV, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieuten ant Governor, the Secretary of State, the Attorney General, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor."
Section 6. Article VIII, Section II, Paragraph I of the Constitution is amended by strik ing subparagraph (a), which reads as follows:
"(a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. The terms of office of all members appointed after the effective date of this Constitution shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.",
in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state. Until December 31, 1992, all members of the board shall be appointed by the Governor and confirmed by the Senate. The terms of all such appointed members who are in office on December 31, 1992, shall end on such date. At the November general election in 1992 one member shall be elected to the board from each congressional district in the state. Each member shall be elected by the voters of the con gressional district which such member is elected to represent. At the November general elec tion in 1992 members elected from odd-numbered congressional districts shall be elected for initial terms of office of two years each and until their respective successors are elected and qualified. At the November general election in 1992 members elected from even-numbered congressional districts shall be elected for initial terms of office of four years each and until their respective successors are elected and qualified. Members shall take office on January 1 following their election and, following the initial terms of members elected in 1992, the terms of all members shall be for four years and until their respective successors are elected and qualified. A successor to any member shall be elected at the November general election immediately preceding the expiration of a term of office of such member. In the event of a vacancy on the board for any reason other than expiration of a member's term, the Gover nor shall appoint a person to fill such vacancy until the next regular November general election, at which a successor shall be elected for the remainder of the unexpired term of office."
Section 7. Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety which reads as follows:
"Paragraph I. State School Superintendent. There shall be a State School Superinten dent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.",

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and inserting in lieu thereof a new Paragraph I to read as follows:

"Paragraph I. State school superintendent. There shall be a state school superinten dent, who shall be the executive officer of the State Board of Education. The superintendent in office on January 1, 1991, shall continue to serve the remainder of the term to which he was elected. Thereafter, the state school superintendent shall be appointed by the State Board of Education and shall serve at the pleasure of the board. The state school superin tendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for appointment as state school superintendent during the term for which such members shall have been elected."

Section 8. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that members of the State Board of Education shall be elected for four-year staggered terms of office rather than being appointed by the Governor and confirmed by the Senate and to provide that the state school superintendent shall be ap pointed by the State Board of Education rather than being elected by the voters?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

Senator Deal of the 49th moved that SR 282 be postponed until January 25.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SR 282 was post poned until January 25.

HB 1244. By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd and others:
A bill to amend Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradi cation programs, so as to provide for additional referendums for the purpose of changing the amount of such assessments or extending the time period for the collection of such assessments, or both.
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 Allgood Baldwin Barker Barnes Bowen

Brannon Broun Burton Clay Coleman Collins

Dawkins Deal Dean Echols Edge Egan

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English Engram Fincher Foster TMler GGialrlinser
Hammill
Harris
Howard Huggins

Johnson Kennedy Kidd Land Newbill OPalmrksetread
Peevy
Perry
Phillips Pollard

Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of 36th _Tayl,or
Timmons
Turner
Tysinger Walker

Those not voting were Senators:

Langford McKenzie

Shumake Starr

Stumbaugh Tate

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

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

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

SB 146. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to forfeitures; to provide for forfeitures; to provide for that which is subject to forfeiture; to provide for seizure of property subject to forfeiture; to provide for custody of property which has been seized.

The Senate Committee on Special Judiciary offered the following substitute to SB 146:

A BILL
To be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to substan tially revise the provisions relating to forfeitures; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide for duties and powers of the director of the Georgia Drugs and Narcotics Agency and agents, drug agents, law enforce ment officers, sheriffs, and prosecuting attorneys; to provide for service of process and no tices; to provide that certain property taken or detained is not subject to replevin, convey ance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of property; to provide for inven tory and estimates of value; to provide for claims, hearings, and the determination of rights and interest in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interests therein; to provide for jurisdiction and power of courts and the judges thereof; to provide that certain substances shall be forfeited to the state; to provide for the nonabatement of certain causes of action and forfeitures; to provide a statement of intent; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated,

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known as the "Georgia Controlled Substances Act," is amended by striking Code Section 16-13-49, relating to forfeitures, which reads as follows:
"16-13-49. (a) The following are subject to forfeitures:
(1) All controlled substances and marijuana which have been manufactured, distrib uted, dispensed, held, or acquired in violation of this article;
(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or marijuana in violation of this article;
(3) All property which is used, or intended for use, as a container for property described in paragraphs (1) and (2) of this subsection;
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, hold, conceal, or in any manner to facilitate the transportation, for the purpose of sale or receipt, of property described in paragraph (1) or (2) of this subsection, but:
(A) No conveyance used by any person as a common carrier in the transaction of busi ness as a common carrier is subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this article;
(B) No conveyance is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;
(C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission;
(D) No conveyance is subject to forfeiture under this Code section for violations which involved no controlled substances and four ounces or less of marijuana;
(5) All books, records, and research products and materials, including formulas, micro film, tapes, and data, which are used, or intended to be used, in violation of this article;
(6) All moneys, negotiable instruments, securities, or other things of value, furnished or intended to be furnished by any person in exchange for a controlled substance or marijuana in violation of this chapter, all proceeds traceable to such an exchange, all moneys, negotia ble instruments, securities, or other things of value used to facilitate any violation of this chapter and all moneys, negotiable instruments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other property which is subject to forfeiture under this subsection and which otherwise has been used, or intended for use, to facilitate the unlawful manufacture, distribution, dispensing, or posses sion of a controlled substance or marijuana; and
(7) All objects and materials distributed in violation of Code Section 16-13-32.1 or pos sessed in violation of Code Section 16-13-32.2.
(b) Property subject to forfeiture under this article may be seized by the director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy or by any law enforcement officer of this state or any political subdivi sion thereof who has the power to make arrests and whose duty is to enforce this article, upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an inspec tion under an inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article;

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(3) The director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy have probable cause to believe that the property is directly dangerous to health or safety; or
(4) The director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in this subsection have probable cause to believe that the property was used or is intended to be used in violation of this article.
(c) In the event of seizure pursuant to subsection (b) of this Code section, proceedings under subsection (d) shall be instituted promptly.
(d) (1) Property taken or detained under this Code section shall not be subject to re plevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that acts prohibited by this article took place, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the director of the Georgia Drugs and Narcotics Agency or duly authorized agents, drug agents, or law enforcement officers seizing such property shall:
(A) Place the property under seal;
(B) Remove the property to a place designated by the judge of the superior court as set out above; or
(C) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and re move it to an appropriate location for disposition in accordance with law.
(2) (A) Notwithstanding the provisions of Paragraph (1) of this subsection, the district attorney shall be authorized to deposit seized currency in an interest-bearing account in a financial institution in this state. Any accrued interest on currency deposited shall follow the principal in any judgment with respect thereto.
(B) Photographs, photocopies, or video tapes of any currency seized and deposited pur suant to subparagraph (A) of this paragraph, duly identified in writing by the law enforce ment officer originally taking custody of the currency as accurately representing such cur rency, shall be admissible at trial in lieu of the original currency.
(e) When an article, equipment, controlled substance, conveyance, or other property is seized under this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, within ten days thereof, to the district attorney of the judi cial circuit having jurisdiction in the county where the seizure was made. Within 30 days from the date he receives notice of the seizure, the district attorney of the judicial circuit, or the director on his behalf shall cause to be filed in the superior court of the county in which the property is seized or detained an action for condemnation of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner or lessee, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that mer chandise. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid ser vice, notice of the proceedings shall be published once a week for two weeks in the newspa per in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and

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from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized merchan dise as provided for in this Code section. If the court determines that a claimant defending the action knew or by the exercise of ordinary care should have known that the merchandise was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposition of the seized merchandise as provided herein and that claimant shall have no claim upon the merchandise or proceeds from the sale thereof. In the event more than one county shall have the right to file condemnation proceedings, then the county wherein the actual physical seizure was made shall take precedence over other coun ties or jurisdictions which may have claims pursuant to this article.
(f) (1) Except as otherwise provided in this subsection, when property is forfeited under this article, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that acts prohibited by this article took place may:
(A) Retain if for official use by any agency of this state or any political subdivision thereof;
(B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including the expenses of seizure, maintenance of custody, advertis ing, and court costs; or
(C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law.
(2) (A) Money and currency which is forfeited or which is realized from the sale or disposition of forfeited property shall after payment of all costs of court vest in the local political subdivision whose law enforcement officers seized it. If the money, currency, or property was seized by a municipal law enforcement agency then the money, currency, or proceeds shall vest in that municipality. If the money, currency, or property was seized by a county law enforcement agency, then the money, currency, or proceeds shall vest in that county. If the money, currency, or property was seized by joint action of a county law en forcement agency and a municipal law enforcement agency, then the money, currency, or proceeds shall vest in that county and that municipality and shall be divided equally be tween the county and municipality. If the money, currency, or property was seized by a state law enforcement agency, then the money, currency, or proceeds shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection for payment of all costs of court, the local government in which the money, currency, or proceeds of forfeited property vests shall ex pend or use such funds to defray the cost of complex investigations, to purchase equipment, to provide matching funds to obtain federal grants, and for such other law enforcement purposes as the governing authority of the county or municipality deems appropriate except that none of such money and currency shall be used to pay all or part of the salaries of law enforcement personnel. The governing authority may, in its discretion, limit the amount of all such money and currency expended for such law enforcement purposes during any calen dar year to $20,000.00. The remainder of such money and currency, if any, received by the governing authority during any calendar year may be expended for any other public purposes.
(B) Any law enforcement agency receiving money or currency which is forfeited or real ized from the sale or disposition of forfeited property shall submit a report to the governing authority of the county or municipality on or before the tenth day of the following month of each calendar quarter itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds. The law enforcement agency shall also submit an annual report to the governing authority of the county or municipality on the first day of

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July itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds during the previous 12 months.
(g) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this article are contraband and shall be seized and summarily forfeited to the state. Controlled substances in Schedule I which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be sum marily forfeited to the state.
(h) Species of plants from which controlled substances in Schedules I and II may de rive, which have been planted or cultivated in violation of this article, or of which the own ers or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.
(i) Upon demand by the director of the Georgia Drugs and Narcotics Agency, duly au thorized agents, drug agents, or law enforcement officers as set forth in subsection (b) of this Code section, the failure of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registra tion, or proof that he is the holder thereof, constitutes authority for the seizure and forfei ture of the plants.
(j) Upon an ex parte application of the district attorney or the sheriff of the county in which property was seized, the court may order an amount, not to exceed one-fourth of the proceeds of the sale of property forfeited under this Code section, to be paid to any person furnishing information which led to the seizure of the property. The court shall specify the method in which the payment shall be made so as to protect the identity of the informer.",
and inserting in lieu thereof a new Code Section 16-13-49 to read as follows:
"16-13-49. (a) As used in this Code section, the term:
(1) 'Enterprise' means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws of this state, of the United States or any of the several states of the United States, or of any foreign nation or a group of individ uals associated in fact although not a legal entity and includes illicit as well as licit enter prises and governmental as well as other entities.
(2) 'Governmental agency' means any department, office, council, commission, commit tee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof.
(3) 'Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in property.
(4) 'Owner' means a person, other than an interest holder, who has an interest in prop erty and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.
(5) 'Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
(6) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal prop erty, including but not limited to currency, instruments, securities, or any other kind of privilege, interest, claim, or right.
(7) 'United States' includes its territories, possessions, and dominions and the District of Columbia.

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(b) (1) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought:
(A) In the case of an in rem action, by the district attorney for the judicial circuit where the property is located;
(B) In the case of an in personam action, by the district attorney for the judicial circuit in which the defendant resides; or
(C) By the district attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture.
Such district attorney may bring an action pursuant to this Code section in any superior court of this state.
(2) If more than one district attorney has jurisdiction to file an action pursuant to this Code section, the district attorney having primary jurisdiction over a violation of this article shall, in the event of a conflict, have priority over any other district attorney.
(3) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions.
(c) An action for forfeiture brought pursuant to this Code section shall be tried:
(1) If the action is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction;
(2) If the action is in rem against tangible or intangible personal property, in any county where the property is located or will be during the pendency of the action; or
(3) If the action is in personam, as provided by law.
(d) The following are declared to be contraband and no person shall have a property right in them:
(1) All controlled substances, raw materials, or controlled substance analogs that have been manufactured, distributed, dispensed, possessed, or acquired in violation of this article;
(2) All property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom;
(3) All property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom;
(4) All weapons possessed, used, or available for use in any manner to facilitate a viola tion of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year;
(5) Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom; and
(6) All moneys, negotiable instruments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other property which is subject to forfeiture under this subsection.
(e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not con-

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sent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur;
(2) Had not acquired and did not stand to acquire substantial proceeds from the con duct giving rise to its forfeiture other than as an interest holder in an arm's length commer cial transaction;
(3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture;
(4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona flda purchaser for value without knowingly taking part in an illegal transaction; and
(5) Acquired the interest:
(A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) After the completion of the conduct giving rise to its forfeiture, acquired the interest:
(i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction;
(ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and
(iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article.
With respect to a conveyance for transportation only, a property interest in such conveyance shall not be subject to forfeiture under this Code section for a violation which involved the possession of four ounces or less of marijuana.
(f) (1) Property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or any duly authorized agents or drug agents of this state or by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be is sued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable.
(2) Property which is subject to forfeiture under this Code section may be seized with out process if there is probable cause to believe that the property is subject to forfeiture under this article and the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.
(3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure, with or without process, in violation of the Constitution of Georgia or the United States Constitution.
(g) (1) When property is seized pursuant to this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 30 days thereof to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made.
(2) Within 60 days from the date written notice of the seizure is received by the district attorney of the judicial circuit of the county in which the property is seized or detained, a

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complaint for forfeiture shall be initiated as provided for in subsection (m), (n), or (o) of this Code section.

(3) If the state fails to initiate forfeiture proceedings against property seized for forfei ture by notice of pending forfeiture within the time limit specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence.

(h) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property.

(2) When property is seized pursuant to this article, the sheriff, drug agent, or law en forcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice:

(A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address;

(B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or

(C) If the owner's or interest holder's address is not known and is not on record as

provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is

not known, by publication in one issue of a newspaper of general circulation in the county in

which the seizure occurs.

:

(3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged.

(i) A district attorney may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil or criminal proceeding under this article or upon seizure for forfei ture. The filing constitutes notice to any person claiming an interest in the property owned by the named person and shall include the following:

(1) The lien notice must set forth:

(A) The name of the person and, in the discretion of the state, any alias and any corpo rations, partnerships, trust, or other entities, including nominees, that are either owned en tirely or in part or controlled by the person; and

(B) The description of the property, the criminal or civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing;

(2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person;

(3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities. The lien secures the amount of poten tial liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or re lease, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien

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amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a lien filed in accordance with this subsection;
(4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment;
(5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the district attorney or his designee the following information:
(A) The name and address of the person or entity for whom the property is held;
(B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and
(C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the prop erty; and
(6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor.
(j) (1) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the dis trict attorney may authorize the release of the property if the forfeiture or retention is un necessary or may transfer the action to another agency or district attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforce ment agency or district attorney. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the district attorney in either proceeding or action. The property is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(2) An owner of a conveyance seized under this Code section may obtain release of the conveyance by posting a surety bond with the clerk of the superior court having jurisdiction over such proceeding, with the surety approved by the clerk or may pay cash as a substitute res in an amount equal to the fair market value of the conveyance. The state may refuse to release the conveyance if the conveyance is retained as contraband, as evidence of a viola tion of law, or by reason of design or other characteristic that makes the conveyance partic ularly suited for use in illegal activities. If a substitute res is posted and a judgment of forfeiture is rendered, the court will forfeit the substitute res in lieu of the property.
(k) (1) If property is seized under this article, the district attorney may:
(A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding;
(B) Place the property under constructive seizure by posting notice of pending forfei ture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property;
(C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the district attorney may authorize its being deposited in an interestbearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect there* j;
(D) Provide for another governmental agency, a receiver appointed by the court pursu ant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property

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and remove it to an appropriate location within the county where the property was seized; or
(E) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keeping or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order the property or any por tion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action.
(1) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized.
(m) If the estimated value of personal property seized is $50,000.00 or less, the district attorney may elect to proceed under the provisions of this subsection in the following manner:
(1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfei ture, and the violation of law alleged;
(2) A copy of the notice shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (h) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made;
(3) The owner or interest holder may file a claim within 30 days after the first publica tion of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested. No extension of time for the filing of a claim may be granted;
(4) The claim must be signed by the owner or interest holder under penalty or perjury and must set forth:
(A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the property;
(D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the property;
(E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture;
(F) All essential factors supporting each assertion; and
(G) The precise relief sought;
(5) If a claim is filed, the district attorney shall file a complaint for forfeiture as pro vided in subsection (n) or (o) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and
(6) If no claim is filed within 30 days after the first publication of the notice of forfei ture, all right, title, and interest in the property is forfeited to the state and the district attorney shall dispose of the property as provided in subsection (t) of this Code section.
(n) In rem proceedings.

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(1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property.
(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4.
(B) If real property is the subject of the action or the owner or interest holder is un known or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all per sons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service.
(C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or other law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and sum mons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or his agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or his deputy that the vessel or aircraft has been released.
(3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of the order for service by publication, as follows:
(A) An answer must be verified by the owner or interest holder under penalty of per jury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth:
(i) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(ii) The address at which the claimant will accept mail;
(iii) The nature and extent of the claimant's interest in the property;
(iv) The date, identify of transferor, and circumstances of the claimant's acquisition of the interest in the property;
(v) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture;
(vi) All essential facts supporting each assertion; and
(vii) The precise relief sought; and
(B) The answer must be accompanied by a bond to the court in the amount of 10

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percent of the reasonable value of the property as alleged by the state or in the sum of $2,500.00, whichever is greater, but not more than $250,000.00, with sureties to be approved by the court upon condition that in the case of forfeiture the claimant must pay all costs and expenses of the proceedings. In lieu of a cost bond, a claimant may file, under penalty of perjury, an in pauperis bond. Any funds received by the court as a cost bond must be placed in an interest-bearing escrow account pending final disposition of the case.
(4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as pro vided for in this Code section.
(5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(6) The state shall show the existence of probable cause for forfeiture of the property. If the state shows probable cause, the claimant has the burden of showing by a preponderance of the evidence that the claimant's interest in the property is not subject to forfeiture.
(7) If the state does not show the existence of probable cause or a claimant has estab lished by a preponderance of the evidence that the claimant has an interest that is exempt under subsection (e) of this Code section, the court shall order the interest in the property returned or conveyed to the claimant. The court shall order all other property forfeited to this state and conduct further proceedings pursuant to subsections (r) and (s) of this Code section.
(8) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this title.
(o) In personam proceedings.
(1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) Service of the complaint and summons shall be as follows:
(A) Except as otherwise provided in this subsection, service of the complaint and sum mons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and
(B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid ser vice, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed sufficient notice to any such defendant.
(3) A defendant shall file a verified answer within 30 days after the service of the sum mons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of the order for service by publication. In addition to complying with the general rules applicable to an an swer in civil actions, the answer must contain all of the elements set forth in subparagraph (n)(3)(A) of this Code section.
(4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.'
(5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as pro vided for in this Code section.

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(6) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(7) The state shall show the existence of probable cause for forfeiture of the property. If the state shows probable cause, the claimant has the burden of showing by a preponderance of the evidence that the claimant's interest in the property is not subject to forfeiture.
(8) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the district attorney or his agent or any law enforce ment officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited.
(9) The procedures subsequent to the finding of liability and order of forfeiture are as follows:
(A) Following the entry of an order of forfeiture under this subsection, the district at torney may give notice of pending forfeiture to all owners and interest holders who have not previously been given notice;
(B) An owner of or interest holder in property that has been ordered to be forfeited and whose claim is not precluded may file a claim in accordance with paragraphs (2), (3), and (4) of subsection (m) of this Code section within 30 days of receipt of notice of pending forfeiture;
(C) If a claim is filed which is valid on its face, the district attorney shall file a forfei ture complaint in a timely manner;
(D) The court shall hold the hearing and determine the claim without a jury and in the manner provided for in an in rem judicial forfeiture action, including the provisions of para graph (6) of subsection (n) of this Code section; and
(E) In accordance with its findings at the hearing, the court may amend the order of forfeiture if it determines that any claimant has established by a preponderance of the evi dence that the claimant has an interest in the property and that the claimant's interest is exempt under subsection (e) of this Code section.
(10) Except as provided in this subsection, no person claiming an interest in property subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the property.
(p) In conjunction with any civil or criminal action brought pursuant to this article:
(1) The court, on application of the district attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, con servators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be entered on applica tion of the district attorney, without notice or an opportunity for a hearing, if the district attorney demonstrates that:
(A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this title; and
(B) Provision of notice would jeopardize the availability of the property for forfeiture;
(3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must b; held at

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the earliest possible date consistent with the date set in subsection (b) of Code Section 9-1165 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encum bered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and
(B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered;
(4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowledge or such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the district attorney of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the district attorney filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the prop erty, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and
(5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and:
(i) Is authorized to do business in this state and is under the jurisdiction of a govern mental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or
(ii) Has an interest that the district attorney has stipulated is exempt from forfeiture;
(B) The interest holder must dispose of the property by commercial reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and
(C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section.
(q) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere.
(r) In hearings and determinations pursuant to this Code section:
(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom;
(2) The fact that money or a negotiable instrument was found in proximity to contra band or to an instrumentality of conduct giving rise to forfeiture authorizes the trier of the fact to infer that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate such conduct; and

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(3) There is a rebuttable presumption that any property of a person is subject to forfei ture under this Code section if the state establishes probable cause to believe that:
(A) The person has engaged in conduct giving rise to forfeitures;
(B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and
(C) There was no likely source for the property other than the conduct giving rise to forfeiture.
(s) (1) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person re main subject to forfeiture and thereafter must be ordered to be forfeited unless the trans feree claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section.
(2) On entry of judgment for a person claiming an interest in the property that is sub ject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article, and that said person's cost bond must be discharged.
(3) The court shall order a claimant who fails to establish that a substantial portion of the claimant's interest is exempt from forfeiture under subsection (f) of this Code section to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attorneys' fees.
(t) Whenever property is forfeited under this article, the judge shall order that such property:
(1) Be used for the payment of all proper expenses of the seizure, including investiga tive costs leading to seizure, forfeiture, and sale and including, but not limited to:
(A) Satisfaction of any bona fide security interest or lien; and
(B) Expenses of inventory, security, maintenance, advertising, sale, and court costs;
(2) Be retained for official use or transfer the custody of ownership of any forfeited property to any governmental agency. The district attorney, subject to the approval of the court, shall ensure the equitable transfer of any forfeited property or moneys under para graph (3) of this subsection to the appropriate local, state, or federal law enforcement or prosecutorial agency so as to reflect generally the contribution of that agency's participation in any of the activity that led to the seizure or forfeiture of the property or deposit of moneys under paragraph (3) of this subsection. A decision to transfer the property is not subject to review;
(3) Be sold when such property is not required by law to be destroyed and when such property is not harmful to the public, as follows:
(A) The court may direct that such property be sold by:
(i) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such property; or
(ii) Any commercially feasible means, including, in the case of real property, by the listing of such property with a licensed real estate broker, selected by the district attorney through competitive bids; or
(B) The proceeds of any sale and any moneys forfeited or obtained by judgment or settlement under this Code section shall be distributed as provided in paragraph (2) of this subsection; or

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(4) Be taken into custody and removed for disposition by a governmental agency in accordance with law.
(u) An acquittal or dismissal in a criminal proceeding does not preclude civil proceed ings under this article.
(v) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article.
(w) (1) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provi sions of this Code section if any of the forfeited property:
(A) Cannot be located;
(B) Has been transferred or conveyed to, sold to, or deposited with a third party;
(C) Is beyond the jurisdiction of the court;
(D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property;
(E) Has been commingled with other property that cannot be divided without difficulty; or
(F) Is subject to any interest exempted from forfeiture under this article.
(2) In addition to any other remedy provided for by law, a district attorney on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsection (i) of this Code section; to whom notice of seizure has been provided in accordance with subsection (h) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative ex penses and attorneys' fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending.
(3) A district attorney may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to en force any judgment rendered pursuant to this Code section.
(4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the al leged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counter claim or cross-claim to any action brought pursuant to this Code section.
(5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same con duct are in progress.
(x) Controlled substances included in Schedule I which are contraband and any con trolled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment of conviction under this article an order forfeiting any con trolled substance involved in the offense to the extent of the defendant's interest.

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(Y) This Code section must be literally construed to effectuate its remedial purposes."
Section 2. (a) The repeal, or repeal and reenactment, of the provisions of Code Section 16-13-49 by this Act shall not abate any cause of action which arose at any previous time under the provisions of said Code section prior to the effective date of this Act. Further more, no action for forfeiture shall be abated as a result of the provisions of this Act, and any and every such action or cause of action shall continue, subject only to the applicable statute of limitations.
(b) No property shall be subject to forfeiture pursuant to this Act where the act or omission which makes such property subject to forfeiture occurred prior to the effective date of this Act unless such property was subject to forfeiture under the laws of this state at the time such act or omission occurred.
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Kidd of the 25th moved that SB 146 be postponed until January 25.

On the motion, 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 Bowen English Gillis Hammill
Harris

Howard Johnson Kidd Langford Olmstead
Pollard

Scott of 2nd gcott ,,. htarr Turner
Walker

Those voting in the negative were Senators:

Allgood Baldwin Barker BaTM* urton
CCoolelimnsan Dawkins Deal Dean Echols

Edge Egan Engram Foster Fuller
Landfns McKenzie Newbill Parker Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Ray
Stumbaughk Tate Taylor Timmons Tysinger

Those not voting were Senators:

Brannon Broun

Fincher Garner

Kennedy (presiding)

On the motion, the yeas were 17, nays 34; the motion was lost, and SB 146 was not postponed.

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Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to SB 146 offered by the Senate Committee on Special Judiciary by striking line 7 of page 14 and inserting in lieu thereof the following:
"(d) Except as provided in subsection (e.l) of this Code section, the following are de clared to be contraband".
By inserting between lines 31 and 32 of page 16 a new subsection (e.l) to read as follows:
"(e.l) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contract the company to inform it that the vehicle is available for the company to take possession."
On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted.
Senator Parker of the 15th and Allgood of the 22nd offered the following amendment:
Amend the substitute to SB 146 offered by the Senate Committee on Special Judiciary by striking paragraph 2, subsection (t), lines 17--30, page 38, an inserting in lieu thereof the following:
"Transfer the custody of ownership of any forfeited property or moneys to local, county or state governing authority responsible for its seizure, and in the case of seizure by federal authorities, the county in which the property is seized to the county governing authority, to be used exclusively for the purpose of establishment of alcohol and drug abuse prevention programs, drug and alcohol abuse treatment programs, and drug and alcohol abuse rehabili tation programs."
Senator Newbill of the 56th offered the following amendment:
Amend the amendment offered by Senators Parker of the 15th and Allgood of the 22nd to the substitute to SB 146 offered by the Senate Committee on Special Judiciary by strik ing the entire phrase after "county governing authority" on line 8.
On the adoption of the amendment offered by Senator Newbill of the 56th, the yeas were 28, nays 13, and the amendment was adopted.
On the adoption of the amendment offered by Senators Parker of the 15th and Allgood of the 22nd to SB 146 offered by the Senate Committee on Special Judiciary, the yeas were 36, nays 7, and the amendment was adopted as amended.
Senators Peevy of the 48th, Allgood of the 22nd and Fuller of the 52nd offered the following amendment:
Amend the substitute to SB 146 offered by the Senate Committee on Special Judiciary by striking lines 16 through 23 of page 29 and inserting in lieu thereof the following:
"(6) The state shall have the burden of showing by a preponderance of the evidence that the claimant's interest in the property is subject to forfeiture.
(7) If the state does not show by a preponderance of the evidence that the claimant's interest in the property is subject to forfeiture or a claimant has established by";

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265

By striking lines 23 through 28 of page 31 and inserting in lieu thereof the following:
"(7) The state shall have the burden of showing by a preponderance of the evidence that the claimant's interest in the property is subject to forfeiture.";
By striking lines 1 through 6 of page 33 and inserting in lieu thereof the following:
"forfeiture if it determines that the state has failed to establish by a preponderance of the evidence that the claimant's interest in the property is subject to forfeiture."; and
By striking the words "probable cause to believe that" on line 2, page 37, and inserting in lieu thereof the following:
"by a preponderance of the evidence that:".

On the adoption of the amendment offered by Senators Peevy of the 48th, Allgood of the 22nd and Fuller of the 52nd to the substitute to SB 146 offered by the Senate Commit tee on Special Judiciary, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Coleman
QgJ/TM 8 Foster Fuller

Hammill Johnson
Kidd Langford Parker

Peevy Perry
Scott of 2nd Scott of 36th Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes Bowen
Clay Collins Dean Echols Edge Egan

English Engram Gillis Harris Howard
TLand McKenzie Newbill Olmstead Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Shumake Starr
Stumbaug6h late Tavlor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Broun

Fincher Garner

Kennedy (presiding)

On the adoption of the amendment, the yeas were 16, nays 35, and the amendment was lost.

Senator Dean of the 31st moved that Senators Broun of the 46th and Garner of the 30th be excused from the Senate for the remainder of the day to attend a funeral.

On the motion, the yeas were 44, nays 0; the motion prevailed, and Senators Broun of the 46th and Garner of the 30th were excused for the remainder of the day.

On the adoption of the substitute, the yeas were 49, nays 4, and the substitute was adopted as amended.

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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 as amended.

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Burton Clay Coleman Collins Dean Echols Edge Egan

English Engram Foster Gillis Hammill Harris Howard Huggins Johnson Land McKenzie Newbill Olmstead

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

Those voting in the negative were Senators:

Allgood Dawkins Deal Fuller

Kidd Langford Parker Peevy

Scott of 36th Shumake Tate Walker

Those not voting were Senators:

Brannon Broun (excused)

Fincher Garner (excused)

Kennedy (presiding)

On the passage of the bill, the yeas were 39, nays 12.

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

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

At 1:19 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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267

Senate Chamber, Atlanta, Georgia Thursday, January 25, 1990 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 yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1290. By Representative Oliver of the 121st: A bill to amend an Act to create a new charter for the City of Reidsville, so as to remove certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office.
HB 1396. By Representatives Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd, Kingston of the 125th and Pannell of the 122nd: A bill to create the Intergovernmental Council of Chatham County.
HB 1398. By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st, Aiken of the 21st, Thompson of the 20th and others: A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to clarify the terms of office of its members.
HB 1399. By Representative Floyd of the 135th: A bill to amend an Act providing for the purposes of the Cordele Office Building Authority, so as to change such purposes.
HB 1400. By Representative Birdsong of the 104th: A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to provide that sheriff's automobiles shall be replaced at 100,000 miles; to provide that automobiles with over 100,000 miles may be used on a part-time basis for nonpursuit purposes.
HB 1401. By Representative Birdsong of the 104th: A bill to provide that residents of the City of Ivey who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.
HB 1403. By Representative Birdsong of the 104th: A bill to restate and reenact a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County; to increase certain income qualifications of individuals 65 years of age or older.

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HB 1404. By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resi dent of Wilkinson County who is age 65 or older and who meets certain income qualifications, so as to increase the maximum amount of income a resident 65 or older may receive in order to be eligible to receive a certain homestead exemption.
HB 1407. By Representative Yeargin of the 14th:
A bill to amend an Act reconstituting and re-creating the Board of Education of Elbert County, so as to provide for the monthly compensation and expenses for the members of the Board of Education of Elbert County; to provide for authority.
HB 1296. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Deal ers Registration Act," so as to continue the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers but provide for a later termination of the board and the repeal of the laws relating thereto.
HB 1406. By Representatives Beck of the 148th, Pinkston of the 100th, Padgett of the 86th and Connell of the 87th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to revise the provisions rela tive to the interest, finance charges, and other fees and charges which may be imposed and collected by a domestic lender or credit card bank; to provide that certain charges and fees shall be deemed to be interest for the purposes of cer tain state and federal laws.
HB 1295. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial respon sibility, so as to remove the requirement that certain accidents be reported to the Department of Public Safety.
HB 222. By Representatives Clark of the 20th, Randall of the 101st, Howren of the 20th, Atkins of the 21st, Isakson of the 21st and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of "referee" to "juvenile court magistrate" and designations of "traffic referee" to "juvenile court traffic magistrate"; to provide for additional orders of disposition for delin quent children.
HB 1157. By Representative Alien of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to the seizure and disposition of property used in or derived from gam bling and related offenses, so as to provide that legal advertisements of seizure and disposition proceedings shall be published twice a month for two consecutive months in the newspaper in which the sheriffs advertisements are published.

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269

HB 9. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide that persons contracting with a state agency shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor to provide a drug-free workplace.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 598. By Senators Parker of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability. Referred to Committee on Reapportionment.
SB 599. By Senators Collins of the 17th, Phillips of the 9th, Barker of the 18th and others:
A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at time of crime, so as to change a definition; to provide an effective date and for applicability. Referred to Committee on Judiciary.
SB 600. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to provide that, except as otherwise provided, any county officer shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecom ing the office, demanding excessive costs, or misfeasance or malfeasance in office. Referred to Committee on Urban and County Affairs (General).
SB 601. By Senators Turner of the 8th, McKenzie of the 14th, Kennedy of the 4th and Phillips of the 9th:
A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust compa nies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with re spect to certain business activities; to revise provisions relative to entities which may lawfully act as corporate fiduciaries. Referred to Committee on Banking and Finance.
SB 602. By Senators Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual battery; to provide for the offense of aggravated sexual battery; to define certain terms; to provide penalties for such offenses. Referred to Committee on Special Judiciary.
SB 603. By Senator Edge of the 28th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetu-

270

JOURNAL OF THE SENATE

Hies; to provide for a short title; to provide when a nonvested property interest or power of appointment is created; to provide for reformation of a disposition which violates the uniform statutory rule against perpetuities. Referred to Committee on Judiciary.
SB 604. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to require the division to survey certain waters of this state to determine the current conditions of pollution and to establish a specific lake water quality standard for each such body of water. Referred to Committee on Natural Resources.
SB 605. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources; to provide a definition; to au thorize the director to require the submission of certain information. Referred to Committee on Natural Resources.
SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide defini tions; to provide the minimum contents of such plan. Referred to Committee on Natural Resources.
SB 607. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to require the division to conduct a study of a certain portion of the Chattahoochee River Basin for certain purposes; to require the director to hold public hearings concerning the design and operation of such study. Referred to Committee on Natural Resources.
SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maxi mum penalty to $100,000.00. Referred to Committee on Natural Resources.
SB 609. By Senators Deal of the 49th and Newbill of the 56th:
A bill to amend Code Section 31-6-40 of the Official Code of Georgia Annotated, relating to the requirements for certificates of need to offer health care, so as to provide that new institutional health care services or health care facilities may be

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271

established in certain counties without the necessity of a certificate of need; to provide for matters relative thereto; to provide an effective date.
Referred to Committee on Human Resources.
SB 610. By Senators Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning state government, so as to provide that any state agency which oversees a construction project or for which a construc tion project is being undertaken shall allow access to and inspection by the media of such project periodically and at reasonable times.
Referred to Committee on Industry and Labor.
SB 611. By Senators Shumake of the 39th and Scott of the 2nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to create the "Nursing Pool Consumer Protection Act"; to provide for the comprehensive regulation of nursing pools; to provide for definitions; to provide for licensure of nursing pools. Referred to Committee on Governmental Operations.
SB 612. By Senators Collins of the 17th, Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that a copy of the medical records of any inmate who is being transferred from a state to a county correctional facility and who has been determined to have an infectious disease or to be HIV infected shall be transferred with such inmate. Referred to Committee on Corrections.
SB 613. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a preference for Georgia vendors from other states when such states give in-state vendors a pref erence over Georgia vendors; to provide for related matters; to provide an effec tive date.
Referred to Committee on Governmental Operations.
SB 614. By Senator Foster of the 50th:
A bill to amend an Act creating a new charter for the City of Dahlonega 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.
Referred to Committee on Urban and County Affairs.
SB 615. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, so as to define a certain term; to provide an editorial change; to further define the offense of financial transaction card fraud; to provide for penalties. Referred to Committee on Banking and Finance.

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SR 360. 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.
Referred to Committee on Rules.
SR 361. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution urging the federal Food and Drug Administration and the federal Environmental Protection Agency to adopt a single standard for levels of toxic chemicals in fish tissue.
Referred to Committee on Natural Resources.
SR 362. By Senators Coleman of the 1st, Huggins of the 53rd, Olmstead of the 26th and others:
A resolution designating the Luther V. Land Bridge. Referred to Committee on Transportation.
SR 363. By Senators Scott of the 2nd, Kidd of the 25th, Olmstead of the 26th and others: A resolution creating the Joint Legislative Study Committee on Efficiency in State Government and providing for the powers and duties of such committee.
Referred to Committee on Governmental Operations.
The following bills of the House were read the first time and referred to committees:
HB 9. By Representative Lane of the 27th: A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide that persons contracting with a state agency shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor to provide a drug-free workplace.
Referred to Committee on Judiciary.
HB 222. By Representatives Clark of the 20th, Randall of the 101st, Howren of the 20th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of "referee" to "juvenile court magistrate" and designations of "traffic referee" to "juvenile court traffic magistrate"; to provide for additional orders of disposition for delin quent children.
Referred to Committee on Judiciary.
HB 1157. By Representative Alien of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to the seizure and disposition of property used in or derived from gam bling and related offenses, so as to provide that legal advertisements of seizure and disposition proceedings shall be published twice a month for two consecutive months in the newspaper in which the sheriffs advertisements are published. Referred to Committee on Judiciary.
HB 1295. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial respon-

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273

sibility, so as to remove the requirement that certain accidents be reported to the Department of Public Safety. Referred to Committee on Public Safety.
HB 1296. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Deal ers Registration Act," so as to continue the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers but provide for a later termination of the board and the repeal of the laws relating thereto. Referred to Committee on Industry and Labor.
HB 1406. By Representatives Beck of the 148th, Pinkston of the 100th, Padgett of the 86th and Connell of the 87th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to revise the provisions rela tive to the interest, finance charges, and other fees and charges which may be imposed and collected by a domestic lender or credit card bank; to provide that certain charges and fees shall be deemed to be interest for the purposes of cer tain state and federal laws. Referred to Committee on Banking and Finance.
HB 1290. By Representative Oliver of the 121st:
A bill to amend an Act to create a new charter for the City of Reidsville, so as to remove certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office. Referred to Committee on Urban and County Affairs.
HB 1396. By Representatives Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd and others:
A bill to create the Intergovernmental Council of Chatham County. Referred to Committee on Urban and County Affairs.
HB 1398 By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to clarify the terms of office of its members. Referred to Committee on Urban and County Affairs.
HB 1399. By Representative Floyd of the 135th:
A bill to amend an Act providing for the purposes of the Cordele Office Building Authority, so as to change such purposes. Referred to Committee on Urban and County Affairs.
HB 1400. By Representative Birdsong of the 104th:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to provide that sheriff's automobiles shall be replaced at 100,000 miles; to provide that automobiles with over 100,000 miles may be used on a part-time basis for nonpursuit purposes. Referred to Committee on Urban and County Affairs.

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HB 1401. By Representative Birdsong of the 104th:
A bill to provide that residents of the City of Ivey who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.
Referred to Committee on Urban and County Affairs.

HB 1403. By Representative Birdsong of the 104th:
A bill to restate and reenact a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County; to increase certain income qualifications of individuals 65 years of age or older.
Referred to Committee on Urban and County Affairs.

HB 1404. By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resi dent of Wilkinson County who is age 65 or older and who meets certain income qualifications, so as to increase the maximum amount of income a resident 65 or older may receive in order to be eligible to receive a certain homestead exemption.
Referred to Committee on Urban and County Affairs.

HB 1407. By Representative Yeargin of the 14th:
A bill to amend an Act reconstituting and re-creating the Board of Education of Elbert County, so as to provide for the monthly compensation and expenses for the members of the Board of Education of Elbert County; to provide for authority.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Governmental Operations 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 412. Do pass. SB 443. Do pass by substitute. SB 445. Do pass by substitute. SB 448. Do pass. SB 449. Do pass.

SB 457. SB 472. SB 555. SB 566. HB 1247.

Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Senator Kidd of the 25th District, Chairman

Mr. President:

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

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275

SB 597. 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 bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 565. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 464. Do pass by substitute.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

The following communication from Senator Peevy of the 48th, Chairman of the Senate Committee on Special Judiciary, was read by the Secretary:

The State Senate Atlanta, Georgia 30334
January 24, 1990
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I will be unable to chair the Senate Special Judiciary committee meeting scheduled for 8:30 AM, Thursday, January 25, 1990.
I hereby authorize Vice Chairman Senator Mark Taylor to conduct the committee meeting during my absence.
Sincerely,
Is/ Donn Peevy

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

Mr. President:

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

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JOURNAL OF THE SENATE

SB 512. Do pass.

Respectfully submitted, Senator Taylor of the 12th District, Vice-Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 567. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1189. Do pass. HB 1286. 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 and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 441. Do pass.

SB 494. Do pass as amended.

SB 483. Do pass.

SR 330. Do pass.

SB 489, Do pass as amended.

SR 332. 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:

SB 79. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to membership in the system; to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provi sions relating to membership in the fund.

SB 80. By Senators Timmons of the llth and Ragan of the 10th:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.

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277

SB 121. By Senator Timmons of the llth:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Anno tated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the retirement benefits under Option One, known as the "single life annuity"; to provide conditions for an effective date and for auto matic repeal.
SB 162. By Senator Kennedy of the 4th:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired or who shall retire under such Code section; to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund.
SB 209. By Senators Tate of the 38th, Clay of the 37th, Scott of the 36th and Langford of the 35th:
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, and Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize creditable service for certain unused sick leave which is accumulated at the time of retirement.
SB 312. By Senator Barker of the 18th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia-Federal State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said in spection service.
SB 344. By Senators Tate of the 38th and Fuller of the 52nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize credit able service for service as a teacher in certain private schools; to provide for defi nitions; to provide requirements and limitations relative to obtaining such credit able service.
SB 410. By Senator Phillips of the 9th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for the reporting of crime statistics to the Georgia Crime Information Center; to provide for the publication and distribution of such crime statistics to certain students, employees, or admis sion or employment applicants; to provide for procedures.
SB 420. By Senator Peevy of the 48th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of certain information to persons undergoing certain surgi cal or diagnostic procedures, so as to include intraductal injection procedures within the list of those diagnostic procedures that a person must be informed about and must consent to before having such procedure administered.
SB 435. By Senators Newbill of the 56th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to

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JOURNAL OF THE SENATE

change certain powers and duties of a hearing officer to consider matters in miti gation of a conviction.
SB 440. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools.
SB 444. By Senators Broun of the 46th, Kennedy of the 4th and Bowen of the 13th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emer gency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty.
SB 455. By Senators Timmons of the llth and Pollard of the 24th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi sions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain condi tions; to change the provisions relating to requirements for continued active membership in the fund.
SB 478. By Senators Pollard of the 24th, Turner of the 8th, Garner of the 30th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date.
SB 527. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th 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 additional sparsity grants for fiscal year 1991; to specifically repeal certain effective date and repeal date provisions; to provide for a new effective date and repeal date.
SB 553. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical malpractice claims in volving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for leg islative findings; to provide for definitions.
SR 297. By Senators Gillis of the 20th, Kidd of the 25th, Broun of the 46th and others:
A resolution providing for the placing of a marker on Colonel's Island in Glynn County in honor of former Governor S. Ernest Vandiver.
SR 302. By Senator Broun of the 46th:
A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee.

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279

SR 314. By Senator Dawkins of the 45th:
A resolution creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force.

SR 331. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Natural Resources; to provide for an effective date.

HB 1152. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of prop erty in cases of permanent change of station orders or temporary duty orders for a period in excess of three months.

HB 1195. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter.

HB 1196. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, so as to provide eligibility requirements for persons to be insured under the assigned risk plan.

HB 1275. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to change all refer ences to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs; to change references to the administrator of vet erans' affairs to refer to the secretary of veterans affairs.

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

Albert Allgood Barker Bowen Brannon Broun ^,urton
^ Coleman CDoefaflins Dean
Echols Edge Egan English Engram

Fincher Foster Fuller Garner Gillis Hammill gams
SHuogwgai.rnds KKiedndnedy Land
Langford McKenzie Newbill Olmstead Parker

Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th
SQ humake S*tuamrrb, augh, Tate
Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not answering were Senators:

Baldwin Barnes

Dawkins Johnson

Peevy Ragan of 10th

Senator Garner of the 30th introduced the chaplain of the day, Dr. Woodrow Hudson, pastor of Trinity Baptist Church, Carrollton, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted.

SR 364. By Senator Broun of the 46th: A resolution commending the Athens Insurance Center.

SR 365. By Senator Broun of the 46th:
A resolution commending the Athens Association of Independent Insurance Agents.

SR 366. By Senator Broun of the 46th: A resolution commending Lawrence P. Sparks, Jr.

SR 367. By Senator Broun of the 46th: A resolution expressing regret upon the passing of Harry 'Squab" Jones.

SR 368. By Senator Harris of the 27th:
A resolution recognizing and paying tribute to the county commissioners, county officials, and county employees of Georgia.

SR 369. By Senators Albert of the 23rd, Allgood of the 22nd and Pollard of the 24th:
A resolution commending and recognizing Dr. Maurice G. Patton on the occasion of his upcoming retirement.

SR 370. By Senators Kennedy of the 4th and Gillis of the 20th:
A resolution commending Georgia Southern College basketball head coach Frank Kerns.

SR 371. By Senators Kennedy of the 4th and Gillis of the 20th: A resolution commending Erk Russell.

SR 372. By Senators Kennedy of the 4th and Gillis of the 20th:
A resolution commending the 1989 Georgia Southern Eagles varsity football team.

Senator Bowen of the 13th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Public Safety:

HB 1186. By Representatives Jackson of the 9th and Barnett of the 10th:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for attorney's fees in certain enforcement actions; to specify what adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed.

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281

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1186 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Public Safety.

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
Thursday, January 25, 1990
NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1189 Garner, 30th Engram, 34th Douglas County
Places the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.

HB 1286 Turner, 8th Brooks County
Changes the compensation of the coroner of Brooks County.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barwneens
rannon
Coleman Collins Deal Dean Echols Edge

Egan Engram Fincher Foster
FGuilllliesr
Hammill Harris Howard
Huggins Kennedy Kidd Land Langford Newbill

Olmstead Peevy Perry Phillips
RRaagyan of 32nd
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger

Those not voting were Senators:

Dawkins English Garner Johnson

McKenzie Parker Pollard

Ragan of 10th Turner Walker

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JOURNAL OF THE SENATE

On the passage of both of the local bills, the yeas were 46, nays 0.
Both of the bills on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed.
Senator Johnson of the 47th introduced the Hart County High School Lady Bulldogs basketball team and Coach Eddie McCurley, who were commended by SR 359 adopted pre viously, and Coach McCurley briefly addressed the Senate.
SENATE CALENDAR
Thursday, January 25, 1990
NINTH LEGISLATIVE DAY
SB 424 Part-time Judges--compensation, expenses (S Judy--48th) SB 462 Adoption--surrender of parental rights (S Judy--28th) SB 470 Driver's License--minimum age (Amendment) (Pub S--25th) SB 507 Driver's License--education provisions those under 18 (Amendments)
(Ed--50th) SB 508 Residential Finance Authority--purposes, powers (B&F--8th) SR 309 Senate Study Committee on Rights of Peace Officers While Under Investiga
tion--create (Pub S--13th) HB 620 Fire Departments--minimum requirements on organization (I&L--45th) SB 454 Payment of Fine before Probation--maximum amount (Corr--44th) SB 469 Assigned State Office Space--3 days per week in office required (Gov Op--25th) SB 486 Recall Act of 1989--define "legal sufficiency" (Gov Op--25th) SB 488 Children's Day in Georgia--provide (Gov Op--50th) SB 525 Merit System Employee--converting sick leave (Gov Op--25th) SB 530 Economic Rehabilitation Act of 1975--revise (Amendment) (Gov Op--4th) SR 280 Jennie Weyman Memorial Bridge--designate (Trans--4th) SR 298 Attorney General--may file civil action on behalf of state (Judy--41st) SR 306 Warren D. Earnest, Sr. Bridge--designate (Trans--54th) SR 307 William Deverell, Sr. Bridge--designate (Trans--54th) SR 315 Administrative Funds for Unemployment Programs--alternatives (I&L--45th) HB 663 Probationary Driver's License--conditions for issuing to habitual violator
(Judy--29th) SR 282 Board of Education, School Superintendent--election and appointment
(Ed--49th)
The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 424. By Senator Peevy of the 48th: A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to provide for the definition of a part-time judge and to provide for the compensation and ex penses of such judge; to provide for related matters; to provide for an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, JANUARY 25, 1990

283

On 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
^^rUarntonnon CColalyeman
Collins Dawkins Dean
Echols Edge Egan English

Engram Fincher Foster Fuller Garner
"UamliSmi1.,,1 HHuagrrgisins
Kennedy Kidd Land
Langford Newbill Olmstead Parker

Peevy Perry Phillips Ragan of 32nd jjay
SSccootttt ooff 32n6dth S_,humak, e
btarr Stumbaugh Tate
Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Broun Deal

Howard Johnson McKenzie

Pollard Ragan of 10th Walker

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

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

SB 462. By Senators Edge of the 28th, Baldwin of the 29th, Peevy of the 48th and others:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption pro ceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effec tive date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins

Dawkins Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner

Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

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JOURNAL OF THE SENATE

Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate

Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Deal

Howard Langford

Pollard Starr

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

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

SB 470. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the minimum age requirements rela tive to the issuance of a driver's license; to provide that persons between 16 and 18 years of age may be issued a driver's license under certain conditions.

Senator Kidd of the 25th offered the following amendment:

Amend SB 470 by striking on page 1, line 15 the following: "who",

and inserting in lieu thereof the following: "whose".

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

Senator Howard of the 42nd offered the following amendment:

Amend SB 470 by adding on page 3 a new subsection 2 (E) at line 32 as follows: "(E) Must work in order to support a minor child."

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

The report of the committee, which was favorable to the 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 Bowen Burton Clay Coleman Collins

Dawkins Deal Dean Edge Egan English Engram Fincher

Foster Garner Gillis Hammill Harris Howard Huggins Johnson

THURSDAY, JANUARY 25, 1990

285

Kidd Land x, ,.,, Olmstead Peevy

Phillips Ragan of 32nd Scott of 2nd Scott of 36th Starr

Stumbaugh Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert AUgood Brannon Broun Echols

Fuller Kennedy Parker Perry

Ragan of 10th Shumake Tate Walker

Those not voting were Senators:

McKenzie

Pollard

Ray

On the passage of the bill, the yeas were 40, nays 13.

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

SB 507. By Senators Foster of the 50th, Huggins of the 53rd, Baldwin of the 29th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change which persons may not be licensed and provide for additional disqualifications for licensure; to establish certain edu cational eligibility requirements for persons under 18 years of age to receive driv ers' licenses or instruction permits.

The Senate Committee on Education offered the following amendment:

Amend SB 507 by striking from line 33 of page 6 the following: "instruction".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

Senator Newbill of the 56th offered the following amendment:

Amend SB 507 by adding before the semicolon on line 32 of page 4 the following: "and passing the basic skills examination."

On the adoption of the amendment offered by Senator Newbill of the 56th, Senator Parker of the 15th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Broun Burton

Clay Coleman Collins Dawkins Deal Dean

Echols Edge Egan English Engram Fincher

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JOURNAL OF THE SENATE

Foster Garner Gillis Hammill Sarris , Howard
Johnson Kennedy Kidd Land

Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

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

Those voting in the negative were Senators:

Albert Allgood

Brannon

Parker

Those not voting were Senators:

Fuller

Ray

Shumake

On the adoption of the amendment, the yeas were 49, nays 4, and the amendment was adopted.

Senator Foster of the 50th offered the following amendment:

Amend SB 507 by striking all matter appearing on lines 3 through 34 of page 5 and all matter appearing on lines 1 through 5 of page 6 and inserting in lieu thereof the following:
"(c) The State Board of Education and the Department of Public Safety shall, by Janu ary 1, 1991, promulgate rules and regulations which provide for adequate documentation of the requirements and procedures needed to implement subsection (b) of this Code section and of student withdrawal from school. Such rules and regulations shall minimize the amount of paperwork necessary to implement this Code section.
(d) The State Board of Education shall establish procedures for making determinations and appeals of decisions pursuant to this Code section."

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

Senator Howard of the 42nd offered the following amendment:

Amend SB 507 by adding on page 3, line 26, after the word "GED" the following: "or the necessity to work to support a minor child".

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

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

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

Those voting in the affirmative were Senators:

Baldwin Barker

Barnes Bowen

Broun Burton

THURSDAY, JANUARY 25, 1990

287

Clay Coleman Collins Dawkins eal Dean Edge Egan
English Engram
Fincher
Foster Gillis

Hammill Harris Howard Huggins i^T11 Kidd Land Langford
McKenzie Newbill
Olmstead
Peevy Phillips

Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th 0, ^tarr , Stumbaugh
Taylor Timmons
Turner
Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Brannon

Echols Fuller Kennedy

Parker Perry Tate

Those not voting were Senators:

Garner

Ray

Shumake

On the passage of the bill, the yeas were 44, nays 9.

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

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

SB 508. By Senators Turner of the 8th, McKenzie of the 14th, Timmons of the llth and others:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permited investments of the authority; to clarify the provisions relat ing to the state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation.

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 Egan English Engram Fincher Foster

Fuller Gillis Hammill Harris Howard Johnson Kidd Land Langford McKenzie Newbill

288

JOURNAL OF THE SENATE

Olmstead Parker Peevy Perry Phillips
Pollard

Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr
Tate

Taylor Timmons T 1Urner Tysmger
Walker

Those not voting were Senators:

Garner Muggins

Kennedy (presiding) Ray

Shumake Stumbaugh

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

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

SR 309. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and others:
A resolution creating the Senate Study Committee on Rights of Peace Officers While Under Investigation.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Brannon
roun Qa
Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Engram Fincher Foster Fuller
Gillis Hammill
Harris Howard
Huf?Sins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
Scott of 2nd Scott of 36th
ftarr , Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Garner

Ray

Kennedy (presiding)

Shumake

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

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

THURSDAY, JANUARY 25, 1990

289

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 Board of Postsecondary Vocational Edu cation to the State Board of Technical and Adult Education.
Senator Poster of the 50th moved that, since the House had dissolved the First Confer ence Committee, a Second Conference Committee be appointed on HB 628.
On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Second 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 Fincher of the 54th introduced the doctor of the day, Dr. John Antalis, of Dalton, Georgia.
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 12:14 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:00 A.M. tomorrow.

290

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, January 26, 1990 Tenth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. and was called to order by the President.
Senator Muggins 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 by the requisite constitutional majority the following bills of the House:
HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.
HB 1371. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act dividing Stephens County into school districts and pro viding for the election of members of the Board of Education of Stephens County, so as to change the provisions relating to the composition of Education District 2 in order to conform with an order of the Probate Court of Stephens County.
HB 1420. By Representative Meadows of the 91st: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, so as to change the salary of the tax commissioner.
HB 1424. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to repeal an Act fixing the compensation of the members of the Board of Education of Lowndes County, to provide for an effective date.
HB 1439. By Representative Walker of the 115th: A bill to create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a pub lic corporation to have the responsibility of promotion of tourism, trade, and con ventions for Perry, Georgia.
HB 67. By Representative Wall of the 61st: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its

FRIDAY, JANUARY 26, 1990

291

validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.
HB 1180. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".
HB 1159. By Representative Watson of the 114th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of a certain term; to define additional terms; to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the Georgia Residential Finance Authority.
HB 1160. By Representative Watson of the 114th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons con victed of certain illegal drug activity from participation in programs financed or administered by the authority.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 639. By Representatives Walker of the 85th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Cheeks of the 89th and others:
A resolution re-creating the Augusta-Richmond County Commission on Disadvantaged Youth.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 616. By Senator Barnes of the 33rd:
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 the acceptance and making of certain campaign contribu tions during legislative sessions; to provide for penalties in connection therewith; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relat ing to lobbying and registration of persons with the Secretary of State, so as to provide for definitions.
Referred to Committee on Special Judiciary.
SB 617. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Adminis trative Services, so as to provide that a local political subdivision shall not re quest a service from the Department of Administrative Services unless such po litical subdivision is unable to procure such service at the local level from the private sector at competitive prices. Referred to Committee on Governmental Operations.

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SB 618. By Senator Albert of the 23rd:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor. Referred to Committee on Consumer Affairs.
SB 619. By Senator Scott of the 36th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide that no medical waste incinerator shall be located within certain municipal corporations; to provide for exceptions; to define terms. Referred to Committee on Industry and Labor.
SB 620. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Asbestos Safety Act," so as to change the termination or "sunset" date of the Act; to provide for the continuation of said Act and the Asbestos Licensing Board for an additional period of time; to provide an effective date. Referred to Committee on Governmental Operations.
SB 621. By Senator Foster of the 50th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs under the "Qual ity Basic Education Act," so as to provide for a program of citizen support incen tive grants; to provide for definitions; to provide the basis for such grants to each school system. Referred to Committee on Education.
SB 622. By Senators Foster of the 50th and Dean of the 31st :
A bill to amend Code Section 20-4-31 of the Official Code of Georgia Annotated, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, so as to provide that full-time adult education personnel who have previously become or hereafter become em ployees of said department shall be granted an amount of initial accrued sick and annual leave. Referred to Committee on Education.
SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and Kennedy of the 4th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman. Referred to Committee on Higher Education.
SB 624. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to increase the civil penalty for a violation of

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wastewater pretreatment regulations from a maximum of $750.00 per day to a maximum of $1,000.00 per day.
Referred to Committee on Urban and County Affairs.
SB 625. By Senator Kidd of the 25th:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, tires, and other equipment on motor vehicles, so as to change the definition of the crime relating to the affixing of materials which reduce light transmission through windows or windshields of motor vehicles; to prohibit affixing of material to certain windows and the rear windshield of motor vehicles resulting in a reduction of light trans mission to less than 20 percent.
Referred to Committee on Public Safety.
SB 626. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody, so as to change the defini tion of the offense of sexual assault against persons in custody; to provide a pen alty for the offense; to provide for an effective date.
Referred to Committee on Special Judiciary.
SB 627. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, so as to provide that no court may enter an order in a product liability action involving a product distributed in commerce that forbids any person from making any document or other information obtained in discovery available to certain agencies or judicial or legislative bodies.
Referred to Committee on Special Judiciary.
SB 628. By Senators Olmstead of the 26th, Harris of the 27th, Barker of the 18th and Albert of the 23rd:
A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review procedures, so as to change certain time periods for hearings for applica tions for a project.
Referred to Committee on Human Resources.
SB 629. By Senators Tate of the 38th, Langford of the 35th, Scott of the 36th and others:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational activities if school sys tems are reimbursed in full from sources other than public school funds.
Referred to Committee on Education.
SR 373. By Senators Barnes of the 33rd, Gillis of the 20th, English of the 21st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide that agricultural land, which shall include land used for the production of timber, shall be a separate class of prop erty for ad valorem tax purposes or to provide different methods of taxation of

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such property; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking and Finance.
The following bills and resolution of the House were read the first time and referred to committees:
HB 67. By Representative Wall of the 61st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school. Referred to Committee on Judiciary.
HB 1159. By Representative Watson of the 114th: A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of a certain term; to define additional terms; to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the Georgia Residential Finance Authority.
Referred to Committee on Industry and Labor.
HB 1160. By Representative Watson of the 114th: A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons con victed of certain illegal drug activity from participation in programs financed or administered by the authority.
Referred to Committee on Industry and Labor.
HB 1180. By Representative Lane of the 27th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".
Referred to Committee on Public Safety.
HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.
Referred to Committee on Appropriations.
HR 639. By Representatives Walker of the 85th, Padgett of the 86th, Ransom of the 90th and others: A resolution re-creating the Augusta-Richmond County Commission on Disadvantaged Youth.
Referred to Committee on Urban and County Affairs.
HB 1371. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act dividing Stephens County into school districts and pro viding for the election of members of the Board of Education of Stephens

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County, so as to change the provisions relating to the composition of Education District 2 in order to conform with an order of the Probate Court of Stephens County. Referred to Committee on Urban and County Affairs.
HB 1420. By Representative Meadows of the 91st: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, so as to change the salary of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1424. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to repeal an Act fixing the compensation of the members of the Board of Education of Lowndes County, to provide for an effective date.
Referred to Committee on Urban and County Affairs.
HB 1439. By Representative Walker of the 115th: A bill to create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a pub lic corporation to have the responsibility of promotion of tourism, trade, and con ventions for Perry, Georgia.
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 bill and reso lution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 575. Do pass by substitute. SR 342. Do pass.
Respectfully submitted, Senator English of the 21st District, Chairman
Mr. President:
The Committee on Banking and Finance 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 327. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 542. Do pass.

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SB 570. Do pass.

Respectfully submitted, Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 523. Do pass.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 336. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

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

SB 412. By Senator Fuller of the 52nd:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to pro vide that such prohibitions against gambling shall not apply to certain games or devices; to provide for requirements in connection therewith; to provide for penalties.

SB 441. By Senator Shumake of the 39th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide that local housing authorities shall post signs in public housing projects which cite the law prohibiting loitering.

SB 443. By Senators Kidd of the 25th, Harris of the 27th, Ray of the 19th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to court, and Title 19 of the Official Code of Georgia Annotated, relating to domes tic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to provide for defini tions; to provide for jurisdiction and findings.

SB 445. 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, and Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the

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exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law.
SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide vision standards with respect to persons who utilize bioptic telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes.
SB 449. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by the chief clerk upon a vacancy occur ring in the office of judge of the probate court, so as to change the provisions regarding the filling of such vacancy.
SB 457. By Senators Albert of the 23rd, Kidd of the 25th, Johnson of the 47th and others:
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 provide for definitions; to provide for reservation and transfer of rights of reproduction of works of fine art; to provide for rights of ownership of works of fine art and transfer thereof; to provide for reservation of certain rights in works of fine art.
SB 464. By Senators Dawkins of the 45th and Edge of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to correct an error relative to the pay ment of benefits to dependents of a deceased employee; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insur ance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis.
SB 472. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt.
SB 483. By Senator Fincher of the 54th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
SB 489. By Senator Foster of the 50th:
A bill to amend Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to the qualifications of directors of downtown development authorities, so as to change the provisions relating to such qualifications; to provide an effec tive date.
SB 494. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici-

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pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
SB 512. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols and revolvers, so as to exclude persons convicted of an offense involving illegal drugs from eligibility to receive or hold such licenses; to provide for definitions; to provide an effective date.
SB 555. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions.
SB 565. By Senator Johnson of the 47th:
A bill to amend Code Section 48-13-37 of the Official Code of Georgia Annotated, relating to preclusion of a right to bring an action for payment on a contract by a contractor in violation of the provisions relating to nonresident contractors, so as to allow cure to restore a right to bring an action on contract; to provide a civil penalty for failure to abide by the provisions relating to nonresident contractors; to provide for applicability.
SB 566. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to pro vide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license.
SB 567. By Senators Coleman of the 1st, Huggins of the 53rd and Olmstead of the 26th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped per sons; to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for certain persons authorized by nonprofit agencies to op erate vehicles, so as to change a reference to a certain Code section.
SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and Deal of the 49th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to pro vide a short title; to provide for declaration of purpose and policies; to define certain terms.
SR 330. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Community Affairs; to provide for an effective date.

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SR 332. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying the supplemental funding formula for regional develop ment centers established by the Department of Community Affairs; to provide for an effective date.

HB 1247. By Representatives Birdsong of the 104th and Barnett of the 10th:
A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the proposed demoli tion of certain county courthouses must be submitted to the voters of the county for approval or rejection; to provide for the application of the provisions of Chap ter 2 of Title 21, the "Georgia Election Code".

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

Albert Allgood Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge English

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker

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

Those not answering were Senators:

Barker Barnes Brannon Deal Egan

Engrain Fincher Garner Langford McKenzie

Ragan of 10th Shumake
Timmons Walker

Senator Taylor of the 12th introduced the chaplain of the day, Reverend Jerry V. Crook, pastor of St. Philips Episcopal Church, Hinesville, Georgia, who offered scripture reading and prayer.

SENATE CALENDAR Friday, January 26, 1990 TENTH LEGISLATIVE DAY HB 620 Fire Departments--minimum requirements on organization (I&L--45th) SB 454 Payment of Fine before Probation--maximum amount (Corr--44th) SB 469 Assigned State Office Space--3 days per week in office required (Gov Op--25th) SB 486 Recall Act of 1989--define "legal sufficiency" (Gov Op--25th) SB 488 Children's Day in Georgia--provide (Amendment) (Gov Op--25th) SB 525 Merit System Employee--converting sick leave (Gov Op--25th) SB 530 Economic Rehabilitation Act of 1975--revise (Amendment) (Gov Op--4th) SR 280 Jennie Weyman Memorial Bridge--designate (Trans--54th)

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SR 298 Attorney General--may file civil action on behalf of state (Judy--41st)
SR 306 Warren D. Earnest, Sr. Bridge--designate (Trans--54th)
SR 307 William Deverell, Sr. Bridge--designate (Trans--54th)
SR 315 Administrative Funds for Unemployment Programs--alternatives (I&L--45th)
HB 663 Probationary Driver's License--conditions for issuing to habitual violator (Amendment) (Judy--29th)
SR 282 Board of Education, School Superintendent--election and appointment (Substi tute) (Ed--49th)
SB 79 Superior Court Judges' Retirement--membership (Substitute) (Ret--llth)
SB 80 Teachers Retirement--early retirement with 30 years, certain members (Ret--llth)
SB 121 Sheriffs' Retirement--benefits under "single life annuity" (Ret--llth)
SB 162 Firemen's Pension Fund--increase benefits (Ret--4th)
SB 209 Teachers Retirement--credit for certain unused sick leave (Ret--38th)
SB 312 Employees' Retirement--Federal-State Shipping Point Inspection Service (Sub stitute) (Ret--18th)
SB 344 Teachers Retirement--credit for certain private school service (Substitute) (Ret--38th)
SB 410 Colleges--distributing crime statistics to certain persons (Ed--9th)
SB 420 Medical Informed Consent--intraductal injection procedures (Hum R--48th)
SB 435 Day-Care Records Checks--mitigation of conviction (Hum R--56th)
SB 440 Grants to School Systems Operating Middle Schools--criteria (Ed--56th)
SB 444 Law Enforcement Indemnification--when considered in line of duty (Substitute) (Pub S--46th)
SB 455 Sheriffs' Retirement Fund--application for membership (Ret--llth)
SB 478 Dumps, Within Certain Distance of Certain Areas--exceptions (Nat R--24th)
SB 527 Quality Basic Education--additional sparsity grants for 1991 (Ed--7th)
SB 553 Medical Malpractice--arbitration, certain obstetrical claims (Substitute) (Hum R--49th)
SR 297 Colonel's Island--marker in honor of former Governor Ernest Vandiver (Nat R--20th)
SR 302 Senate Postsecondary Vocational Education Laboratory, Equipment, and Li brary Research Needs Study Committee--create (Ed--46th)
SR 314 Joint Legislative Public Task Force on Revising Employment Security Law--create (Amendments) (I&L--45th)
SR 331 Natural Resources Department--ratifying certain minimum standards (Nat R--14th)
HB 1152 Landlord, Tenant--limit certain military liability (D&VA--15th)
HB 1195 Fair Access to Insurance Requirements--extend operation time of chapter (Ins--39th)
HB 1196 Automobile Insurance--requirements for assigned risk plan (Ins--16th)
HB 1275 U.S. Veterans' Administration--change Code references to Department of Veter ans' Administration (D&VA--51st)

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

SB 454. By Senator Starr of the 44th:
A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a fine as a condition precedent to pro bation, so as to increase the maximum amount of the fine that may be imposed.

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 Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

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 Stumbaugh Tate Taylor Timmons Turner

Those not voting were Senators:

Barker Barnes Brannon Broun Engram

McKenzie Peevy Scott of 2nd Scott of 36th

Shumake Starr Tysinger Walker

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

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

SB 469. 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 merit system generally, so as to provide that full-time employees in the classified or unclassified service who are assigned office space on state property or property leased by the state shall be required to remain at their offices three days of each week; to provide exceptions.

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:

Allgood Barker Bowen Burton Coleman Collins Dean Echols English Fincher Fuller

Garner Gillis Hammill Harris Huggins Kennedy Kidd Land Langford Olmstead

Parker Phillips Ray Scott of 2nd Scott of 36th Tate Taylor Timmons Turner Tysinger

Those voting in the negative were Senators:

Albert Baldwin Barnes Broun Clay Dawkins Deal

Edge Egan Foster Howard Johnson McKenzie Newbill

Peevy Perry Pollard Ragan of 10th Starr Stumbaugh

Those not voting were Senators:

Brannon Engram

Ragan of 32nd Shumake

Walker

On the passage of the bill, the yeas were 31, nays 20.

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

SB 486. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an applica tion for recall petition for circulation and of the filing of such completed applica tion for verification; to provide for filing applications for recall exceeding one page in length.

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

Collins Dawkins Deal Dean Edge Egan English Fincher

Foster Fuller Gillis Hammill Harris Howard Huggins Johnson

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303

Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Allgood Brannon Coleman Echols

Engram Garner Kennedy McKenzie

Ragan of 10th Taylor Walker

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

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

SB 488. By Senator Foster of the 50th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for the observance of "Chil dren's Day" in Georgia; to provide an effective date.

Senator Foster of the 50th offered the following amendment:

Amend SB 488 by striking the word "June" on line 20 of page 1 and inserting in its place the word "October".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

On 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
BBruorutonn CCloalylins Dawkins
Deal Dean Edge English Fincher

Foster Fuller Gillis Hammill
Harris Huggins
JKoehnnnseodny KLaidndd Langford
McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of i0th
Ragan of 32nd ^
Scott of 2nd Scott of 36th Shumake Stumbaugh
Tate Taylor Timmons Turner Tysinger

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Those not voting were Senators:

Brannon Coleman Echols

Egan Engrain Garner

Howard Starr Walker

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

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

SB 525. 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 an employee in the classified service to convert up to three days of accrued sick leave to three regular workdays' compensation or salary under cer tain circumstances in lieu of converting such accrued sick leave to personal leave.

Senator Kidd of the 25th moved that SB 525 be postponed until Tuesday, January 30.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 525 was post poned until Tuesday, January 30.

SB 530. By Senator Kennedy of the 4th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise Chapter 8 of said title, known as "The Economic Rehabilitation Act of 1975"; to change the provisions relating to the purpose of the chapter; to change certain definitions and delete other definitions; to change the provisions relating to administration of such chapter.

The Senate Committee on Governmental Operations offered the following amendment:

Amend SB 530 by striking lines 1 through 3 of page 2 and inserting in lieu thereof the following:
"49-8-2. It is the purpose of this chapter to provide direction and technical assistance".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean

Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins

Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th

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305

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

Shumake Starr Stumbaugh Tate

Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Coleman

Engram Phillips

Walker

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

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

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

SR 280. By Senator Fincher of the 54th: A resolution designating the Jennie Weyman Memorial Bridge.

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 Dawkins Deal Dean English

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

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

Those not voting were Senators:

Brannon Echols Edge Egan

Engram Garner Kennedy (presiding) Phillips

Shumake Tate Taylor Walker

On the adoption of the resolution, the yeas were 44, nays 0.

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

SR 298. By Senator Tysinger of the 41st: A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Attorney General,

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acting in his or her sole discretion, to file any civil action on behalf of or against any depart ment, agency, board, or commission of the executive department of the state which the Attorney General deems necessary for enforcement of the Constitution and laws of this state and protection of public rights and interests; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article V, Section III of the Constitution is amended by striking Paragraph IV in its entirety and inserting in lieu thereof a new Paragraph IV to read as follows:

"Paragraph IV. Attorney General; duties. The Attorney General shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in all capital felonies and in all civil and criminal cases in any court when required by the Gover nor, and shall perform such other duties as shall be required by law. The Attorney General is authorized, acting in his or her sole discretion, to file any civil action on behalf of or against any department, agency, board, or commission of the executive department of the state which the Attorney General deems necessary for enforcement of the Constitution and laws of this state and protection of public rights and interests."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the Attorney General, acting in his or her sole discretion, to file any civil action on behalf of or against any department, agency, board, or commission of the executive de partment of this state which the Attorney General deems necessary for en forcement of the Constitution and laws of the state and protection of public rights and interests?"

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

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Kidd Land

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

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307

Timmons Turner

Tysinger

Walker

Those voting in the negative were Senators:

Baldwin Egan Fuller

Johnson McKenzie Scott of 36th

Shumake Tate

Those not voting were Senators:

Barnes Brannon

Kennedy (presiding) Langford

Taylor

On the adoption of the resolution, the yeas were 43, nays 8.

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

Senator Gillis of the 20th introduced the doctor of the day, Dr. Steve Garner, of Dublin, Georgia.

Senator Huggins of the 53rd moved that Senator Brannon of the 51st be excused from the Senate today.

On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Brannon of the 51st was excused from the Senate today.

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

SR 306. By Senator Fincher of the 54th: A resolution designating the Warren D. Earnest, Sr. Bridge.

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 Dawkins Deal Dean Echols Edge

Egan English Engram Fincher Foster Fuller Garner
Gillis Hammill Harris Howard Huggins Johnson 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

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Timmons Turner

Tysinger

Walker

Those not voting were Senators:

Brannon (excused) Kennedy (presiding)

Langford

Taylor

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

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

SR 307. By Senator Fincher of the 54th: A resolution designating the William Deverell, Sr. Bridge.

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
ja Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Engram
Fincher Foster
Garner Gillis Harris Howard Johnson Kidd Land Newbill Olmstead Peevy

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

Those not voting were Senators:

Brannon (excused) Fuller Hammill Huggins

Kennedy (presiding) Langford McKenzie

Parker Taylor Walker

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

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

SR 315. By Senator Dawkins of the 45th:
A resolution urging the United States Congress and the United States Depart ment of Labor to explore legislative and regulatory alternatives which will pro vide adequate administrative funds for employment and unemployment pro grams in Georgia.

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309

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 B^urorutonn
Coleman C 0 ni ns Dawkins j)eal Dean Echols Edge Egan

English Engram Fincher Foster Fuller
Garner HGialmlismill
Harris Howard Huggins Johnson Kidd Land McKenzie Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th RRaaygan of 32nd
Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger

Those not voting were Senators:

Brannon (excused) Kennedy (presiding) Langford

Newbill Taylor

Timmons Walker

On the adoption of the resolution, the yeas were 49, nays 0.

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

HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.
Senate Sponsor: Senator Baldwin of the 29th.

Senator Taylor of the 12th offered the following amendment:

Amend HB 663 by striking from line 18 of page 3 the following: "24",
and inserting in lieu thereof the following: "20".
By striking from line 31 of page 12 the following: "$50.00",

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and inserting in lieu thereof the following: "$75.00".

Senator Kidd of the 25th offered the following amendment:

Amend HB 663 by adding on line 8 of page 13 between the word "entity" and the period the following:
"; provided, however, that in any political subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall provide such program".

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 31, nays 9, and the amendment was adopted.

Senator Stumbaugh of the 55th moved that HB 663 be placed on the Table.

On the motion, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bowen Burton Collins Dawkins Echols Engram

Land Newbill Parker Peevy Perry Pollard

Ragan of 10th Scott of 36th Shumake Stumbaugh Turner Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin Barnes Broun Clay Coleman Deal Dean Edge Egan

English Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd McKenzie

Olmstead Phillips Ragan of 32nd Ray Scott of 2nd Starr Tate Taylor Timmons Walker

Those not voting were Senators:

Brannon (excused) Fincher

Gillis Kennedy (presiding)

Langford

On the motion, the yeas were 19, nays 32; the motion was lost, and HB 663 was not placed on the Table.

On the adoption of the amendment offered by Senator Taylor of the 12th, Senator Tay lor of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows:

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311

Those voting in the affirmative were Senators:

Barker Barnes Bowen Broun Burton Clay Collins Dawkins Dean

Echols Fincher Foster Fuller Garner Huggins Kidd Land Parker

Peevy Perry Ragan of 10th Scott of 36th Stumbaugh Tate Taylor Turner Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin Deal Edge Egan English

Engram Hammill Harris Howard Johnson McKenzie Olmstead

Phillips Ragan of 32nd Ray Scott of 2nd Shumake Starr Walker

Those not voting were Senators:

Brannon (excused) Coleman Gillis

Kennedy (presiding) Langford Newbill

Pollard Timmons

On the adoption of the amendment, the yeas were 27, nays 21, 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
" urton PCCoo,llyleimnsan Dawkins Deal Dean Echols Edge Egan

English Engram Fincher
Foster
Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Olmstead Parker

Peevy Perry Phillips
Ragan of 10th
Ray Scott of 2nd Scott of 36th Shumake SS_ ttuamrrb, augh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Gillis Kennedy (presiding)

Langford Newbill

Pollard Ragan of 32nd

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On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1243. By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd: 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 definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult.
The following general resolution, having been read the third time on January 24 and postponed until January 25, was put upon its adoption:
SR 282. By Senator Deal of the 49th: A resolution proposing an amendment to the Constitution so as to provide for the election of members of the State Board of Education and the appointment of the state school superintendent; to provide for the submission of this amendment for ratification or rejection.
Senator Newbill of the 56th offered the following substitute to SR 282:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the nomination of members of the State Board of Education by the members of the Georgia House of Repre sentatives from congressional districts meeting in caucus and for the election from such nominees of members of the State Board of Education by members of the Georgia Senate from congressional districts meeting in caucus and for the election of the state school super intendent by a majority vote of the State Board of Education and for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and substituting in lieu thereof new subparagraphs (a) and (b) to read as follows:
"(a) As used in this Paragraph, the term 'public official' means the Governor, the Lieu tenant Governor, the Secretary of State, the Attorney General, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly.
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the in dictment to the Governor or, if the indicted public official is the Governor, to the Lieuten ant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review

FRIDAY, JANUARY 26, 1990

313

commission. If the indicted public official is the Governor, the commission shall be com posed of the Attorney General, the Secretary of State, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not mem bers of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the com mission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for ob taining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall made a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administra tion of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public offi cial, the Lieutenant Governor shall suspend the public official immediately and without fur ther action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately rein stated to the office from which the officer was suspended. While a public official is sus pended under this Paragraph and until initial conviction by the trial court, the officer shall continue to receive the compensation from the office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from the office. If the officer is reinstated to office, the officer shall be entitled to receive any compensation with held under the provisions of this Paragraph."
Section 2. Article V, Section II, Paragraph VIII of the Constitution is amended by strik ing subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, Commissioner of Insur ance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by ap pointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified."
Section 3. Article V, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor."
Section 4. Article V, Section III, Paragraph II of the Constitution is amended by strik ing subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:
"(a) No person shall be eligible to the office of the Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless

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such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties."
Section 5. Article V, Section IV, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. 'Elected constitutional executive officer', how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieuten ant Governor, the Secretary of State, the Attorney General, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor."
Section 6. Article VIII, Section II, Paragraph I of the Constitution is amended by strik ing subparagraph (a), which reads as follows:
"(a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. The terms of office of all members appointed after the effective date of this Constitution shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.",
in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:
"(a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state. At least three nominees for a member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. The member of the board from each congres sional district shall be elected from such nominees by a majority vote of the members of the Senate whose respective districts are embraced or partly embraced within such congres sional district meeting in caucus. Except for initial terms of office, members of the board shall serve for terms of office of five years and until their successors are elected and quali fied. The General Assembly shall provide by law the procedure for the nomination and elec tion of members as provided in this subparagraph and for filling vacancies on the board. The members of the board holding office on January 1, 1991, shall continue to serve until the General Assembly provides by law for the nomination and election of their successors as provided in this subparagraph. A law enacted pursuant to the provisions of this subpara graph may shorten or abolish the terms of office of members of the board holding office on the date such law becomes effective."
Section 7. Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Paragraph, which reads as follows:
"Paragraph I. State School Superintendent. There shall be a State School Superinten dent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.",

FRIDAY, JANUARY 26, 1990

315

in its entirety and substituting in lieu thereof a new Paragraph I to read as follows:

"Paragraph I. State school superintendent. There shall be a state school superintendent who shall be the executive officer of the State Board of Education and who shall have such powers and duties as provided by law. The person elected as state school superintendent at the general election of 1990 who takes office during January, 1991, shall serve until the expiration of the term to which elected unless a vacancy occurs by resignation or for any other reason prior to the expiration of such term. Thereafter, the state school superinten dent shall be elected by a majority vote of the State Board of Education to serve for such term of office, not exceeding four years, as the State Board of Education shall determine. The state school superintendent shall have such qualifications and shall receive such com pensation as may be provided by law. Any vacancy in the office of state school superinten dent shall be filled by a majority vote of the State Board of Education."

Section 8. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide for the nomination of members of the State Board of Education by members of the Georgia House of Representatives from congressional districts meeting in caucus and for the election from such nominees of members of the State Board of Educa tion by members of the Georgia Senate from congressional districts meeting in caucus and for the election of the state school superintendent by a major ity vote of the State Board of Education?"

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

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

Senator Stumbaugh of the 55th offered the following amendment:

Amend SR 282 by adding on line 9 of page 7 the following: "No member may be elected to serve more than 3 four-year terms."

Senator Shumake of the 39th offered the following amendment:

Amend the amendment offered by Senator Stumbaugh of the 55th to SR 282 by strik ing on line 3 of the amendment the figure "3", and inserting in lieu thereof the figure "2".

On the adoption of the amendment offered by Senator Shumake of the 39th to the amendment offered by Senator Stumbaugh of the 55th, the yeas were 17, nays 21, and the amendment was lost.

On the adoption of the amendment offered by Senator Stumbaugh of the 55th, the yeas were 26, nays 12, and the amendment was adopted.

Senator Shumake of the 39th offered the following amendment:

Amend SR 282 by adding on line 9, page 7, after the period, the following:
"No person shall be qualified for election to the State Board of Education who is at that time employed as a teacher in any public or private school in this State."

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On the adoption of the amendment, the yeas were 2, nays 44, and the amendment was lost.

On the adoption of the substitute to SR 282 offered by Senator Newbill of the 56th, Senator Newbill of the 56th 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 Echols Edge

Egan Engram Land Newbill

Perry Phillips Ragan of 32nd Tysinger

Those voting in the negative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Coleman Dawkins Deal Dean English Fincher Foster

Fuller Garner Hammill Harris Howard Huggins Johnson Kidd McKenzie Parker Peevy Pollard

Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Barker Brannon (excused)

Gillis Kennedy (presiding)

Langford Olmstead

On the adoption of the substitute, the yeas were 13, nays 37, and the substitute was lost.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Clay Collins Dawkins Deal English Engram Fincher

Foster Fuller Hammill Howard Land Newbill Peevy Ragan of 10th

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

FRIDAY, JANUARY 26, 1990

317

Those voting in the negative were Senators:

Baldwin Barnes Bowen Broun Burton Coleman Dean Echols Edge

Egan Garner Harris Hugging Johnson Kidd McKenzie Olmstead Parker

Perry Phillips Pollard Scott of 2nd Shumake Tate Timmons Turner

Those not voting were Senators:

Barker Brannon (excused)

Gillis Kennedy (presiding)

Langford

On the adoption of the resolution, the yeas were 25, nays 26.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

The following bill of the House was read the first time and referred to committee:

HB 1243. By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd:
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 definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult.
Referred to Committee on Judiciary.

The following resolution of the Senate was read and put upon its adoption:

SR 377. By Senators Tysinger of the 41st, Broun of the 46th and Foster of the 50th:
A resolution urging the National Football League owners to select Georgia and the Georgia Dome as the site for the 1994 Super Bowl.

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution was adopted.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. on Monday, January 29, and the motion prevailed.

At 12:20 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand adjourned until 10:00 o'clock A.M. on Monday, January 29.

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Senate Chamber, Atlanta, Georgia Monday, January 29, 1990 Thirteenth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, January 26, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1413. By Representative Adams of the 79th: A bill to provide for the merger and consolidation of the existing Upson County School System and the existing City of Thomaston Independent School System into a single county-wide school system; to provide that such unified school sys tem shall be known as the Thomaston-Upson County School System.
HB 1431. By Representative Ricketson of the 82nd: A bill to provide a new charter for the City of Norwood.
HB 1461. By Representative Long of the 142nd: A bill to amend an Act providing a new charter for the City of Whigham, so as to change the provisions relating to the election and terms of the mayor and councilmen.
HB 1462. By Representative Moultrie of the 93rd: A bill to provide a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes for certain residents of that city.
HB 1464. By Representatives Alford of the 57th, Mangum of the 57th, Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th and others: A bill to abolish the office of elected county surveyor of DeKalb County; to pro vide for the appointment of said official by the county governing authority.
HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers.

MONDAY, JANUARY 29, 1990

319

HB 1374. By Representatives Walker of the 115th, Reaves of the 147th, Godbee of the 110th, Mangum of the 57th, Thomas of the 69th and others:
A bill to amend Code Section 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, so as to change provisions relating to compensation of members of the authority; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions.
HB 458. By Representative Adams of the 79th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain persons who are allowed to continue as members of the retirement system may obtain certain creditable service; to provide requirements and for other mat ters relative thereto.
HB 1232. By Representatives Cheeks of the 89th, Parham of the 105th, Brown of the 88th, Ransom of the 90th, Williams of the 48th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation.
HB 1181. By Representatives Walker of the 115th, Groover of the 99th and Watson of the 114th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to prohibit the telephonic transmission of certain unsolicited commercial facsimile messages.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 630. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to domestic relations in general, so as to provide that the parties in cer tain domestic relations actions shall be required to complete a seminar for par ents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar. Referred to Committee on Children and Youth.
SB 631. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health, mental retardation, substance abuse, and other disability services, so as to create the Self-sufficiency Trust Fund for Mentally Disabled Persons and provide for the administration of and payments to and from the fund; to provide for definitions. Referred to Committee on Human Resources.
SB 632. By Senator Egan of the 40th:
A bill to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as as the "Uniform Management of Institutional Funds Act," so as to define "historic dollar value" of an endowment fund of a charitable institution

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for the purpose of determining the total return of the endowment fund; to change provisions relating to definitions. Referred to Committee on Judiciary.
SB 633. By Senators Shumake of the 39th and Kidd of the 25th: A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to require school attendance as a condition of eligibility for assistance; to provide for the release of school attendance records.
Referred to Committee on Governmental Operations.
SB 634. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, so as to provide for Supreme Court of Georgia approval of the disciplining of magistrates. Referred to Committee on Judiciary.
SB 635. By Senators Johnson of the 47th, Deal of the 49th and Peevy of the 48th: A bill to amend Code Section 40-11-5 of the Official Code of Georgia Annotated, relating to the foreclosure procedure for liens on abandoned motor vehicles, so as to increase the filing fee for a vehicle lien foreclosure; to provide an effective date.
Referred to Committee on Judiciary.
SB 636. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd: A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, so as to provide a qualified privilege for persons, companies, or other entities engaged in news gathering and dissemination; to provide an effective date.
Referred to Committee on Judiciary.
SB 637. By Senators Ray of the 19th, Parker of the 15th, Phillips of the 9th and others:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veteran's license plates, so as to provide that the commissioner of revenue is authorized and directed to design the license plate of disabled veterans. Referred to Committee on Defense and Veterans Affairs.
SR 374. By Senators Tate of the 38th, Howard of the 42nd, Coleman of the 1st and others: A resolution creating the Senate Older Georgians' Transportation Study Committee.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 458. By Representative Adams of the 79th: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain persons who are allowed to continue as members of the retirement system

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may obtain certain creditable service; to provide requirements and for other mat ters relative thereto.
Referred to Committee on Retirement.
HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers.
Referred to Committee on Agriculture.
HB 1181. By Representatives Walker of the 115th, Groover of the 99th and Watson of the 114th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to prohibit the telephonic transmission of certain unsolicited commercial facsimile messages.
Referred to Committee on Public Utilities.
HB 1232. By Representatives Cheeks of the 89th, Parham of the 105th, Brown of the 88th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation.
Referred to Committee on Defense and Veterans Affairs.
HB 1374. By Representatives Walker of the 115th, Reaves of the 147th, Godbee of the 110th and others:
A bill to amend Code Section 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, so as to change provisions relating to compensation of members of the authority; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions. Referred to Committee on Agriculture.
HB 1413. By Representative Adams of the 79th:
A bill to provide for the merger and consolidation of the existing Upson County School System and the existing City of Thomaston Independent School System into a single county-wide school system; to provide that such unified school sys tem shall be known as the Thomaston-Upson County School System.
Referred to Committee on Urban and County Affairs.
HB 1431. By Representative Ricketson of the 82nd:
A bill to provide a new charter for the City of Norwood.
Referred to Committee on Urban and County Affairs.

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HB 1461. By Representative Long of the 142nd:
A bill to amend an Act providing a new charter for the City of Whigham, so as to change the provisions relating to the election and terms of the mayor and councilmen.
Referred to Committee on Urban and County Affairs.

HB 1462. By Representative Moultrie of the 93rd:
A bill to provide a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes for certain residents of that city. Referred to Committee on Urban and County Affairs.

HB 1464. By Representatives Alford of the 57th, Mangum of the 57th, Oliver of the 53rd and others:
A bill to abolish the office of elected county surveyor of DeKalb County; to pro vide for the appointment of said official by the county governing authority.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Banking and Finance 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 540. Do pass.

SB 615. Do pass.

SB 601. Do pass by substitute.

HB 1406. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 391. Do pass. SR 155. Do pass by substitute.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 335. Do pass. SR 336. Do pass.
Respectfully submitted,
Senator Scott of the 2nd 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 1283. Do pass.
HB 1327. Do pass.
Respectfully submitted,
Senator Harris of the 27th District, Chairman
The following bills and resolutions of the Senate were read the second time:
SB 336. By Senators Deal of the 49th, Barnes of the 33rd and Johnson of the 47th:
A bill to amend the Official Code of Georgia Annotated, so as to revise and su persede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for con struction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence.
SB 523. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with refer ence to personal insurance, so as to authorize certain privately owned corpora tions and trusts providing benefits to employees to effectuate insurance upon their employees without obtaining consent; to provide for an effective date.
SB 542. By Senators Kidd of the 25th and Land of the 16th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of the sale of alcoholic beverages on Sunday, so as to provide that in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing au thority of the county or municipality may by resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises in any licensed establishment from 8:00 P.M. until 12:00 Midnight on any Sunday which falls on the thirty-first day of December.
SB 570. By Senators Scott of the 2nd, Langford of the 35th, Albert of the 23rd and others:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection.
SB 575. By Senator English of the 21st:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-6 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide the penalties for such offenses.

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SR 327. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for solid waste recycling or other solid waste facilities or sys tems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide for the submission of this amendment for ratification or rejection.

SR 342. By Senators Ragan of the 10th, English of the 21st, Echols of the 6th and others:
A resolution urging the Georgia congressional delegation to support the extension of the federal excise tax exemption for ethanol blended motor fuel.

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

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

Edge Egan English Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie

Those not answering were Senators:

Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Tate Taylor Timmons Turner Tysinger

Engram Fincher Langford

Phillips Scott of 36th Shumake

Stumbaugh Walker

Senator Perry of the 7th introduced the chaplain of the day, Reverend Stephen L. Webb, pastor of Nashville United Methodist Church, Nashville, Georgia, who offered scrip ture reading and prayer.

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325

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
January 26, 1990
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 1990 Regular Session as of January 26, 1990. The list is numbered 905 through 969.
Most sincerely,
Is/ Max Cleland Secretary of State
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 905 through 969, who have registered in the Docket of Legislative Appearance as of January 26, 1990, 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 26th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

/s/ Max Cleland Secretary of State

905. Robert Martin Soloway 1347 Benning PL Atlanta, Georgia 30307 (404)523-4624 Citizen
906. Bill Porter 1655 Tullie Cir--Ste 108 Atlanta, Georgia 30329 (404)329-0880 Citizen Georgia Rails Into Trails Society (GRITS)

907. Richard D. Robinson 355 Bear Creek Trail
Hampton, Georgia 30228 (404)765-3373 Citizen

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908. Maggie Lawson Junior League DeKalb-- Trinity Place Decatur, Georgia 30030 (404)378-4356 Child Protection Education Infant Mortality Troubled Children/Youth
909. William W. Holland 363 Georgia Ave. S.E. Atlanta, Georgia 30312 (404)589-9495 Task Force for the Homeless Georgia Homeless Resource Network
910. Jann Shevin 856 Rosedale Rd. N.E. Atlanta, Georgia 30306 (404)876-8600 Georgia Consumer Center
911. Pippit L. Carlington 957 Highland Avenue Atlanta, Georgia 30306 (404)881-6807 Alternative/Atlanta:A Mental Health Union Protection and Advocacy Coalition National Mental Health Consumers Association
912. Jane Cunningham 957 Highland Ave. N.E. Atlanta, Georgia 30307 (404)881-6807 Alternative/Atlanta:A Mental Health Union Inc. National Mental Health Consensus Association Mental Health Association Protection and Advocacy Coalition
913. Alex Rue 960 West Kingston Drive Atlanta, Georgia 30342 (404)256-5134 Addiction Research Foundation (ADRF)
914. Mary Lou Romaine 374 Maynard Terrace No. 202 Atlanta, Georgia 30316 (404)377-8924 Atlanta Federation of Teachers Georgia Federation of Teachers Georgia AFL-CIO

915. Leroy B. Anderson 4872 Mustang Drive Norcross, Georgia 30071 (404)448-3727 Hensley-Schmidt Engineering, Inc.
916. John D. Gibbs 930 Hargett Court Stone Mountain, Georgia 30083 (404)294-5956 American Association of Retired Persons
917. Quinton S. King 843 Dalrymple Road Terrace Suite Atlanta, Georgia 30328 (404)392-0770 Georgia Association of Realtors
918. Arnold Baker 1901 Huntingdon Chase Atlanta, Georgia 30350 (404)394-5415 North Atlanta Charter Realty Ltd.
919. Martha Andrews 692 Sunnybrook Drive Decatur, Georgia 30033 (404)633-3634 Atlanta Chapter National Health Federation The Voice of Liberty
920. Christopher Ervin 2740 Greenbriar Pkwy. S.W. #222 Atlanta, Georgia 30331 (404)622-4445 WYZE 1480 AM Radio News Freelance Writer
921. J. David Gladney 233 Peachtree St., Suite 200 Atlanta, Georgia 30303 (404)223-2271 Business Council of Georgia
922. H. Andrew Owen 1900 Peachtree Center Tower 230 Peachtree Street Atlanta, Georgia 30303 (404)688-2600 American Insurance Association
923. Pennee Joh Rowland 683 Gingercake Road Fayetteville, Georgia 30214 (404)461-0423 Citizen

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327

924. Betty R. Smith 500 Rose Avenue Barnesville, Georgia 30204 (404)358-6903 Citizen
925. Bernard R. Smith 500 Rose Avenue Barnesville, Georgia 30204 (404)358-6903 Citizen
926. Rechelle Garmany 1100 Spring Street Suite 350 Atlanta, Georgia 30367 (404)872-1992 Democratic Party of Georgia
927. M.M. "Buddy" Gaultney, Jr. Rt. 2 Box 168 Butler, Georgia 31006 (912)862-5633 Citizens for Safe Progress
928. Kit Woods 1627 Peachtree St. NE, #210 Atlanta, Georgia 30309 (404)897-1335 American Federation of Television and Radio Artists Screen Actors Guild
929. Maureen M. Lok 3793 Raccoon Run Marietta, Georgia 30062 (404)522-8683 League of Women Voters of Georgia
930. Frank F. Molock 2106 Austell Road Marietta, Georgia 30060 (404)435-9920 Legislative Chairman (Metro Club) Retiree Club
931. John H. Downs, Jr. One Coca-Cola Plaza P.O. Drawer 1778 Atlanta, Georgia 30313 (404)676-3066 Coca-Cola Enterprises, Inc.
932. Mathew Foster 501 Pulliam St., S.W. Suite 350 Atlanta, Georgia 30312 (404)522-0684 Amalgamated Transit Union Local 732

933. Donna Dixon 1114 Laurel Street Blackshear, Georgia 31516 (912)449-4679 Ade, Inc. Clarkston, MI
934. Peggy S. Curran 150 Cross Creek Trail Fayetteville, Georgia 30214 (404)461-5144 Citizen
935. Gloria I. Trail 207 Planceer Place Peachtree City, Georgia 30269 (404)487-0966 Citizen
936. William V. Liles 165 Carrollwood Drive Fayetteville, Georgia 30214 (404)461-0918 Citizen
937. Lynn G. Liles 165 Carrollwood Drive Fayetteville, Georgia 30214 (404)461-0918 Citizen
938. Cathy Hicks Box 2277 Peachtree City, Georgia 30214 (404)631-0432 Citizen
939. Penny Kretzschmar Box 2277 Peachtree City, Georgia 30269 (404)631-0432 Citizen
940. Tris A. Sevdy 104 Adell Court Peachtree City, Georgia 30269 (404)530-7674 Citizen
941. George William Sweeney, Jr. 2382 Highway 138 S.E. Conyers, Georgia 30208 (404)922-4133 American Freedom Coalition American Parents Association National Adoption Service Biovis Inc.

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942. Margie Sybb Howard 3460 Buford Hwy. NE 1-8 Atlanta, Georgia 30329 (404)633-0825 Informed Health Care Association of Ga. Inc. Georgia Women's Coalition for Medical Freedom Inc. Cancer Victors, Inc.
943. John P. Stevens Post Office Box 4148 Atlanta, Georgia 30302 (404)588-6428 First National Bank of Atlanta First Atlanta Corporation
944. Dan McCranie 105 Brown Drive Warner Robins, Georgia 31093 (912)953-3716 United Steelworkers of American Local 7731
945. H. Evonne Yancey 3355 Lenox Road, N.E. Atlanta, Georgia 30326 (404)233-0555 Kaiser Permanente
946. Gene Harrington 106 Patriot Way Warner Robins, Georgia 31088 (912)929-2966 Houston County Board of Commissions Citizen
947. William C. Resseau, Jr. Route 1 Box 212 Linton, Georgia 31087 (404)444-5054 Brotherhood of Maintenance Employees
948. Mark S. Baldwin 1005 Virginia Avenue #207 Atlanta, Georgia 30354 (404)763-2453 Home Builders Association of Georgia
949. Eli P. Karatassos 7 E. Congress Street Suite 1000 Savannah, Georgia 31401 (912)232-7305 Karatassos and Associates Savannah Area Chamber of Commerce

950. Guy E. Wood 141 Pryor Street Atlanta, Georgia 30335 (404)730-6440 Georgia Association of Assessing Officials
951. Dianne H. Scoggins 30 South Dalton Street Ellijay, Georgia 30540 (404)276-2742 Georgia Association of Assessing Officials
952. Manson W. Stewart 2555 Riggs Drive East Point, Georgia 30344 (404)766-0034 Professional Association of Georgia Educators League of Independent Fulton Educators
953. Dr. Cynthia Ann Miller 33 Finch Trail Atlanta, Georgia 30308 (404)651-3354 National Organization For Women (NOW) Georgia Abortion Rights Action League (GARAL) Planned Parenthood Georgia Women's Political Caucus
954. Bethanne Jenks, MD MPH 5475 Memorial Drive Stone Mountain, Georgia 30083 (404)297-6908 Georgia Chapter American Academy of Pediatrics
955. Thomas O. Payne 3893 Nowlen Road Kennesaw, Georgia 30144 (404)975-8557 Georgia Nurses Association
956. Quintel E. Howell 501 Pulliam St., S.W. Suite 350 Atlanta, Georgia 30312 (404)522-0684 Amalgamated Transit Union Local 732

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329

957. Calvin E. Sims, Sr. 501 Pulliam St. Suite 350 Atlanta, Georgia 30312 (404)522-0684 Amalgamated Transit Union Local 732
958 Cynthia J. Johnson 415 Houston Oaks Drive Savannah, Georgia 31419 (912)925-4100 Georgia Nurses' Association
959. Terrell A. Rogers P.O. Box 544 Cornelia, Georgia 30531 (404)778-8585 City of Cornelia, Georgia
960. Norman Wolfe 225 Peachtree Street, #2300 Atlanta, Georgia 30303 (404)688-5900 Cohn & Wolfe
961. R. Mark Holloway 305 Coliseum Drive Macon, Georgia 31298 (912)741-8012 Greater Macon Chamber of Commerce
962. John Culbreth One CNN Center S 1270 South Tower Atlanta, Georgia 30303 (404)659-4567 Atlanta City Government
963. C. Diann Meeks P.O. Box 338 Nahunta, Georgia 31553 (912)462-5121 Georgia Association of Educators Brantley Association of Educators

964. Pamela J. Hammond P.O. Box 338 Nahunta, Georgia 31553 (912)462-5121 Georgia Association of Education Brantley Association of Education
qcc Wanda Bullard Glynn County Middle School George Street Brunswick, Georgia 31520 (912)267-4150 Georgia Association of Educators Glynn County Association of Educators
966. Gary E. Jackson 1801 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)355-1741 Magistrate Court Fulton County Fulton County Development Authority
967. Ronald W. Hogan 2600 Delk Road Marietta, Georgia 30067 (404)859-0800 Waste Management, Inc. Waste Management of North America, Inc. Chemical Waste Management, Inc.
968. Tiersa Hays Hopkins P.O. Box 1121 Woodstock, Georgia 30188 (404)928-6498 Citizen
969. William M. Griggers 2732 Hwy. 29 N. Newnan, Georgia 30265 (404)251-6497 Citizen

The following resolutions of the Senate were read and adopted:

SR 375. By Senator Barker of the 18th: A resolution commending Dr. Barbara S. Bruner.

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SR 376. By Senator Barker of the 18th: A resolution commending the Warner Robins Police Department.

SR 378. By Senators Tysinger of the 41st, Egan of the 40th, Albert of the 23rd and others:
A resolution commending the 1989 Marist School football team.

SR 379. By Senator Edge of the 28th: A resolution commending and recognizing Mr. Charles Wadsworth.

SR 381. By Senator Kennedy of the 4th: A resolution expressing regret at the passing of the Honorable Albert D. Clifton.

SR 382. By Senator Kennedy of the 4th: A resolution commending Keith McCants.

SR 383. By Senators Tate of the 38th, Starr of the 44th and Walker of the 43rd: A resolution commending Luvenia W. Jackson.

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

SENATE LOCAL CONSENT CALENDAR
Monday, January 29, 1990
THIRTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1283 Broun, 46th Oconee County
To change the supplementary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit by Oconee County.

HB 1327 Timmons, llth Mitchell County
To change the provisions relating to the compensation of the judge and solic itor of the State Court of Mitchell County.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun

Burton Clay Coleman Collins Dean Echols Edge

Egan English Fincher Foster Garner Gillis Hammill

MONDAY, JANUARY 29, 1990

331

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 Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Dawkins Deal

Engram Fuller McKenzie

Ragan of 10th Tate

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 consti tutional majority, were passed.

SENATE CALENDAR
Monday, January 29, 1990
THIRTEENTH LEGISLATIVE DAY
SB 79 Superior Court Judges' Retirement--membership (Substitute) (Ret--llth) SB 80 Teachers Retirement--early retirement with 30 years, certain members
(Ret--1th) SB 121 Sheriffs' Retirement--benefits under "single life annuity" (Ret--llth) SB 162 Firemen's Pension Fund--increase benefits (Ret--4th) SB 209 Teachers Retirement--credit for certain unused sick leave (Ret--38th) SB 312 Employees' Retirement--Federal-State Shipping Point Inspection Service (Sub
stitute) (Ret--18th) SB 344 Teachers Retirement--credit for certain private school service (Substitute)
(Ret--38th) SB 410 Colleges--distributing crime statistics to certain persons (Ed--9th) SB 420 Medical Informed Consent--intraductal injection procedures (Hum R--48th) SB 435 Day-Care Records Checks--mitigation of conviction (Hum R--56th) SB 440 Grants to School Systems Operating Middle Schools--criteria (Ed--56th) SB 444 Law Enforcement Indemnification--when considered in line of duty (Substitute)
(Pub S--46th) SB 455 Sheriffs' Retirement Fund--application for membership (Ret--llth) SB 478 Dumps, Within Certain Distance of Certain Areas--exceptions (Nat R--24th) SB 527 Quality Basic Education--additional sparsity grants for 1991 (Ed--7th) SB 553 Medical Malpractice--arbitration, certain obstetrical claims (Substitute)
(Amendments) (Hum R--49th)

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SR 297 Colonel's Island--marker in honor of former Governor Ernest Vandiver (Nat R--20th)
SR 302 Senate Postsecondary Vocational Education Laboratory, Equipment, and Li brary Research Needs Study Committee--create (Ed--46th)
SR 314 Joint Legislative Public Task Force on Revising Employment Security Law--create (Amendments) (I&L--45th)
SR 331 Natural Resources Department--ratifying certain minimum standards (Nat R--14th)
HB 1152 Landlord, Tenant--limit certain military liability (D&VA--15th)
HB 1195 Fair Access to Insurance Requirements--extend operation time of chapter (Ins--39th)
HB 1196 Automobile Insurance--requirements for assigned risk plan (Ins--16th)
HB 1275 U.S. Veterans' Administration--change Code references to Department of Veter ans' Administration (D&VA--51st)
HB 620 Fire Departments--minimum requirements on organization (I&L--45th)
SB 412 Gambling--crane game machine exceptions (Gov Op--52nd)
SB 441 Loitering--signs in public housing projects (U&CA G--39th)
SB 443 Adoption--revise Code chapter (Substitute) (Gov Op--25th)
SB 445 Probate Court Judges' Retirement--training requirements (Substitute) (Gov Op--25th)
SB 448 Driver's License--vision standards (Gov Op--25th)
SB 449 Probate Court Judge--filling vacancy in office (Gov Op--25th)
SB 457 Works of Fine Art--transfer of rights of reproduction (Gov Op--23rd)
SB 464 Workers' Compensation--filing of insurance rates and updating rates (Substi tute) (I&L--45th)
SB 472 Contempt--change provisions on attachment for contempt (Gov Op--25th)
SB 483 Whitfield County--vehicle registration periods (U&CA G--54th)
SB 489 Downtown Development Authorities Directors--qualifications (Amendment) (U&CA G--50th)
SB 494 Water--prohibit denial because of former owner arrears (Amendment) (U&CA G--39th)
SB 512 License to Carry Weapon--exclude person with drug conviction (S Judy--45th)
SB 555 Public Employees--breaks during eight-hour day (Gov Op--25th)
SB 565 Nonresident Contractor--bringing action for contract payment (I&L--47th)
SB 566 Bingo License--certain applicants not fingerprinted (Gov Op--40th)
SB 567 Elderly, Handicapped Transportation--Department of Human Resources funds to assist (Trans--1st)
SB 597 Georgia Education Trust Act--create (H Ed--50th)
SR 330 Community Affairs Department--ratifying certain minimum standards (U&CA G--14th)
SR 332 Regional Development Centers Established by Community Affairs--funding formula (U&CA G--14th)
HB 1247 Certain County Courthouses--voter approval for demolition (Gov Op--18th)

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333

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

SB 79. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to membership in the system; to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 4, 1989

SUBJECT: Senate Bill 79 (LC 7 7059) Superior Court Judges Retirement System and Trial Judges and Solicitors Retirement Fund

This bill would change provisions relating to membership in the Superior Court Judges Retirement System and the Trial Judges and Solicitors Retirement Fund. The bill would allow a member of the Trial Judges and Solicitors Retirement Fund that becomes a superior court judge to remain a member of the Fund. The right granted by this bill would be re quired to be exercised in writing within 30 days after becoming a superior court judge. If enacted, this bill would become effective on July 1, 1990 provided it is determined to have been concurrently funded as provided in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Is/ G. W. Hogan State Auditor

The Senate Committee on Retirement offered the following substitute to SB 79:

A BILL
To be entitled an Act to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to membership in the system; to provide that any state court judge who is a member of the Employees' Retirement System of Georgia shall have the right to remain a member of said system if such judge becomes a superior court judge; to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to membership in the fund; to provide that any member of the fund who becomes a superior court judge shall have the right to remain a member of said fund; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for auto matic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the "Act Creating the Superior Court Judges Retirement System," is amended by striking subsection (a) of Code Section 47-9-40, relating to membership in the system, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in subsection (d.l) of this Code section and in sub section (g) of Code Section 47-10-40, any person who becomes a superior court judge for the first time after December 31, 1976, shall be a member of the retirement system created by this chapter and shall make employee contributions into the fund. Any judge of the superior court who holds office as such on December 31, 1976, and who is transferred from the Trial Judges and Solicitors Retirement Fund by Code Section 47-9-41 shall be a member of the retirement system created by this chapter and shall make employee contributions into the fund."
Section 2. Chapter 9 of Title 47 is further amended by adding between subsections (d) and (e) of Code Section 47-9-40, relating to membership in the Superior Court Judges Re tirement System, a new subsection (d.l) to read as follows:
"(d.l) Any state court judge who is a member of the Employees' Retirement System of Georgia and who, without any break in service, becomes a superior court judge shall have the right to remain a member of the Employees' Retirement System of Georgia while hold ing office as a superior court judge. Code Section 47-2-260 shall apply to any superior court judge who exercises the right to remain a member of the Employees' Retirement System of Georgia pursuant to the provisions of this Code section."
Section 3. Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the "Trial Judges and Solicitors Retirement Fund Act," is amended by adding at the end of the Code Section 47-10-40, relating to membership in the fund, a new subsection (g) to read as follows:
"(g) The provisions of this or any other law to the contrary notwithstanding, any mem ber of the fund who, without any break in service, becomes a superior court judge shall have the right to remain in a member of the fund while holding office as a superior court judge. The right granted by this subsection must be exercised by a member within 30 days after becoming a superior court judge and shall be exercised by sending written notification to the board of trustees of the fund and to the Board of Trustees of the Superior Court Judges Retirement System provided for in Chapter 9 of this title. The basis for employee contribu tions to the fund for a superior court judge who remains a member of the fund as authorized in this subsection shall be the state salary paid to such superior court judge. The employer contributions for any such member shall be determined by the Fiscal Division of the De partment of Administrative Services and shall be an amount sufficient, together with em ployee contributions and earnings of the fund, to fund the service and disability retirement benefits of such member under this chapter."
Section 4. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47, the "Public Retire ment Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, JANUARY 29, 1990

335

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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 1, 1989

SUBJECT: Senate Bill 79 (Substitute) (LC 7 7259S) Superior Court Judges Retirement System and Trial Judges and Solicitors Retirement Fund

This bill would change provisions relating to membership in the Superior Court Judges Retirement System and the Trial Judges and Solicitors Retirement Fund. The bill would allow a member of the Trial Judges and Solicitors Retirement Fund that becomes a superior court judge to remain a member of the Fund. The right granted by this bill would be re quired to be exercised in writing within 30 days after the member becomes a superior court judge. This bill would also allow a state court judge that becomes a superior court judge to remain a member of the Employees' Retirement System (ERS). If enacted, this bill would become effective July 1, 1990, provided it is determined to have been concurrently funded as provided in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

The following Memorandum, 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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 79 (LC 7 7259S) Superior Court Judges Retirement System and Trial Judges and Solicitors Retirement Fund

This bill would change provisions relating to membership in the Superior Court Judges Retirement System and the Trial Judges and Solicitors Retirement Fund. The bill would allow a member of the Trial Judges and Solicitors Retirement Fund that becomes a superior court judge to remain a member of the Fund. The right granted by this bill would be re quired to be exercised in writing within 30 days after the member becomes a superior court judge. This bill would also allow a state court judge that becomes a superior court judge to remain a member of the Employees' Retirement System (ERS). If enacted, this bill would

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become effective July 1, 1990, provided it is determined to have been concurrently funded as provided in the Public Retirement Systems Standards Law.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.
A) The impact on the Employees' Retirement System would be:

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ Negligible

(2) The amount of annual normal cost which will result from the bill. $ -0-

(3) The employer contribution rate currently in effect.

17.85%

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

17.85%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ Negligible

B) The impact on the Trial Judges and Solicitors Retirement Fund would be: (Note that the actuarial study could not determine how many members of TJSRF would be affected by the bill.)

(1) The amount of unfunded actuarial accrued liability which will result from the bill.

$ Negligible

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

(3) The employer contribution rate currently in effect.

9.03%

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

9.03%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ Negligible

C) The actuarial investigation regarding the impact of this bill on the Superior Court Judges Retirement System, pursuant to a request by the Senate Retirement Committee, identified that this bill is a nonfiscal retirement bill as denned in the Public Retirement Systems Standards Law.

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

MONDAY, JANUARY 29, 1990

337

The following actuarial reports, as required by law, were read by the Secretary:

Buck Consultants 200 Galleria Parkway, N.W.
Suite 1060 Atlanta, Georgia 30339

November 21, 1989

Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334

Dear Mr. Hogan:

Re: Senate Bill 79 (LC 7 7259S)

As requested, we have made an actuarial investigation of the impact of Senate Bill 79 (LC 7 7259S) on the Employees' Retirement System and the Trial Judges and Solicitors Retirement Fund in accordance with the requirements of Code Section 47-20-36.

This Bill would provide that a member who becomes a superior court judge, without a break in service, shall have the right to remain in TJSRF or ERS.

We do not know how many members of ERS are affected by this Bill; however, we believe the cost of this proposal to ERS would be negligible. The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment as it concerns ERS. The recommended employer contribu tion rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amount are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 1,284,565

$ 1,284,565

Negligible

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount

%

Amount

Normal Accrued Liability Cost-of-Living

5.88% $ 5.87 1.35

91,140 90,985 20,925

5.88% $ 5.87 1.35

91,140 90,985 20,925

0 $ -0-

Negligible

0

0

Sub total Pick-up

13.10% $ 203,050 13.10% $ 203,050

4.75

73,625 4.75

73,625

Negligible

0

0

Total

17.85% $ 276,675 17.85% $ 276,675

0 Negligible

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1988 actuarial valuation of the System, and sup plemental employee data supplied by the System, together with an estimated payroll of $1,550,000,000.
Since we do not know how many members of TJSRF are affected by this Bill, the cost of this proposal to the Fund is unknown. However, since the employer will pay this cost,

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there will be no change in contribution rates. The following table shows the unfunded actua rial accrued liability and recommended employer contributions before and after the pro posed amendment as it pertains to TJSRF. The recommended employer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded (Surplus) Actuarial Accrued Liability

$ (2,696.5)

$ (2,696.5)

Negligible

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount

%

Amount

Normal Accrued Liability

9.03% $ 0.00

302.0 9.03% $ 0.0 0.00

302.0 0.0

0% Negligible 0 Negligible

Total

9.03% $ 302.0 9.03% $ 302.0 0% Negligible

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1987 actuarial valuation of the Fund, together with an estimated payroll of $3,344,778.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary
The Wyatt Company Suite 432
4170 Ashford Dunwoody Road, N.E. Atlanta, Georgia 30319 (404) 252-4030 November 30, 1989
Mr. G. W. Hogan State Auditor Room 214 270 Washington Street Atlanta, Georgia 30334
Re: Superior Court Judges Retirement System--SB 79, LC 7 7259S
Dear Mr. Hogan:
We find the above legislative bill to be a nonfiscal retirement bill as it relates to the Superior Court Judges Retirement System. It would be a fiscal bill as it relates to the Trial Judges and Solicitors Retirement Fund. Whether the net cost to the state is fiscal or nonfis cal depends on the benefit levels provided by the two systems. We are not the actuaries for the Trial Judges and Solicitors Retirement Fund and have no information about its benefit provisions.
Please contact me if you have any questions.
Sincerely,
/s/ James C. Lastinger, A.S.A. Actuary

MONDAY, JANUARY 29, 1990

339

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

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

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

Those voting in the affirmative were Senators:

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

English Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker

Those not voting were Senators:

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

Engram Fuller

Kidd

Taylor

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

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

SB 80. By Senators Timmons of the llth and Ragan of the 10th:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 6, 1989

SUBJECT: Senate Bill 80 (LC 7 7099) Teachers Retirement System

This bill would allow members of the Teachers Retirement System who would attain 30 years of creditable service by the thirty-first day of December of a school year to retire on the first day of September nearest to the opening day of that school year. Eligible members must apply for early retirement to the board of trustees and their employer prior to May 1 of the preceding school year. The member must also pay the employer and employee contri butions to the fund which would have been paid if the member had continued active em ployment until the month immediately following the date which the member attained 30 years of creditable service. The payment would be based on the member's compensation immediately prior to the opening date of the effective school year of retirement. The contri butions would have to be paid in full prior to the date of retirement. If enacted, this bill would become effective on July 1, 1990, provided it is determined to have been concurrently funded as provided in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

The following Memorandum, 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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 80 (LC 7 7099) Teachers Retirement System

This bill would allow members of the Teachers Retirement System who would attain 30 years of creditable service by the thirty-first day of December of a school year to retire on the first day of September nearest to the opening day of that school year. Eligible members must apply for early retirement to the board of trustees and their employer prior to May 1 of the preceding school year. The member must also pay the employer and employee contri butions to the fund which would have been paid if the member had continued active em ployment until the month immediately following the date which the member attained 30

MONDAY, JANUARY 29, 1990

341

years of creditable service. The payment would be based on the member's compensation immediately prior to the opening date of the effective school year of retirement. The contri butions would have to be paid in full prior to the date of retirement. If enacted, this bill would become effective on July 1, 1990, provided it is determined to have been concurrently
funded as provided in the Public Retirement Systems Standards Law.

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

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

from the bill.

$ Negligible

(2) The amount of annual normal cost which will result from the bill. $ 385,000

(3) The employer contribution rate currently in effect.

13.48%

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

13.49%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 385,000

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

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

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060
Atlanta, Georgia 30339
November 13, 1989
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: Senate Bill 80 (LC 7 7099)
As requested, we have made an actuarial investigation of the impact of Senate Bill 80 (LC 7 7099) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would authorize retirement for members who attain 30 years of service during the first part of an ensuing school year. The cost of this proposal would be approximately $385,000 in the first year, or about 0.01% of active payroll. The increase in unfunded actua rial accrued liability would be negligible.
The following table shows the unfunded actuarial accrued liability and recommended em ployer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

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Unfunded Actuarial Accrued Liability
Annual Contribution

Before Amendment
$ 3,195,388

Annual

%

Amount

After Amendment
$ 3,195,388

Increase Negligible

Annual

Annual

%

Amount

%

Amount

Normal Accrued Liability

6.45% $ 248,325

7.03

270,655

6.46% $ 248,710 0.01% $

385

7.03

270,655 0.00 Negligible

Total

13.48% $ 518,980 13.49% $ 519,365 0.01 $

385

The preceding figures are based on the employee data, actuarial assumptions and actuarial methods used to prepare the June 30, 1988 actuarial valuation of the System, together with an estimated payroll of $3,850,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

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 Deal Dean Echols Edge Egan

English Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead

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

Voting in the negative was Senator Dawkins.

Those not voting were Senators:

Engram Fincher

Kidd Scott of 36th

Taylor Tysinger

On the passage of the bill, the yeas were 49, nays 1.

MONDAY, JANUARY 29, 1990

343

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

SB 121. By Senator Timmons of the llth:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Anno tated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the retirement benefits under Option One, known as the "single life annuity"; to provide conditions for an effective date and for auto matic repeal.

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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 2, 1989

SUBJECT: Senate Bill 121 (LC 10 8205) Sheriffs' Retirement Fund

This bill would increase the retirement benefits provided under the Sheriffs' Retire ment Fund. The single life annuity monthly payment would increase from $164 to $204 for members with no more than four years of creditable service, plus the benefit for each addi tional year of service would increase from $41 to $51 per month. The total monthly benefits could not exceed $1,530 (increase from $1,230). If enacted, this bill would become effective July 1, 1990, provided it is determined to have been concurrently funded as provided in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/a/ G. W. Hogan State Auditor

The following Memorandum and Actuarial report, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G.W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 121 (LC 10 8205) Sheriffs' Retirement Fund

This bill would increase the retirement benefits provided under the Sheriffs' Retire ment Fund. The single life annuity monthly payment would increase from $164 to $204 for

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members with no more than four years of creditable service, plus the benefit for each addi tional year of service would increase from $41 to $51 per month. The total monthly benefits could not exceed $1,530 (increased from $1,230). If enacted, this bill would become effective July 1, 1990, provided it is determined to have been concurrently funded as provided in the
Public Retirement Systems Standards Law.

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

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

from the bill.

$ 4,236,080

(2) The amount of annual normal cost which will result from the bill. $ 65,083

(3) The employer contribution rate currently in effect.

$ 1,407,104

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 1,266,197

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ -0-

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

Alexander & Alexander Consulting Group Inc. Three Piedmont Center 3565 Piedmont Rroad, N.E. Atlanta, Georgia 30363 Telephone 404 261-3400 TLX 3710988 AA ATL

November 7, 1989

Mr. G. W. Hogan State Auditor GEORGIA DEPARTMENT OF AUDITS
270 Washington Street--Room 214 Atlanta, Georgia 30334

Dear Mr. Hogan:

Letters from Charles Lunsford dated July 25 and 28,1989 requested that we prepare actua rial investigations on the legislative bills listed following:

SB 121 LC 10 8205

Sheriff's Retirement Fund

SB 162 LC 7 7178

Ga. Firemen's Pension Fund

HB 82 LC 7 7427S Sheriffs and Firemen's Funds

HB 738 LC 7 7457S Ga. Firemen's Pension Fund

We have also prepared figures for the Sheriffs Retirement Fund based on the provisions in HB 738 LC 7 7457S. We understand that it is contemplated that this bill would apply to all
Georgia state retirement or pension systems.

MONDAY, JANUARY 29, 1990

345

Contributions to these two funds are derived from state revenues based on premium taxes and court fees, respectively, plus member's contributions. This feature sets them apart from other state plans in that contributions are not subject to discretionary control, but are driven by other aspects of the financial operations of the State of Georgia.
Fund contributions are not increased as a result of benefit changes. Rather, we must start with a projection of contributions to each Fund and determine if these contributions satisfy the minimum funding requirements for each Fund. The financial test for changes in Fund provisions is whether those minimum funding requirements will continue to be satisfied af ter the Fund provisions are changed.
The information Mr. Lunsford requested is provided in the enclosed attachments. Because contributions are not adjusted as a result of changes in the Funds' provisions, I have presented the contribution changes in terms of changes in state mandated minimum fund ing requirements, along with a statement of each Fund's status under those requirements if the changes are adopted.
Please call me at 264-3148 if you need more information.
Sincerely,
/s/ Dreighton H. Rosier, F.S.A. Assistant Vice President
Encs.
Attachment 1

Legislative bill SB 121 LC 10 8205 Sheriff's Retirement Fund of Georgia

Unfunded actuarial accrued liability which will result from the bill:
Increase in annual normal cost which will result from the bill:
Current rate of contributions and credits
Minimum contribution rate to satisfy minimum funding standards in Code Section 47-20-10 for current provisions
Increase in minimum funding standards in Code Section 47-20-10 which will result from the bill
Minimum contribution rate to satisfy minimum funding standards in Code Section 47-20-10 for Fund provisions after bill is adopted

$4,236,080 65,083
1,407,104 755,825 510,372
1,266,197

Current contributions ($1,407,104) exceed the minimum funding standards set forth in Code Section 47-20-10 for the Fund ($1,266,197) with the changes set forth in the bill by $140,907.
November 7, 1989
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 Bowen Brannon Broun Collins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Langford Parker

Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Shumake Starr Tate Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Burton Coleman Dawkins

Egan Land Newbill

Olmstead Tysinger

Those not voting were Senators:

Clay Engram Kidd

McKenzie Phillips Scott of 2nd

Scott of 36th Stumbaugh

On the passage of the bill, the yeas were 40, nays 8.

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

SB 162. By Senator Kennedy of the 4th:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired or who shall retire under such Code section; to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund.

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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 2, 1989

SUBJECT: Senate Bill 162 (LC 7 7178) Georgia Firemen's Pension Fund
This bill would provide a monthly retirement benefit of $570 and a maximum monthly disability retirement benefit of $375 for members of the Georgia Firemen's Pension Fund

MONDAY, JANUARY 29, 1990

347

who retire on or after July 1, 1990. Current provisions provide for a maximum monthly retirement benefit of $500 and a maximum monthly disability benefit of $215. Existing max imum monthly retirement benefits would be increased by $40 for those who retired before July 1, 1990, and would be proportionately increased for those receiving less than the maxi mum benefit. Maximum monthly disability benefits existing for those who retired before July 1, 1990 would also be increased by $40. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Is/ G. W. Hogan State Auditor

The following Memorandum and Actuarial report, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

Ga. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 162 (LC 7 7178) Georgia Firemen's Pension Fund
This bill would provide a monthly retirement benefit of $570 and a maximum monthly disa bility retirement benefit of $375 for members of the Georgia Firemen's Pension Fund who retire on or after July 1, 1990. Current provisions provide for a maximum monthly retire ment benefit of $500 and a maximum monthly disability benefit of $215. Existing maximum monthly retirement benefits would be increased by $40 for those who retired before July 1, 1990, and would be proportionately increased for those receiving less than the maximum benefit. Maximum monthly disability benefits existing for those who retired before July 1, 1990 would also be increased by $40. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actua rial assumptions and methods.

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

from the bill.

$ 18,274,361

(2) The amount of annual normal cost which will result from the bill. $ 478,228

(3) The employer contribution rate currently in effect (including $986,000 of member contributions).

$ 9,386,000

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 8,864,212

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

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contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ -fl

it should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

Alexander & Alexander Consulting Group Inc. 3565 Piedmont Road, N.E. Atlanta, Georgia 30363 Telephone 404 261-3400 TLX 3710988 AA ATL

November 7, 1989

Mr. G. W. Hogan State Auditor GEORGIA DEPARTMENT OF AUDITS 270 Washington Street-Room 214 Atlanta, Georgia 30334

Dear Mr. Hogan:

Letters from Charles Lunsford dated July 25 and 28, 1989 requested that we prepare actua rial investigations on the legislative bills listed following:

SB 121 LC 10 8205

Sheriffs Retirement Fund

SB 162 LC 7 7178

Ga. Firemen's Pension Fund

HB 82 LC 7 7427S

Sheriffs and Firemen's Funds

HB 738 LC 7 7457S

Ga. Firemen's Pension Fund

We have also prepared figures for the Sheriffs Retirement Fund based on the provisions in HB 738 LC 77457S. We understand that it is contemplated that this bill would apply to all Georgia state retirement or pension systems.

Contributions to these two funds are derived from state revenues based on premium taxes and court fees, respectively, plus member's contributions. This feature sets them apart from other state plans in that contributions are not subject to discretionary control, but are driven by other aspects of the financial operations of the State of Georgia.

Fund contributions are not increased as a result of benefit changes. Rather, we must start with a projection of contributions to each Fund and determine if these contributions satisfy the minimum funding requirements for each Fund. The financial test for changes in Fund provisions is whether those minimum funding requirements will continue to be satisfied af ter the Fund provisions are changed.

The information Mr. Lunsford requested is provided in the enclosed attachments. Because contributions are not adjusted as a result of changes in the Funds' provisions, I have presented the contribution changes in terms of changes in state mandated minimum fund ing requirements, along with a statement of each Fund's status under those requirements if the changes are adopted.

Please call me at 264-3148 if you need more information.

Sincerely,
Is/ Dreighton H. Rosier, F.S.A. Assistance Vice President

Encs.

MONDAY, JANUARY 29, 1990

349 Attachment 4

Legislative Bill SB 162 LC 7 7178 Georgia Firemen's Pension Fund

Unfunded actuarial accrued liability which will result from the bill:
Increase in annual normal cost which will result from the bill:
Current rate of contributions Projected fire insurance premium tax Member's contributions TOTAL
Minimum contribution rate to satisfy minimum funding standards in Code Section 47-20-10 for current provisions
Increase in minimum funding standards in Code Section 47-20-10 which will result from the bill
Minimum contribution rate to satisfy minimum funding standards in Code Section 47-20-10 for Fund provisions after bill is adopted

$18,274,361 478,228
8,400,000 986,000
9,386,000
7,058,988
1,805,224
8,864,212

Current projected contributions ($9,386,000) exceed the minimum funding standards set forth in Code Section 47-20-10 for the Fund ($8,864,212) with the changes set forth in the bill by $521,788.
November 7, 1989
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 Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson

Kennedy Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th

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Shumake Starr Stumbaugh

Tate Taylor Timmons

Those voting in the negative were Senators:

Turner Walker

Egan

Land

Those not voting were Senators:

Tysinger

English Engram

Fuller Kidd

McKenzie Scott of 2nd

On the passage of the bill, the yeas were 47, nays 3.

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

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

Senator Garner of the 30th introduced the doctor of the day, Dr. Raymond L. Fowler, of Douglasville, Georgia.

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

SB 209. By Senators Tate of the 38th, Clay of the 37th, Scott of the 36th and Langford of the 35th:
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, and Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize creditable service for certain unused sick leave which is accumulated at the time of retirement.

Senator Tate of the 38th moved that SB 209 be committed to the Senate Committee on Retirement.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 209 was commit ted to the Senate Committee on Retirement.

SB 312. By Senator Barker of the 18th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia-Federal State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said in spection service.

MONDAY, JANUARY 29, 1990

351

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 29, 1989

SUBJECT: Senate Bill 312 (LC 21 0186) Employees' Retirement System

This bill would allow up to five years of creditable service in the Employees' Retirement System (ERS) to be obtained for service (prior to July 1, 1975) with the Georgia FederalState Shipping Point Inspection Service. The bill identifies members eligible to obtain the service (members that joined ERS prior to July 1, 1975), and the payments and procedures required to obtain credit. The bill notes an effective date of July 1, 1989; however, if enacted the bill could not become effective until July 1, 1990 provided it is determined that it has been concurrently funded as defined in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/a/ G. W. Hogan State Auditor

The Senate Committee on Retirement offered the following substitute to SB 312:

A BILL
To be entitled an Act to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia Federal-State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said inspection service; to pro vide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia Federal-State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Any member who was a member of the retirement system prior to July 1, 1975, and who, prior to becoming a member of the retirement system, was employed by the inspection service shall be eligible to receive up to five years of creditable service under the retirement system for service rendered as an employee of the inspection service prior to becoming a member of the retirement system. In order to receive such creditable service, the member must pay to the board of trustees the employer and employee contributions which would have been paid to the retirement system during the period, not to exceed five years, of employment by the inspection service as if such employment had been rendered while a member of the retirement system, plus interest at the rate of 7 percent on such employer and employee contributions compounded annually from the time of the employment with the inspection service to the date of payment. The board of trustees may require such docu mentation as the board finds necessary to verify the period of employment with the inspec-

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tion service and the compensation received for such employment. The board of trustees shall calculate the amount of payment required to obtain creditable service under this Code section and shall certify such amount to a member who applies for creditable service under this subsection. No more than a total of five years of service prior to July 1, 1975, as an employee of the inspection service may be obtained as creditable service under all provisions of this Code section. No creditable service may be obtained pursuant to the provisions of this subsection for any period for which creditable service has been or may be obtained under any other provisions of this chapter."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum and Actuarial report, as required by law, were read by the Secretary:

MEMORANDUM

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

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 312 (LC 7 7434S) Employees' Retirement System

This bill would allow up to five years of creditable service in the Employees' Retirement System (ERS) to be obtained for service (prior to July 1, 1975) with the Georgia FederalState Shipping Point Inspection Service. The bill identifies members eligible to obtain the service (members that joined ERS prior to July 1, 1975), and the payments and procedures required to obtain credit. If enacted the bill would become effective July 1, 1990 provided it is determined that it has been concurrently funded as defined in the Public Retirement Systems Standards Law.

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

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

from the bill.

$0

(2) The amount of annual normal cost which will result from the bill. $ 0

(3) The employer contribution rate currently in effect.

17.85%

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

17.85%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$0

MONDAY, JANUARY 29, 1990

353

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

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339
November 8, 1989
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: Senate Bill 312 (LC 7 7434S)
As requested, we have made an actuarial investigation of the impact of Senate Bill 312 (LC 7 7434S) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would allow employees of the Georgia Federal-State Shipping Point Inspection Service who were members of the System prior to July 1, 1975 to receive up to five years of prior service credit with the Service. Since no current employees of the Service are affected by this Bill, this proposal would result in no cost to the System.
The following table shows the unfunded actuarial accrued liability and recommended em ployer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with the minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded Actuarial

Accrued Liability

$ 1,284,565

$ 1,284,565

$0

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount

%

Amount

Normal Accrued Liability Cost-of-Living

5.88% $ 5.87 1.35

91,140 90,985 20,925

5.88% $ 5.87 1.35

91,140 90,985 20,925

0$ 0

0

0

0

0

Sub-total Pick-up

13.10% $ 203,050 13.10% $ 203,050

4.75

73,625 4.75

73,625

0$ 0

0

0

Total

17.85% $ 276,675 17.85% $ 276,675

0$ 0

The preceding figures are based on the employee data, actuarial assumptions and actuarial methods used to prepare the June 30, 1988 actuarial valuation of the System, and supple-

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mental employee data supplied by the System, together with an estimated payroll of $1,550,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

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 Bowen Broun Burton Clay Dean Edge English Fincher Foster Garner

Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olms tead Parker Peevy

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

Those voting in the negative were Senators:

Barnes Dawkins

Egan Ragan of 32nd

Tysinger

Those not voting were Senators:

Brannon Coleman Collins Deal

Echols Engrarn Fuller

Kennedy (presiding) Scott of 36th Taylor

On the passage of the bill, the yeas were 41, nays 5.

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

SB 344. By Senators Tate of the 38th and Fuller of the 52nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize credit able service for service as a teacher in certain private schools; to provide for defi nitions; to provide requirements and limitations relative to obtaining such credit able service.

MONDAY, JANUARY 29, 1990

355

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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 2, 1989

SUBJECT: Senate Bill 344 (LC 7 7305) Teachers Retirement System

This bill would allow certain members of the Teachers Retirement System (TRS) to obtain a maximum of ten years of creditable service for service as a teacher in certain pri vate schools. Such members would be required to pay six percent of the compensation re ceived during the time for which the creditable service is claimed plus regular interest com pounded annually from the time of such service to the date of payment. Provisions within the bill specify the conditions for eligibility, limitations on the amount of creditable service that may be obtained, and requirements for verification of the teaching service claimed. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.

/s/ G. W. Hogan State Auditor

The Senate Committee on Retirement offered the following substitute to SB 344:

A BILL
To be entitled an Act to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize cred itable service for service as a teacher in certain private schools; to provide for definitions; to provide requirements and limitations relative to obtaining such creditable service; to pro vide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by adding immediately following Code Section 47-3-89 a new Code Section 47-3-89.1 to read as follows:
"47-3-89.1. (a) As used in this Code section, the term:
(1) 'Member* means any member of the retirement system who has:
(A) At least 25 years of creditable service; and
(B) Completed at least ten consecutive years of membership service immediately prior to applying for creditable service pursuant to the provisions of this Code section.
(2) 'Private school' means any private elementary or secondary school or any private college or university which:
(A) Is located within the State of Georgia;

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(B) Was established and operating within the State of Georgia prior to January 1, 1950; and
(C) Is accredited by the Southern Association of Colleges and Schools or by the Georgia Accrediting Association or by a nationally recognized accrediting agency accepted and ap proved by the State Board of Education.
(b) A member may obtain creditable service under this Code section for a maximum of ten years of service as a teacher in a private school. A member wishing to obtain such credit able service shall pay to the board of trustees:
(1) An amount equal to the employee and employer contributions that would have been paid to the retirement system during the period for which creditable service is claimed based on the compensation received for service as a teacher in a private school during such period; and
(2) Regular interest on the amount determined under paragraph (1) of this subsection compounded annually from the time the service as a teacher in a private school was ren dered until the date of payment.
(c) A member whose membership service is less than 55 percent of the member's total creditable service shall not be eligible to obtain creditable service pursuant to the provisions of this Code section. A member whose membership service is more than 55 percent of the member's total creditable service shall be eligible to obtain creditable service pursuant to the provisions of this Code section only to the extent that membership service shall consti tute at least 55 percent of total creditable service.
(d) The board of trustees shall require such documentation and information as may be necessary to verify service as a teacher in a private school and the compensation received therefor in order to grant creditable service pursuant to the provisions of this Code section."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following Memorandum and Actuarial report, as required by law, were read by the Secretary:

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

MEMORANDUM

TO:

The Honorable J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 344 (LC 7 7430S) Teachers Retirement System

This bill would allow certain members of the Teachers Retirement System (TRS) to obtain a maximum of ten years of creditable service for service as a teacher in certain pri vate schools. Such members would be required to pay employee and employer contributions for which the creditable service is claimed plus regular interest compounded annually from the time of such service to the date of payment. Provisions within the bill specify the condi-

MONDAY, JANUARY 29, 1990

357

tions for eligibility, limitations on the amount of creditable service that may be obtained, and requirements for verification of the teaching service claimed. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

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

from the bill.

$ 12,000,000

(2) The amount of annual normal cost which will result from the bill. $ 0

(3) The employer contribution rate currently in effect.

13.48%

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

13.51%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 1,155,000

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

Buck Consultants 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339
November 13, 1989
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: Senate Bill 344 (LC 7 7430S)
As requested, we have made an actuarial investigation of the impact of Senate Bill 344 (LC 7 7430S) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.
This Bill would allow certain members of the Teachers' Retirement System to obtain a max imum of ten years of creditable service for service as a teacher in certain private schools. The cost of this proposal cannot be calculated in advance, since we do not know how many teachers would be affected. However, if it is assumed that 500 teachers would be able to obtain five years of additional creditable service each, the estimated additional cost would be as shown below. We would caution that coverage of such private service under the Sys tem might lead to the System's being subject to the Federal laws governing the operation of private retirement plans. We are familiar with a major state retirement system that elimi nated such private school coverage in order to preclude application of the Employee Retire ment Income Security Act.
The following table shows the unfunded actuarial accrued liability and recommended em ployer contributions before and after the proposed amendment. The recommended em-

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JOURNAL OF THE SENATE

ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 3,195,388

$ 3,207,388

$ 12,000

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount

%

Amount

Normal Accrued Liability

6.45% $ 248,325 6.45% $ 248,325 0.00% $ 0

7.03

270,655 7.06

271,810 0.03%

1,155

Total

13.48% $ 518,980 13.51% $ 520,135 0.03% $ 1,155

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1988 actuarial valuation of the System, together with an estimated payroll of $3,850,000,000.
Sincerely yours.
/a/ Donald M. Overholser Consulting Actuary

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 Barker Bowen Brannon Burton Clay Collins Deal Dean Echols Edge English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Kidd Langford Newbill Olmstead Parker

Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Walker

Those voting in the negative were Senators:

Baldwin Barnes Broun

Dawkins Egan Huggins

Land Peevy Ragan of 32nd

MONDAY, JANUARY 29, 1990

359

Starr

Taylor

Tysinger

Those not voting were Senators:

Coleman Engram

Johnson Kennedy (presiding)

McKenzie Phillips

On the passage of the bill, the yeas were 38, nays 12.

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

SB 410. By Senator Phillips of the 9th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for the reporting of crime statistics to the Georgia Crime Information Center; to provide for the publication and distribution of such crime statistics to certain students, employees, or admis sion or employment applicants; to provide for procedures.

Senator Phillips of the 9th moved that SB 410 be committed to the Senate Committee on Education.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 410 was commit ted to the Senate Committee on Education.

SB 420. By Senator Peevy of the 48th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of certain information to persons undergoing certain surgi cal or diagnostic procedures, so as to include intraductal injection procedures within the list of those diagnostic procedures that a person must be informed about and must consent to before having such procedure administered.

Senator Peevy of the 48th offered the following amendment:

Amend SB 420 by adding the following at the end of page 2: "The provisions of this law shall become effective on January 1, 1991."

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 Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins

Dawkins Deal Dean Echols Edge Egan English Fincher Foster Fuller

Garner Gillis Hammill Howard Muggins Johnson Kidd Land McKenzie Newbill

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JOURNAL OF THE SENATE

Olmstead Peevy Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh

Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Parker. Those not voting were Senators:

Allgood Coleman Engram

Harris Kennedy (presiding)

Langford Scott of 36th

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

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

SB 435. By Senators Newbill of the 56th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to change certain powers and duties of a hearing officer to consider matters in miti gation of a conviction.

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
Bwen Brannon ro"n
urton
Collins Dawkins Deal Dean Echols Edge Egan

English Fincher Foster Fuller
Garner Gillis Hammill
Harris Howard
Huggms Johnson Kidd Land Langford Newbill Olmstead

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

Those not voting were Senators:

Allgood Engram Kennedy (presiding)

McKenzie Parker

Taylor Walker

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

MONDAY, JANUARY 29, 1990

361

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

SB 440. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools.
Senators Newbill of the 56th and Foster of the 50th offered the following amendment:

Amend SB 440 by adding on page 2, line 12, after "option" the following:
"for students who have scored at or above the 60th percentile on a nationally normed test of reading achievement administered within the previous or current school year".

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 Baldwin Barnes B wen Brannon
Broun *TMion

Fincher Foster Fuller Garner Gillis
Hammill Harris

PCCoo,llyleimnsan Dawkins j}eal Dean Echols Edge Egan English

H,,"ouuwg&amrds Johnson Kidd Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray
Sl,,,hcoutmt aok.fe2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Engram

Kennedy (presiding) McKenzie

Scott of 36th Taylor

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

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

SB 444. By Senators Broun of the 46th, Kennedy of the 4th and Bowen of the 13th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emer gency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty.

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The Senate Committee on Public Safety offered the following substitute to SB 444:

A BILL
To be entitled an Act to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medi cal technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking subparagraph (C) of paragraph (4) in its entirety and inserting in its place a new subparagraph (C) to read as follows:
"(C) With respect to a law enforcement officer, while enforcing or attempting to enforce the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, attempting to prevent crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime; or".
Section 2. This Act shall become effective on July 1, 1990, and shall apply to death or permanent disability occurring on or after July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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 Rooney Bowen, Chairman

Senate Public Safety Committee

FROM:

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

DATE:

January 25, 1990

SUBJECT: Fiscal Note--Senate Bill 444 (Committee Substitute) (LC 10 8786S) Law Enforcement Officer Compensation

This bill broadens the term "in the line of duty" as it pertains to law enforcement officers entitled to indemnification for death or permanent disability. If enacted, this bill would become effective and apply to death or permanent disability cases occurring on or after July 1, 1990.

While the fiscal impact of this bill cannot be accurately determined, it is estimated to be minimal. Since the program's inception in 1972 there have only been three cases of death or permanent disability which would not have been eligible for indemnification under the current definition of "in the line of duty". These three cases were approved for indemnifica tion because the death or permanent disability occurred prior to the establishment of the current definition. Therefore, the number of additional cases which would qualify under the proposed definition in the future will be minimal. Each indemnification costs $50,000 in equal monthly installments over five years or approximately $43,500 in a lump sum payment.

MONDAY, JANUARY 29, 1990

363

/s/ G. W. Hogan State Auditor

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

Senators Parker of the 15th and Broun of the 46th offered the following amendment:

Amend the substitute to SB 444 offered by the Senate Committee on Public Safety by striking in their entirety lines 19 through 27 on page 1, which read as follows:
"(C) With respect to a law enforcement officer, while enforcing or attempting to enforce the criminal or traffic laws,",
and inserting in lieu thereof the following:
"(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such of ficer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disabil ity shall not be considered in the line of duty unless he has left the scope of his employment for the private employer for the direct purpose of enforcing or attempting to enforce the criminal or traffic laws,".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

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

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

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

Those voting in the affirmative were Senators:

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

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

Peevy Perry 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:

Barker English Engram

Kennedy (presiding) McKenzie Olmstead

Phillips Shumake Starr

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

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

SB 455. By Senators Timmons of the llth and Pollard of the 24th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi sions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain condi tions; to change the provisions relating to requirements for continued active membership in the fund.

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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

November 1, 1989

SUBJECT: Senate Bill 455 (LC 77494) Sheriffs' Retirement Fund

This bill would increase (from $25 to $30 per month) the dues payable on and after July 1, 1990 by members of the Sheriffs' Retirement Fund. The increase would also apply to credit claimed for prior service from July 1, 1990 to the date of application. If enacted, this bill would become effective July 1, 1990.

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 Coleman Collins Dawkins Deal

Dean Echols Edge Egan Fincher Foster Fuller Garner Gillis
Hammill Harris Howard Johnson Kidd

Land Langford Newbill Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th Stumbaugh Tate

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365

Taylor Timmons

Turner

Walker

Those not voting were Senators:

English Engram Huggins Kennedy (presiding)

McKenzie Olmstead Phillips

Shumake Starr Tysinger

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

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

SB 478. By Senators Pollard of the 24th, Turner of the 8th, Garner of the 30th and others:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date.

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

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

Those voting in the affirmative were Senators:

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

Edge Egan Fincher Foster Fuller Gillis Hammill Harris Howard Johnson Kidd Land 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

Voting in the negative was Senator Garner.

Those not voting were Senators:

English Engram Huggins

Kennedy (presiding) Langford

McKenzie Shumake

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

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JOURNAL OF THE SENATE

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

SB 527. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th 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 additional sparsity grants for fiscal year 1991; to specifically repeal certain effective date and repeal date provisions; to provide for a new effective date and repeal date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English

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 Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Dawkins and Starr.

Those not voting were Senators:

Brannon

Engram

Kennedy (presiding)

On the passage of the bill, the yeas were 51, nays 2.

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

Senator Pollard of the 24th introduced the Briarwood Academy Buccaneers Varsity football team who were commended by SR 356, adopted previously.

Senator Gillis of the 20th introduced Honorable Roy Rowland, United States Represen tative from Georgia's 8th District, who briefly addressed the Senate.

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

SB 553. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical malpractice claims in-

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367

volving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for leg islative findings; to provide for definitions.

Senator Gillis of the 20th moved that SB 553 be postponed until January 30.

On the motion, the yeas were 34, nays 1; the motion prevailed, and SB 553 was post poned until January 30.

SR 297. By Senators Gillis of the 20th, Kidd of the 25th, Broun of the 46th and others:
A resolution providing for the placing of a marker on Colonel's Island in Glynn County in honor of former Governor S. Ernest Vandiver.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olms tead

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

Those not voting were Senators:

Bowen Deal Engram

Kennedy (presiding) Phillips

Scott of 2nd Shumake

On the adoption of the resolution, the yeas were 49, nays 0.

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

SR 302. By Senator Broun of the 46th:
A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs 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:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Land 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 Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Engram

Fincher Garner Kennedy (presiding)

Kidd Shumake Taylor

On the adoption of the resolution, the yeas were 47, nays 0,

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

SR 314. By Senator Dawkins of the 45th:
A resolution creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force.

The Senate Committee on Industry and Labor offered the following amendment:

Amend SR 314 by adding on line 27 of page 3 between the word "necessary" and the period the following:
"not to exceed ten meetings".

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

The Senate Committee on Industry and Labor offered the following amendment:

Amend SR 314 by adding on line 21 of page 1 between the period and the word "There" the following:
"(a)".

On the adoption of the amendment, the yeas were 36, 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:

MONDAY, JANUARY 29, 1990

369

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

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

Perry Phillips Pollard Ragan of ioth Ragan of 32nd ^ Scott of 2nd Scott of 36th "Qtarr , Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen Brannon

Engram Garner Kennedy (presiding)

Peevy Shumake Taylor

On the adoption of the resolution, the yeas were 47, nays 0.

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

SR 331. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Natural Resources; to provide for an effective date.

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

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

Those voting in the affirmative were Senators:

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

Egan English Fincher Foster Fuller Garner 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 36th Stumbaugh Tate Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Barnes Engram Kennedy (presiding)

Land Scott of 2nd Shumake

Starr Taylor

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

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

HB 1152. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of prop erty in cases of permanent change of station orders or temporary duty orders for a period in excess of three months.
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 Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Foster Fuller Garner Gillis 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 Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Engram Fincher

Kennedy (presiding) McKenzie

Shumake Taylor

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

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

MONDAY, JANUARY 29, 1990

371

HB 1196. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, so as to provide eligibility requirements for persons to be insured under the assigned risk plan.
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 Brannon
^roun TMy
Coleman CoUins
Dawkins Deai Dean Echols Edge

Egan Foster Fuller
Garner Hammill
Howard Huggins
J^nson Kidd
Land Langford Newbill Olmstead Peevy

Perry Phillips Ragan of 10th
Ragan of 32nd Scott of 2nd
Scott of 36th Shumake
jjtarr u Stumbaugh
Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes 5Enogwl,!isn,h Engram Fincher

Gillis Harris Kennedy (presiding) McKenzie

Parker Pollard Ray Taylor

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

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

HB 1275. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to change all refer ences to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs; to change references to the administrator of vet erans' affairs to refer to the secretary of veterans affairs.
Senate Sponsor: Senator Brannon of the 51st.

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

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

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Bowen Brannon
** roun TMrton rCCoo1llylei^mnosa^n Dawkins Deal Dean Echols Edge

Egan Foster Fuller
Garner Hammill
Howard Muggins J,K,oihdn,d,son Land Langford Newbill Olmstead Parker

Perry Phillips Ragan of 10th
Ragan of 32nd Scott of 2nd
Scott of 36th Shumake SaS,ttuarmr buaugh. Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Barnes

Gillis Harris

Fincher

Kennedy (presiding) McKenzie

Peevy Pollard
Ray Taylor

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

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

The following general bill of the House, having been read the third time on January 8, and committed to the Senate Committee on Industry and Labor, and favorably reported by the committee, was put upon its passage:

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.
Senate Sponsor: Senator Dawkins of the 45th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun Burton Clay Coleman

Collins Dawkins Dean Echols Edge Egan Fincher Foster Fuller

Garner Hammill Howard Huggins Johnson Kidd McKenzie Newbill Olmstead

MONDAY, JANUARY 29, 1990

373

Parker Peevy Perry Phillips Ragan of 10th

Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr

Stumbaugh Tate Turner Walker

Those not voting were Senators:

Barker Barnes Deal English Engram

Gillis Harris Kennedy (presiding) Land Langford

Pollard Ray Taylor Timmons Tysinger

On the passage of the bill, the yeas were 41, nays 0.

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

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

SB 412. By Senator Fuller of the 52nd:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to pro vide that such prohibitions against gambling shall not apply to certain games or devices; to provide for requirements in connection therewith; to provide for penalties.

Senator Fuller of the 52nd offered the following amendment:

Amend SB 412 by striking from lines 4, 5, and 6 on page 3 the following:
"owning an amusement game or device described in subsections (d) or (e) of this Code section and any person employed by any such owner".
By inserting in line 9 on page 3 between the word "device" and the word "shall" the following:
"described in subsection (d) or (e) of this Code section".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton
Clay

Coleman Collins Dawkins Deal Dean Echols Edge Egan
Fincher

Foster Fuller Garner Hammill Howard Huggins Johnson Kidd
Land

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JOURNAL OF THE SENATE

Langford Newbill Olmstead Parker Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th

Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Barnes English Engram
Gillis Harris

Kennedy (presiding) McKenzie Pollard Ray

Shumake Starr Taylor Timmons

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

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

SB 441. By Senator Shumake of the 39th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide that local housing authorities shall post signs in public housing projects which cite the law prohibiting loitering.

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 Dawkins Deal Dean Echols

Edge Fincher Foster Fuller Garner Hammill Howard Huggins Johnson Kidd Land Langford Newbill Olmstead

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

Those not voting were Senators:

Barnes Egan English Engram Gillis

Harris Kennedy (presiding) McKenzie Peevy

Pollard Ray Taylor Timmons

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

MONDAY, JANUARY 29, 1990

375

The bill, having received the requisite constitutional majority, was passed.
SB 443. By Senators Kidd of the 25th, Harris of the 27th, Ray of the 19th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to court, and Title 19 of the Official Code of Georgia Annotated, relating to domes tic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to^provide for defini tions; to provide for jurisdiction and findings.
The Senate Committee on Governmental Operations offered the following substitute to SB 443:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change a term and certain cross-refer ences; to change certain provisions relating to termination of parental rights of biological fathers who are not legal fathers; to amend Title 19 of the Official Code of Georgia Anno tated, relating to domestic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to provide for definitions; to provide for jurisdiction and findings; to provide who may petition to adopt a child and how such petition shall be filed; to provide the manner in which and conditions under which rights to a child may be surrendered or terminated for purposes of authorizing the adoption of that child; to require that certain children consent to their adoption; to provide for ac knowledgement of surrender; to provide for withdrawal of surrender; to provide for affida vits of mothers; to provide for compliance with the Interstate Compact on the Placement of Children; to provide for affidavits for persons before whom surrenders are signed; to provide for surrenders by minors; to provide for mailing of surrenders and for filing petitions for adoption; to provide for adoption based upon certain foreign decrees; to provide when sur render or termination of rights is not necessary to the filing of a petition for adoption, and provide for certain notification in those cases; to provide for termination of parental rights to a child; to provide for notifications to certain parents and biological fathers of children sought to be adopted and rights relating thereto; to provide for the contents of and attach ments to petitions for adoption; to provide for fees and deposits; to provide for reports and accountings; to provide for affidavits of attorneys; to provide for service of certain petitions upon grandparents with visitation rights or their counsel; to provide for judicial considera tion of adoption petitions and objections thereto; to provide for verifications, investigations, and reports regarding adoption petitions; to provide for dismissal of adoption petitions and appointment of guardians ad litem; to provide for judicial hearings on petitions for adoption and orders and decrees relating thereto and proceedings in connection therewith; to provide for the effect of decrees of adoption; to provide for adoption certificates; to provide for adoption of adults; to provide for recognition of decrees of other courts; to provide for pend ing proceedings and previously entered final orders; to provide for filing and recordation of matters relating to petitions for adoption; to provide for sealing of adoption records and provide access thereto and information therefrom under certain conditions; to provide for release of information regarding biological parents and siblings of adopted children; to pro vide for registry, fees, and immunity from liability; to provide that the Department of Human Resources and others may provide certain services; to prohibit certain advertise ments and inducements and provide criminal penalties therefor; to provide for prior exe cuted consents and surrenders; to provide for forms; to provide for all related matters; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change a cross-reference; 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. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subparagraph (C) of paragraph (2) of subsec tion (a) of Code Section 15-11-5, relating to jurisdiction of juvenile courts, and inserting in its place a new subparagraph to read as follows:
"(C) For the termination of the legal parent-child relationship, other than that in con nection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have exclusive jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; or".
Section 2. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 15-11-81, relating to grounds for terminating parental rights, and inserting in its place a new paragraph to read as follows:
"(1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7;"
Section 3. Said chapter is further amended by striking subsection (d) of Code Section 15-11-83, relating to rights of putative fathers, which reads as follows:
"(d) (1) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative fa ther of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard.
(2) If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceedings to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the Department of Human Resources or a licensed childplacing agency to expend such additional effort, as the court shall specify, in the identifica tion and location of the putative father and to report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results reported.
(3) If the identity of the putative father is unknown, the court may require the mother to execute an affidavit regarding the putative father as provided in Code Section 19-8-4 or show cause before the court if she refuses.
(4) The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to the child's support, nor made any attempt to legitimate the child, and that he did not pro vide support for the mother, including medical care, either during her pregnancy or during her hospitalization for the birth of the child.
(5) (A) If the court finds from the evidence that the putative father either lived with the child, contributed to the child's support, attempted to legitimate the child, or provided support for the mother, including medical care, during her pregnancy or during her hospital ization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child.
(B) If the court finds that the conduct was sufficient to establish a familial bond, then the court shall enter an appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate.

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(C) If the court finds that such conduct was not sufficient to establish a familial bond, then the court shall enter an order terminating the rights of the putative father.
(D) At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child.
(6) The court shall not include the name of the mother in any public notice to the putative father if his name is known to the court",
and inserting in its place the following:
"(d) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child.
(e) If there is a biological father who is not the legal father of a child and the identity and location of such biological father are known and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, he shall be notified by registered or certified mail, return receipt requested, at his last known address, of the proceedings pursuant to this Code section and the notice shall con form to subsection (g) of this Code section and shall be deemed received upon the date of delivery shown on the return receipt and such father shall have the rights specified in sub section (g) of this Code section and will lose those rights as specified in subsection (h) of this Code section.
(f) If there is a biological father who is not the legal father of the child and the identity or location of such biological father is not known, then the court shall be authorized to require the mother to execute an affidavit regarding such father in the form provided in subsection (h) of Code Section 19-8-26 or show cause before the court if she refuses. If the court finds from the evidence:
(1) That such biological father has not performed any of the following acts:
(A) Lived with the child;
(B) Contributed to its support;
(C) Made any attempt to legitimate the child; or
(D) Provided support for the mother (including medical care) either during her preg nancy or during her hospitalization for the birth of the child,
then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child.
(2) That such biological father has performed any act specified in subparagraph (A) through (D) of paragraph (1) of this subsection, then the court shall determine from the evidence whether such conduct by such biological father was sufficient to establish a familial bond between such biological father and the child. If the court finds that the conduct was:
(A) Not sufficient to establish a familial bond, then no further inquiry or notice to such biological father shall be required by the court and the court shall enter an order terminat ing the rights of such biological father to the child; or
(B) Sufficient to establish a familial bond, then the court shall determine from the evi dence whether reasonable efforts have been made to identify and locate the father. If the court determines such reasonable efforts:
(i) Have not been made, it shall direct the department or licensed child-placing agency to expend such additional effort as the court shall specify in the identification and location of such biological father, and to report the results of the additional efforts to the court, and the court shall continue the hearing until the additional efforts have been expended and the results reported. When the results are reported, if the court finds that reasonable efforts

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have not been made, it shall order such additional efforts and reports and continue the hearing until those efforts have been expended and reports made, as provided in the preced ing provisions of this division, or, if the court finds that reasonable efforts have been made the court shall enter an order as provided in division (ii) of this subparagraph; or
(ii) Have been made, the court shall enter an appropriate order designed to afford such biological father notice of the proceeding to terminate, and the notice shall conform to sub section (g) of this Code section and shall be provided and deemed received as provided in subsection (b) of Code Section 19-8-11, but shall not include the name of the legal mother in any public notice to such biological father if his name is known to the court and the court shall continue the hearing and enter an order consistent with subsection (h) of this Code section.
(g) When notice is given pursuant to subsection (e) of this Code section or division (2)(B)(ii) of subsection (f) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will not be entitled to object to the termination of his rights to the child unless, within 30 days of receipt of such notice, he files:
(1) A petition to legitimate the child pursuant to Code Section 19-7-22; and
(2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section is pending.
(h) If the biological father who is not the legal father does not file a legitimation peti tion and give notice as required in subsection (g) of this Code section within 30 days from his receipt of the notice provided for in subsection (e) of this Code section or division (2)(B)(ii) of subsection (f) of this Code section or, if after filing the petition he fails to prosecute it to final judgment, he loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the termination of his rights to the child."
Section 4. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking subsection (b) of Code Section 19-7-3, relating to original ac tions for visitation rights of grandparents, and inserting in its place a new subsection to read as follows:
"(b) Any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative, notwithstanding the provisions of Code Section 19-8-19."
Section 5. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking Chapter 8, relating to adoption, in its entirety and substituting in its place the following:
CHAPTER 8
19-8-1. For purposes of this chapter, the term:
(1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of the child.
(2) 'Child' means a person who is under 18 years of age and who is sought to be adopted.
(3) 'Child-placing agency' means an agency licensed as a child-placing agency pursuant to Chapter 5 of Title 49.
(4) 'Department' means the Department of Human Resources.

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(5) 'Guardian' means a legal guardian of the person of a child.
(6) 'Legal father' means a male who:
(A) Has legally adopted a child;
(B) Was married to the biological mother of that child at the time the child was con ceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title;
(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title;
(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of this title; or
(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22,
and who has not surrendered or had terminated his rights to the child.
(7) 'Legal mother' means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child.
(8) 'Parent' means either the legal father or the legal mother of the child.
(9) 'Petitioner' means a person who petitions to adopt or terminate rights to a child pursuant to this chapter.
19-8-2. (a) The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption, except such jurisdiction as may be granted to the juvenile courts.
(b) All petitions under this chapter shall be filed in the county in which any petitioner resides, except that:
(1) Upon good cause being shown, the court of the county of the child's domicile or of the county in which is located any child-placing agency having legal custody of the child sought to be adopted may, in its discretion, allow the petition to be filed in that court; and
(2) Any person who has been a resident of any United States Army post or military reservation within this state for six months next preceding the filing of the petition for adoption may file the petition in any county adjacent to the United States Army post or military reservation.
19-8-3. (a) Any adult person may petition to adopt a child if the person:
(1) Is at least 25 years of age or is married and living with his spouse;
(2) Is at least ten years older than the child;
(3) Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and
(4) Is financially, physically, and mentally able to have permanent custody of the child.
(b) Any adult person, including but not limited to a foster parent, meeting the require ments of subsection (a) of this Code section shall be eligible to apply to the department or a child-placing agency for consideration as an adoption applicant in accordance with the poli cies of the department or the agency.
(c) If a person seeking to adopt a child is married, the petition must be filed in the name of both spouses; provided, however, that, when the child is the stepchild of the party seeking to adopt, the petition shall be filed by the stepparent alone.
19-8-4. (a) Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted through the department or any child-placing agency only if each such parent and each such guardian:
(1) Has voluntarily and in writing surrendered all of his rights to the child to the de-

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partment or to a child-placing agency as provided in this Code section and the department or agency thereafter consents to the adoption; or
(2) Has had all of his rights to the child terminated by order of a court of competent jurisdiction, the child has been committed by the court to the department or to a childplacing agency for placement for adoption, and the department or agency thereafter con sents to the adoption.
(b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.
(c) The surrender to the department or to a child-placing agency specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of the department or the agency and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.
(d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
(e) (1) The surrender by a parent or guardian specified in paragraph (1) of subsection (a) of this Code section shall meet the requirements of subsection (a) of Code Section 19-826.
(2) The biological father who is not the legal father of a child may surrender all his rights to the child for the purpose of an adoption pursuant to this Code section. That sur render shall meet the requirements of subsection (b) of Code Section 19-8-26.
(f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgement meeting the requirements of subsection (g) of Code Section 19-8-26.
(g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
(h) Whenever rights are surrendered to the department or to a child-placing agency, the department or agency representative before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (j) of Code Section 19-8-26.
(i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child irrespective of whether such parent or biologi cal father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.
(j) In any surrender pursuant to this Code section, the provisions of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with.
19-8-5. (a) Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted by a third party who is neither the stepparent nor rela tive of that child, as described in subsection (a) of Code Sections 19-8-6 and 19-8-7, only if each such living parent and each such guardian has voluntarily and in writing surrendered all of his rights to the child to that third person for the purpose of enabling that person to adopt the child.
(b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.
(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of each petitioner and a notary. The name and address of each person to whom the child is surrendered may be omitted to protect confi dentiality, provided the surrender sets forth the name and address of his agent for purposes of notice of withdrawal as provided for in subsection (d) of this Code section. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.

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(d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
(e) (1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (c) of Code Section 19-8-26.
(2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surren der shall meet the requirements of subsection (d) of Code Section 19-8-26.
(f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.
(g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26.
(i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.
(j) A copy of each surrender specified in subsection (a) of this Code section, together with a copy of the acknowledgment specified in subsection (f) of this Code section and a copy of the affidavits specified in subsections (g) and (h) of this Code section and the name and address of each person to whom the child is surrendered, shall be mailed, by registered or certified mail, return receipt requested, to the
State Adoption Unit
Georgia Department of Human Resources
Atlanta, Georgia
within 15 days from the execution thereof. Upon receipt of the copy the department may commence its investigation as required in Code Section 19-8-16.
(k) A petition for adoption pursuant to subsection (a) of this Code section shall be filed within 60 days from the date of the surrender; otherwise, except in cases of excusable neg lect, the surrender shall operate in favor of the department for placement for adoption pur suant to subsection (a) of Code Section 19-8-4.
(1) In any surrender pursuant to this Code section, the provisions of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with.
19-8-6. (a) Except as otherwise authorized in this chapter:
(1) A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders all of his rights to the child to that spouse for the purpose of enabling that spouse to adopt the child and the other parent consents to the adoption and, where there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his rights to the child for purposes of such adoption; or
(2) A child who has only one parent still living may be adopted by the spouse of that parent only if that parent consents to the adoption and, where there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his rights to the child for the purpose of such adoption.

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(b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.
(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of the petitioner and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.
(d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
(e) (1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26.
(2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surren der shall meet the requirements of subsection (f) of Code Section 19-8-26.
(f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.
(g) Whenever the legal mother surrenders her parental rights or consents to the adop tion of her child by her spouse pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26.
(i) A surrender or consent pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.
(j) The parental consent by the spouse of a stepparent seeking to adopt a child of that spouse and required by subsection (a) of this Code section shall be as provided in subsection (1) of Code Section 19-8-26.
19-8-7. (a) Except as otherwise authorized in this Code section, a child who has any living parent or guardian may be adopted by a relative who is related by blood or marriage to the child as a grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each such living parent and each such guardian has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his rights to the child for the purpose of enabling that relative and any such spouse to adopt the child.
(b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.
(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of each petitioner and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.
(d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
(e) (1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26.
(2) The biological father who is not the legal father of the child may surrender all his rights to the child for purposes or an adoption pursuant to this Code section. That surren der shall meet the requirements of subsection (f) of Code Section 19-8-26.
(f) A surrender of rights shall be acknowledged by the person who surrenders those

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rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.
(g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
(h) Whenever rights are surrendered pursuant to this Code section the representative of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26.
(i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.
19-8-8. A child may be adopted pursuant to the provisions of this chapter based upon:
(a) A decree which has been entered pursuant to due process of law by a court of com petent jurisdiction outside the United States establishing the relationship of parent and child by adoption between each petitioner and a child born in such foreign country; and
(b) The child's having been granted a valid visa by the United States immigration and Naturalization Service.
19-8-9. (a) In those cases where the legal mother of the child being placed for adoption has herself previously adopted such child, said adoptive mother shall execute, in lieu of the affidavit specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, an affi davit meeting the requirements of subsection (i) of Code Section 19-8-26.
(b) A person signing a surrender pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 198-7 shall have the right to withdraw the surrender by written notice delivered in person or mailed by registered mail within ten days after signing; and the surrender document shall not be valid unless it so states. The ten days shall be counted consecutively beginning with the day immediately following the date the surrender is executed, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday. After ten days, a surrender may not be withdrawn. The notice of withdrawal of surrender shall be delivered in person or mailed by registered mail to the address designated in the surrender document.
19-8-10. (a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13 where:
(1) That child has been abandoned by that parent;
(2) That parent cannot be found after a diligent search has been made; or
(3) That parent is insane or otherwise incapacitated from surrendering such rights,
and the court is of the opinion that the adoption is in the best interests of that child.
(b) Surrender of rights of a parent pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13, if that parent, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed:
(1) To communicate or to make a bona fide attempt to communicate with that child; or
(2) To provide for the care and support of that child as required by law or judicial decree,
and the court is of the opinion that the adoption is for the best interests of that child.

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(c) Whenever it is alleged by any petitioner that surrender or termination of rights of a parent is not a prerequisite to the filing of a petition for adoption of a child of that parent in accordance with subsection (a) or (b) of this Code section, that parent shall be personally served with a conformed copy of the adoption petition, together with a copy of the court's order thereon specified in Code Section 19-8-13, or, if personal service cannot be perfected, by registered or certified mail, return receipt requested, at his last known address. If service cannot be made by either of these methods that parent shall be given notice by publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address. A parent who receives notification pursu ant to this paragraph may appear in the pending adoption action and show cause why such parent's rights to the child sought to be adopted in that action should not be terminated by that adoption. Notice shall be deemed to have been received the date:
(1) Personal service is perfected;
(2) Of delivery shown on the return receipt of registered or certified mail; or
(3) Of the last publication.
19-8-11. (a) (1) In those cases where the department or a child-placing agency has ei ther obtained:
(A) The voluntary written surrender of all parental rights from one of the parents or the guardian of a child; or
(B) An order of a court of competent jurisdiction terminating all of the rights of one of the parents or the guardian of a child, the department or child-placing agency may in con templation of the placement of such child for adoption petition the superior court of the county where the child resides to terminate the parental rights of the remaining parent pursuant to this Code section.
(2) In those cases where a person who is the resident of another state has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child, each such person to whom the child has been surrendered may in contemplation of the adoption of such child in such other state petition the superior court of the county where the child resides to terminate the parental rights of the remaining parent pursuant to this Code section.
(3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsec tion where:
(A) The child has been abandoned by that parent;
(B) That parent of the child cannot be found after a diligent search has been made; or
(C) That parent is insane or otherwise incapacitated from surrendering such rights,
and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under sub section (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child.
(b) Whenever a petition is filed pursuant to subsection (a) of this Code section, the parent whose rights the petitioner is seeking to terminate shall be personally served with a conformed copy of the petition, and a copy of the court's order setting forth the date upon which the petition shall be considered or, if personal service cannot be perfected, by regis tered or certified mail, return receipt requested, at his last known address. If service cannot be made by either of these methods, that parent shall be given notice by publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address. A parent who receives notification pursuant to this subsection may appear and show cause why such parent's rights to the child sought to be

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placed for adoption should not be terminated. Notice shall be deemed to have been received the date:
(1) Personal service is perfected;
(2) Of delivery shown on the return receipt of registered or certified mail; or
(3) Of the last publication.
19-8-12. (a) If there is a biological father who is not the legal father of a child and the identity and location of such biological father are known and he has not executed a surren der as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, he shall be notified by registered or certified mail, return receipt requested, at his last known address, that the legal mother of the child has surrendered her parental rights to the child, had her parental rights terminated, has consented to the child's adoption by her spouse, or is a party to a proceeding to terminate her parental rights, and such notice shall be deemed to have been received on the date of delivery shown on the return receipt.
(b) If there is a biological father who is not the legal father of the child and the identity or location of such biological father is not known and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 then:
(1) Where the rights of a parent or guardian of the child have been surrendered or terminated in accordance with subsection (a) of Code Section 19-8-4, the department or a child-placing agency may file, under the authority of this paragraph, a petition to terminate such biological father's rights to the child, with the superior court of the county where the child resides:
(2) Where the rights of a parent or guardian of the child have been surrendered in accordance with subsection (a) of Code Section 19-8-5, 19-8-6, or 19-8-7 or a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6, the petitioner shall file, under the authority of this paragraph, with the superior court either a motion, if a petition for adoption of the child has previously been filed with the court, or a petition, to terminate such biological father's rights to the child; and
(3) Where a petition or motion is filed pursuant to paragraph (1) or (2) of this subsec tion, the court shall, within 30 days from such filing, conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affidavit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as applicable, in making its determination pursuant to this paragraph. If the court finds from the evidence:
(A) That such biological father has not performed any of the following acts:
(i) Lived with the child;
(ii) Contributed to its support;
(iii) Made any attempt to legitimate the child; or
(iv) Provided support for the mother (including medical care) either during her preg nancy or during her hospitalization for the birth of the child,
then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child.
(B) That such biological father has performed any act specified in divisions (i) through (iv) of subparagraph (A) of this paragraph, then the court shall determine from the evidence whether such conduct by such biological father was sufficient to establish a familial bond between such biological father and the child. If the court finds that the conduct was:
(i) Not sufficient to establish a familial bond, then no further inquiry or notice to such biological father shall be required by the court and the court shall enter an order terminat ing the rights of such biological father to the child; or

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(ii) Sufficient to establish a familial bond, then the court shall determine from the evi dence whether reasonable efforts have been made to identify and locate the father. If the court determines such reasonable efforts:
(I) Have not been made, it shall direct the person or entity filing the petition or motion pursuant to this subsection to expend such additional effort as the court shall specify in the identification and location of such biological father and to report the results of the addi tional efforts to the court, and the court shall continue the hearing until the additional efforts have been expended and the results reported. When the results are reported, if the court finds that reasonable efforts have not been made, it shall order such additional efforts and reports made, as provided in the preceding provisions of this subdivision, or, if the court finds that reasonable efforts have been made, the court shall enter an order as pro vided in subdivision II of this division; or
(II) Have been made, the court shall enter an appropriate order designed to afford such biological father notice of the surrender, termination, consent to adopt, or proceeding to terminate, and the notice shall conform to subsection (c) of this Code section and shall be provided and deemed received as provided in subsection (b) of Code Section 19-10-11, but shall not include the name of the legal mother in any public notice to such biological father if his name is known to the court and the court shall continue the hearing and enter an order consistent with subsection (d) of this Code section.
(c) When notice is to be given pursuant to subsection (a) or (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files:
(1) A petition to legitimate the child pursuant to Code Section 19-7-22; and
(2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father.
(d) If the biological father who is not the legal father does not file a legitimation peti tion and give notice as required in subsection (c) of this Code section within 30 days from his receipt of the notice provided for in subsection (a) or (b) of this Code section or, if after filing the petition he fails to prosecute it to final judgment, he loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the adoption and is not entitled to receive further notice of the adoption.
(e) If the child is legitimated by his biological father, the adoption shall not be permit ted except as provided in Code Sections 19-8-4 through 19-8-7.
19-8-13. (a) The petition for adoption, duly verified, together with one conformed copy thereof, must be filed with the clerk of the superior court having jurisdiction and shall con form to the following guidelines:
(1) The petition shall set forth:
(A) The name, age, and place of residence of each petitioner;
(B) The name by which the child is to be known should the adoption ultimately be completed;
(C) The date of birth and the sex of the child;
(D) The date and circumstances of the placement of the child with each petitioner;
(E) Whether the child is possessed of any property and, if so, a full and complete description thereof;
(F) Whether the child has one or both parents or his biological father who is not the legal father living; and

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(G) Whether the child has a guardian.
(2) Where the adoption is pursuant to subsection (a) of Code Section 19-8-4 the follow ing shall be provided or attached or its absence explained when the petition is filed:
(A) An affidavit from the department or a child-placing agency stating that 11 of the requirements of Code Sections 19-8-4 and 19-8-12 have been complied with;
(B) The written consent of the department or agency to the adoption;
(C) A copy of the appropriate form verifying the allegation of compliance with the re quirements of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and
(D) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
(3) Where the adoption is pursuant to subsection (a) of Code Section 19-8-5, the follow ing shall be provided or attached or its absence explained when the petition is filed:
(A) The written voluntary surrender of each parent or guardian specified in subsection (e) of Code Section 19-8-5;
(B) The written acknowledgement of surrender specified in subsection (f) of Code Sec tion 19-8-5;
(C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-5;
(D) Allegations of compliance with Code Section 19-8-12;
(E) Allegations of compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children;
(F) The accounting required by the provisions of subsection (c) of this Code section;
(G) Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the marriage of each peti tioner, the divorce or death of each parent of the child sought to be adopted, and compli ance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and
(H) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
(4) Where the adoption is pursuant to subsection (a) of Code Section 19-8-6, the follow ing shall be provided or attached or its absence explained when the petition is filed:
(A) The written voluntary surrender of the parent or guardian specified in subsection (e)[ of Code Section 19-8-6;
(B) The written acknowledgment of surrender specified in subsection (f) of Code Sec tion 19-8-6;
(C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-6;
(D) The consent specified in subsection (j) of Code Section 19-8-6;
(E) Allegations of compliance with Code Section 19-8-12;
(F) Copies of appropriate certificates verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the birth of the child sought to be adopted, the marriage of each petitioner, and the divorce or death of each parent of the child sought to be adopted; and
(G) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.

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(5) Where the adoption is pursuant to subsection (a) of Code Section 19-8-7, the follow ing shall be provided or attached or its absence explained when the petition is filed:
(A) The written voluntary surrender of each parent specified in subsection (e) of Code Section 19-8-7;
(B) The written acknowledgement of surrender specified in subsection (f) of Code Sec tion 19-8-7;
(C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-7;
(D) Allegations of compliance with Code Section 19-8-12;
(E) Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the birth of the child sought to be adopted, the marriage of each petitioner, and the divorce or death of each parent of the child sought to be adopted; and
(F) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
(6) (A) Where the adoption is pursuant to Code Section 19-8-8, the following shall be provided or attached or its absence explained when the petition is filed:
(i) A certified copy of the final decree of adoption from the foreign country along with a verified English translation. The translator shall provide a statement regarding his qualifica tion to render the translation, his complete name, and his current address. Should the cur rent address be a temporary one, his permanent address shall also be provided;
(ii) A verified copy of the visa granting the child entry to the United States;
(iii) A certified copy along with a verified translation of the child's amended birth cer tificate or registration showing each petitioner as parent; and
(iv) A copy of the home study which was completed for United States Immigration and Naturalization Service.
(B) It is not necessary to file copies of surrenders or termination on any parent or bio logical father who is not the legal father when the petition is filed pursuant to subsection (a) of Code Section 19-8-8.
(7) Where Code Section 19-8-10 is applicable, parental rights need not be surrendered or terminated prior to the filing of the petition; but any petitioner shall allege facts demon strating the applicability of Code Section 19-8-10 and shall allege compliance with subsec tion (c) of Code Section 19-8-10.
(8) If the petition is filed in a county other than that of the petitioners' residence, the reason therefor must also be set forth in the petition.
(b) At the time of filing the petition, the petitioner shall deposit with the clerk the deposit required by Code Section 9-15-4; the fees shall be those established by Code Sec tions 15-6-77 and 15-6-77.1.
(c) Each petitioner in any proceeding for the adoption of a minor pursuant to the provi sions of Code Section 19-8-5 shall file with the petition, in a manner acceptable to the court, a report fully accounting for all disbursements of anything of value made or agreed to be made, directly or indirectly, by, on behalf of, or for the benefit of the petitioner in connec tion with the adoption, including, but not limited to, any expenses incurred in connection with:
(1) The birth of the minor;
(2) Placement of the minor with the petitioner;
(3) Medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement; and
(4) Services relating to the adoption or to the placement of the minor for adoption

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which were received by or on behalf of the petitioner, either natural parent of the minor, or any other person.
(d) Every attorney for a petitioner in any proceeding for the adoption of a minor pursu ant to the provisions of Code Section 19-8-5 shall file, in a manner acceptable to the court, before the decree of adoption is entered, an affidavit detailing all sums paid or promised to that attorney, directly or indirectly, from whatever source, for all services of any nature rendered or to be rendered in connection with the adoption; provided, however, that if the attorney received or is to receive less than $500.00, the affidavit need only state that fact.
(e) Any report made under this Code section must be signed and verified by the indi vidual making the report.
(f) Whenever a petitioner is a blood relative of the child to be adopted and a grandpar ent other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the grandparent with the visitation rights or upon such person's counsel of record.
19-8-14. Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 60 days from the date of the filing of the petition or, when Code Section 19-8-10 is relied upon, not less than 30 days from the receipt of notice as provided in subsection (c) of Code Section 19-8-10. Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law.
19-8-15. If the child sought to be adopted has no legal father or legal mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall deter mine, in its discretion, whether or not the same constitute a good reason for denying the petition and the court shall have the authority to grant or continue such visitation rights of the grandparent to the child in the adoption order in the event the adoption by the blood relative is approved by the court.
19-8-16. (a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the department, through its own agents, through one of its childplacing agencies, or through any other agent appointed by the department, to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. If for any reason the department finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the commissioner of human resources to notify the court immediately, or at least within 20 days after receipt of the amount for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(b) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7, the department is authorized, but not required, to make an investigation and shall do so whenever requested by the court, in whatever form the court specifies.
(c) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-8, an investigation by the department shall not be required.
19-8-17. (a) The report and findings of the investigating agency shall include, among other things, the following:
(1) Verification of allegations contained in the petition;

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(2) Circumstances under which the child came to be placed for adoption;
(3) Whether each proposed adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account;
(4) The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority;
(5) Whether or not the adoption is in the best interests of the child, including his gen eral care;
(6) Suitability of the home to the child;
(7) If applicable, whether the identity and location of the biological father who is not the legal father are known or ascertainable and whether the requirements of Code Section 19-8-12 were complied with; and
(8) Any other information that might be disclosed by the investigation that would be of any value or interest to the court in deciding the case.
(b) If the report of the department or the child-placing agency disapproves of the adop tion of the child, motion may be made by the department or by the child-placing agency to the court to dismiss the petition and the court after hearing is authorized to do so. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Georgia Court of Appeals or Supreme Court, as in other cases, as provided by law.
(c) If at any time it appears to the court that the interests of the child may conflict with those of any petitioner, the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county.
19-8-18. (a) (1) Upon the date appointed by the court for a hearing of the petition for adoption or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on the petition and the examination of the parties at interest in chambers, under oath, with the right of continuing the hearing and examinations from time to time as the nature of the case may require. The court at such times shall give considera tion to the investigation report to the court provided for in Code Section 19-8-16 and the recommendations contained therein.
(2) The court shall examine the petition for adoption and the affidavit specified in sub section (g) of Code Section 19-8-5, 19-8-6, or 19-8-7, as appropriate, to determine whether Code Section 19-8-12 is applicable. If the court determines that Code Section 19-8-12 is applicable to the petition, it shall:
(A) Determine that an appropriate order has previously been entered;
(B) Enter an order consistent with Code Section 19-8-12; or
(C) Continue the hearing until Code Section 19-8-12 is complied with.
(3) If the adoption petition is filed pursuant to subsection (a) of Code Section 19-8-5, the court shall examine the financial disclosures required under subsections (c) and (d) of Code Section 19-8-13 and make such further examination of each petitioner and his attor ney as the court deems appropriate in order to make a determination as to whether there is cause to believe that Code Section 19-8-24 has been violated with regard to the 'inducement' of the placement of the child for adoption. Should the court determine that further inquiry is in order, the court shall direct the district attorney for the county to review the matter further and to take such appropriate action as the district attorney in his discretion deems appropriate.
(b) If the court is satisfied that each living parent or guardian of the child has surren dered or had terminated all his rights to the child in the manner provided by law prior to the filing of the petition for adoption or that each petitioner has satisfied his burden of proof under Code Section 19-8-10, that such petitioner is capable of assuming responsibility

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for the care, supervision, training, and education of the child, that the child is suitable for adoption in a private family home, and that the adoption requested is for the best interest of the child, it shall enter a decree of adoption, terminating all the rights of each parent and guardian to the child, granting the permanent custody of the child to each petitioner, nam ing the child as prayed for in the petition, and declaring the child to be the adopted child of each petitioner. In all cases wherein Code Section 19-8-10 is relied upon by any petitioner as a basis for the termination of parental rights, the court shall include in the decree of adop tion appropriate findings of fact and conclusions of law relating to the applicability of Code Section 19-8-10.
(c) If the court determines that any petitioner has not complied with this chapter, it may dismiss the petition for adoption without prejudice or it may continue the case. Should the court find that any notice required to be given by any petitioner under this chapter has not been given or has not been properly given or that the petition has not been properly filed, the court is authorized to enter an order providing for corrective action and an addi tional hearing.
(d) If the court is not satisfied that the adoption is in the best interests of the child, it shall deny the petition. If the petition is denied because of such reason or for any other reason under law, the court shall commit the child to the custody of the department or to a child-placing agency, if the petition was filed pursuant to Code Section 19-8-4 or 19-8-5. If the petition was filed pursuant to Code Section 19-8-6, 19-8-7, or 19-8-8, the child shall remain in the custody of each petitioner if that petitioner is fit to have custody or the court may place the child with the department for the purpose of determining whether or not a petition should be initiated under Chapter 11 of Title 15.
19-8-19. (a) A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the following effect as to matters within the jurisdiction of or before a court in this state:
(1) Except with respect to a spouse of the petitioner and relatives of the spouse, a decree of adoption terminates all legal relationships between the adopted individual and his relatives, including his parent, so that the adopted individual thereafter is a stranger to his former relatives for all purposes, including inheritance and the interpretation or construc tion of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship; and
(2) A decree of adoption creates the relationship of parent and child between each peti tioner and the adopted individual, as if the adopted individual were a child of biological issue of that petitioner. The adopted individual shall enjoy every right and privilege of a biological child of that petitioner; shall be deemed a biological child of that petitioner, to inherit under the laws of descent and distribution in the absence of a will, and to take under the provisions of any instrument of testamentary gift, bequest, devise, or legacy, whether executed before or after the adoption is decreed, unless expressly excluded therefrom; shall take by inheritance from relatives of that petitioner; and shall also take as a 'child' of that petitioner under a class gift made by the will of a third person.
(b) Notwithstanding the provisions of subsection (a) of this Code section, if a parent of a child dies without the relationship of parent and child having been previously terminated by court order or unrevoked surrender of parental rights to the child, the child's right of inheritance from or through the deceased parent shall not be affected by the adoption.
19-8-20. (a) Upon the entry of the decree of adoption, the clerk of the court granting the same shall forward a copy of the decree, together with the original of the investigation report and background information filed with the court, to the department. If there is any subsequent order or revocation of the adoption a copy of same in like manner shall be for warded by the clerk to the department.
(b) At any time after the entry of the decree of adoption, upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that adopting par-

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ent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in Code Sections 15-6-77 and 15-6-77.1, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate.
(c) The adoption certificate shall be in substantially the following form:
This is to certify that------------------(names of each adopting parent) have obtained a decree of adoption for_________(full name of adopted child) in the Superior Court of_________ County, Georgia, on the_________ day of_________, as shown by the court's records. Given under the hand and seal of said court, this the__________ day of

Clerk
19-8-21. (a) Adult persons may be adopted on giving written consent to the adoption. In such cases, adoption shall be by a petition duly verified and filed, together with two con formed copies, in the superior court in the county in which either any petitioner or the adult to be adopted resides, setting forth the name, age, and residence of each petitioner and of the adult to be adopted, the name by which the adult is to be known, and his written con sent to the adoption. The court may assign the petition for hearing at any time. After exam ining each petitioner and the adult sought to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult. Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the relation of parent and child.
(b) Code Section 19-8-19, relating to the effect of a decree of adoption, and Code Sec tion 19-8-20, relating to notice of adoption, shall also apply to the adoption of adults.
19-8-22. (a) A decree of a court terminating the relationship of parent and child or establishing the relationship of parent and child by adoption, issued pursuant to due pro cess of law by a court of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child where the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the requirements of Code Sections 198-4, 19-8-5, 19-8-6, 19-8-7, and 19-8-12.
(b) Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection, as amended, had been effective at the time such proceeding was filed or concluded shall be governed by the provisions of subsection (a) of this Code section, as amended.
(c) Any adoption proceeding pending in a court of competent jurisdiction in this state in which no final order of adoption has been entered as of April 1, 1986, to which the provi sions of subsection (a) of this Code section are applicable shall be governed by the provi sions of subsection (a) of this Code section, as amended.
19-8-23. (a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and

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locked. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction with not less than 30 days' after receipt of written notice to the department and the appro priate child-placing agency, the matter has come on before the court in chambers and good cause having been shown to the court and the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the de partment shall provide written notice of such proceedings to the adoptive parents by certi fied mail, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent and show cause why such records should not be examined. Each such adoptive parent shall have the right to appear in person or through counsel. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to:
Adoption Unit
Department of Human Resources
Atlanta, Georgia
(b) The department or the child-placing agency may, in its sole discretion, make use of any information contained in the records of the respective department or agency relating to the adoptive parents in connection with a subsequent adoption matter involving the same adoptive parents or to provide notice when required by subsection (a) of this Code Section.
(c) The department or the child-placing agency may, in its sole discretion, make use of any information contained in its records on a child when an adoption disrupts after finalization and when such records are required for the permanent placement of such child, or when the information is required by federal law.
(d) Upon the request of a party at interest in the adoption or of a provider of medical services to such a party when certain information is necessary because of a medical emer gency or for medical diagnosis or treatment, the department or child-placing agency may, in its sole discretion, petition the Superior Court of Fulton County to obtain access to its own records on finalized adoptions for the purpose of adding subsequently obtained medical in formation or to release nonidentifying medical information contained in its records on such adopted persons.
(e) Records relating in any manner to adoption shall not be open to the general public for inspection.
(f) (1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term:
(A) 'Commissioner' means the commissioner of the Department of Human Resources or that person's designee.
(B) 'Department' means the Department of Human Resources or, when the Department of Human Resources so designates, the county department of family and children services which placed for adoption the person seeking, or on whose behalf is sought, information under this subsection.
(C) 'Placement agency' means the child-placing agency, as defined in paragraph (3) of Code Section 19-8-1, which placed for adoption the person seeking or on whose behalf is sought information under this subsection.
(D) 'Biological parent' means the biological mother or biological father who surrendered that person's rights or had such rights terminated by court order giving rise to the adoption of the child.
(2) The department or a placement agency, upon the written request of an adopted person who has reached 21 years of age or upon the written request of an adoptive parent on behalf of that parent's adopted child under 21 years of age, shall release to such adopted

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person or to the adoptive parent on the child's behalf nonidentifying information regarding such adopted person's biological parents and information regarding such adopted person's birth. Such information may include the date and place of birth of the adopted person and the genetic, social, and health history of the biological parents. No information released pursuant to this subsection shall include the name or address of either biological parent or the name or address of any relative by birth or marriage of the biological parent.
(3) The department or a placement agency upon written request of an adopted person who has reached 21 years of age shall release to such adopted person the name of such person's biological parent if:
(A) The biological parent whose name is to be released has submitted unrevoked writ ten permission to the department or the placement agency for the release of that parent's name to the adopted person;
(B) The identity of the biological parent submitting permission for the release of that parent's name has been verified by the department or the placement agency; and
(C) The department or the placement agency has records pertaining to the finalized adoption and to the identity of the biological parent whose name is to be released.
(4) (A) If a biological parent has not filed written unrevoked permission for the release of that parent's name to the adopted child, the department or the placement agency, within six months of receipt of the written request of the adopted person who has reached 21 years of age, shall make diligent effort to notify each biological parent identified in the original adoption proceedings or in other records of the department or the placement agency relative to the adopted person. For purposes of this subparagraph, 'notify' means a personal and confidential contact with each biological parent named on the original birth certificate of the adopted person. The contact shall not be by mail and shall be by an employee or agent of the placement agency which processed the pertinent adoption or by other agents or employ ees of the department. The contact shall be evidenced by the person who notified each parent certifying to the department that each parent was given the following information:
(i) The nature of the information requested by the adopted person;
(ii) The date of the request of the adopted person;
(iii) The right of each biological parent to file within 60 days of receipt of the notice an affidavit with the placement agency or the department stating that such parent's identity should not be disclosed;
(iv) The right of each biological parent to file a consent to disclosure with the place ment agency or the department at any time; and
(v) The effect of a failure of each biological parent to file either a consent to disclosure or an affidavit stating that the information in the original birth certificate or sealed adop tion file should not be disclosed.
(B) If a biological parent files an unrevoked consent to the disclosure of that parent's identity, such parent's name shall be released to the adopted child who has requested such information as authorized by this paragraph.
(C) If, subsequent to being notified by the department or placement agency, a biological parent has not filed an unrevoked consent to the disclosure of that parent's identity at any time within six months after the written request for such information is received by the department or placement agency or such parent has filed with the department or placement agency within 60 days after notice to such person of the request for such information an affidavit objecting to such release, whichever occurs later, that information regarding that biological parent will not be released.
(D) (i) If the director of a placement agency or the commissioner certifies that the placement agency or department has been unable to notify a parent identified in the origi nal adoption record within six months after receipt of the adopted person's written request and if neither identified biological parent has at any time filed an unrevoked consent to

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disclosure with the placement agency or the department, the identity of a biological parent may only be disclosed as provided in division (ii) of this subparagraph.
(ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of that person's biological parent from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each biological parent pursuant to this subparagraph without success and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted person.
(5) (A) Upon written request of an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the department or a placement agency shall attempt to identify and notify the siblings of the requesting party, if such siblings are at least 18 years of age. Upon locating the requesting party's sibling, the department or the placement agency shall notify the sibling of the in quiry. Upon the written consent of the sibling so notified, the department or the placement agency shall forward the requesting party's name and address to the sibling and, upon fur ther written consent of the sibling, shall divulge to the requesting party the present name and address of the sibling. If the sibling is deceased or cannot be identified or located, the department or the placement agency shall notify the requesting party of such circumstances but shall not disclose any names or other information which would tend to identify the sibling.
(B) The adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person may petition the Superior Court of Fulton County to seek the release of the last known name and address of each of the siblings of the petitioning sibling, that are at least 18 years of age, from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such siblings pursuant to subpara graph (A) of this paragraph without success and that failure to release the identity and last known address of said siblings would have an adverse impact upon the physical, mental, or emotional health of the petitioning sibling.
(6) The Division of Family and Children Services Adoption Unit within the department shall maintain a registry for the recording of requests by adopted persons for the name of any biological parent, for the recording of the written consent or the written objections of any biological parent to the release of that parent's identity to an adopted person upon the adopted person's request, and for nonidentifying information regarding any biological par ent which may be released pursuant to paragraph (2) of this subsection. The department and any placement agency which receives such requests, consents, or objections shall file a copy thereof with that unit.
(7) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to his subsection.
(8) Nothing in this subsection shall be construed to require the department or place ment agency to disclose to any party at interest, including but not limited to an adopted person who has reached 21 years of age, any information which is not kept by the depart ment or the placement agency in its normal course of operations relating to adoption.
(9) Any department employee or employee of any placement agency who releases infor mation or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil or criminal liability for such release of information or authorized contacts.
(10) Information authorized to be released pursuant to this subsection may be released under the conditions specified in this subsection notwithstanding any other provisions of law to the contrary.
(11) A placement agency which demonstrates to the department by clear and convinc ing evidence that the requirement that such agency search for or notify any biological par-

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ent or sibling under subparagraph (A) of paragraph (4) of this subsection or subparagraph (A) of paragraph (5) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the department shall assume that responsibil ity upon such finding by the department of undue hardship. The department's determina tion under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(12) An adopted person who has reached 21 years of age may request that the services authorized under this subsection be performed by any attorney at law licensed by the State Bar of Georgia or by any person or agency on an approved list maintained by the depart ment of providers of such services. The department's denial of an application to be placed on the approved list shall be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The department and any placement agency shall provide to any such attorney or to any such person or agency on the department's approved list a copy of that information in the custody of that department or placement agency if such information is required for a search or notification authorized or required by this subsection.
19-8-24. (a) It shall be unlawful for any person, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a child-placing agency by the department to:
(1) Advertise, whether in a periodical, by television, by radio, or by any other public medium or by any private means, including letters, circulars, handbills, and oral statements, that the person, organization, corporation, hospital, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption; or
(2) Directly or indirectly, hold out inducements to parents to part with their children. As used in this subsection, 'inducements' shall include any financial assistance, either direct or indirect, from whatever source, except payment or reimbursement of the medical ex penses directly related to the mother's pregnancy and hospitalization for the birth of the child and medical care for the child.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or imprisoned for not more than ten years, or both, in the discretion of the court.
19-8-25. A written consent or surrender, executed on or before June 30, 1990, shall, for purposes of an adoption proceeding commenced on or after July 1, 1990, be deemed to sat isfy the surrender requirements of this chapter and it shall not be necessary to have any parent or guardian execute the documents required by Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; however, all other appplicable provisions of this chapter must be complied with.
19-8-26. (a) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form:
SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:
This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.

I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child) on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.

MONDAY, JANUARY 29, 1990

397

I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby sur render the child to (insert name of child-placing agency or Department of Human Re sources, as applicable) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of childplacing agency or Department of Human Resources, as applicable) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.
Furthermore, I hereby agree that the (insert name of child-placing agency or Depart ment of Human Resources, as applicable) may seek for the child a legal adoption by such person or persons as may be chosen by the (insert name of child-placing agency or Depart ment of Human Resources, as applicable) or its authorized agents, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal pro ceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Re sources or the child-placing agency is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department or agency in the conduct of its investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of child-placing agency or Depart ment of Human Resources, as applicable) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth days falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this------------------day of------------------, ------ _________ (SEAL) (Parent or guardian)

Unofficial witness
Notary public
(b) The surrender of rights by a biological father who is not the legal father pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form:
SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION NOTICE TO BIOLOGICAL FATHER:
This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.

I, the undersigned, biological father of a (male) (female) child, born (insert name of child) to (insert name of mother) on (insert birthdate of child), being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.

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I, the undersigned, do hereby surrender the child to (insert name of child-placing agency or Department of Human Resources, as applicable) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of child-placing agency or Department of Human Resources, as applicable) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all con trol over the child.
Furthermore, I hereby agree that the (insert name of child-placing agency or Depart ment of Human Resources, as applicable) may seek for the child a legal adoption by such person or persons as may be chosen by the (insert name of child-placing agency or Depart ment of Human Resources, as applicable) or its authorized agents, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal pro ceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Re sources or the child-placing agency is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department or agency in the conduct of its investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of child-placing agency or Depart ment of Human Resources, as applicable) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this_________ day of--------------------, ------ _________ (SEAL) (Biological father)

Unofficial witness
Notary public (c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsec
tion (e) of Code Section 19-8-5 shall conform substantially to the following form: SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN;
This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.

I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.

MONDAY, JANUARY 29, 1990

399

I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby sur render the child to (insert name of each person to whom surrender is made), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accor dance with Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of each person to whom surrender is made) in thus providing for the child, I do relin quish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.
It is also my wish, intent, and purpose that if each such person is not named as peti tioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, then I do hereby surrender the child to the Department of Human Resources for placement for adoption; and the Department of Human Resources may peti tion the superior court for custody of the child in accordance with the terms of this surrender.
Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceed ings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Re sources is required to conduct an investigation and render a report to the court in connec tion with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department in the conduct of its investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this --------------------day of --------------------, ------ _________ (SEAL) (Parent or guardian)

Unofficial witness
Notary public
(d) The surrender of rights by a biological father who is not the legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-5 shall conform substan tially to the following form:
SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION
NOTICE TO BIOLOGICAL FATHER:
This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.

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I, the undersigned, biological father of a (male) (female) child, born (insert name of child) to (insert name of mother) on (insert birthdate of child), being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, do hereby surrender the child to (insert name of each person to whom surrender is made), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child.
It is also my wish, intent, and purpose that if each such person is not named as peti tioner in a petition for adoption filed as provided for above within the 60 day period, other than for excusable neglect, then I do hereby surrender the child to the Department of Human Resources for placement for adoption; and the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender.
Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other person as may be chosen by the Department of Human Re sources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Re sources is required to conduct an investigation and render a report to the court in connec tion with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the department in the conduct of its investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this-------------------- day of------------------, ----. _________ (SEAL) (Biological father)
Unofficial witness
Notary public

MONDAY, JANUARY 29, 1990

401

(e) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsec tion (e) of Code Section 19-8-6 or 19-8-7 shall conform substantially to the following form:
SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:
This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.

I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby sur render the child to (insert name of each person to whom surrender is made) and promise not to inferfere in the management of the child in any respect whatever; and, in considera tion of the benefits guaranteed by (insert name of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.
Furthermore, I hereby agree that (insert name of each person to whom surrender is made) may initiate legal proceedings for the legal adoption of the child without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Re sources may be required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the department in the conduct of its investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecu tively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this------------------ day of ------------------,---- _________ (SEAL) (Parent or guardian)

Unofficial witness
Notary public (f) The surrender of rights by a biological father who is not the legal father of the child

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pursuant to paragraph (2) of subsection (e) of Code Section 19-8-6 or 19-8-7 shall conform substantially to the following form:
SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO BIOLOGICAL FATHER:
This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.

I, the undersigned, biological father of a (male) (female) child, born (insert name of child) to (insert name of mother) on (insert birthday of child), being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, do hereby surrender the child to (insert name of each person to whom surrender is made), and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child.
Furthermore, I hereby agree that (insert name of each person to whom surrender is made) may initiate legal proceedings for the legal adoption of the child, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Re sources may be required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the department in the conduct of its investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to (insert name and address of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecu tively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this__________day of------------------, ----. _________ (SEAL) (Biological father)

Unofficial witness Notary public

MONDAY, JANUARY 29, 1990

403

(g) The acknowledgement of surrender of rights pursuant to subsection (f) of Code Sec tion 19-8-4, 19-8-5, 19-8-6, or 19-8-7, shall conform substantially to the following form:
ACKNOWLEDGMENT OF SURRENDER
OR RIGHTS
By execution of this paragraph, the undersigned expressly acknowledges:
(A) That I have read the accompanying SURRENDER OF RIGHTS/FINAL RE LEASE FOR ADOPTION relating to said minor child born (insert name of child), a (male) (female) on (insert birthday of child);
(B) That I understand that this is a full, final, and complete surrender, release, and termination of all of my rights to the child;
(C) That I have the unconditional right to revoke the surrender by giving written no tice, delivered in person or mailed by registered mail, to (insert name and address of each person or entity to whom surrender is made) not later than ten days from the date of the surrender and that after such ten-day period I have no right to revoke the surrender;
(D) That the ten days shall be counted consecutively beginning with the day immedi ately following the date the surrender is executed, however, if the tenth day falls on a Satur day, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday.
(E) That I have read the accompanying surrender and received a copy thereof;
(F) That any and all questions regarding the effect of said surrender and its provisions have been satisfactorily explained to me;
(G) That I have been afforded an opportunity to consult with counsel of my choice prior to execution of the surrender; and
(H) That the surrender of my rights has been knowingly, intentionally, freely, and vol untarily made by me.
Witness my hand and seal this-------------------- day of --------------------, ------ _________(SEAL)
(Parent, guardian, or biological father)
Unofficial witness
Notary public
(h) The affidavit of a legal mother required by subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall meet the following requirements:
(1) The affidavit shall set forth:
(A) Her name;
(B) Her relationship to the child;
(C) Her age;
(D) Her marital status;
(E) The identity and last known address of any spouse or former spouse;
(F) The identity, last known address, and relationship of the biological father to her child, provided that the mother shall have the right not to disclose the name and address of the biological father of her child should she so desire;
(G) Whether or not the biological father of the child has lived with the child, contrib uted to its support, provided for the mother's support (including medical care) during her

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pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and
(H) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the place ment or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grand mother need not be detailed and instead the mother need only state the nature of the assis tance received; and
(2) The affidavit shall conform substantially to the following form:
MOTHER'S AFFIDAVIT
NOTICE TO MOTHER:
This is an important legal document which deals with your child's right to have its father's rights properly determined. You have the right not to disclose the name and ad dress of the biological father of your child; however, should you decline to provide such information, understand that you may be required to appear in court to explain your refusal or that your name may be used in connection with the publication of notice to the biological father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adop tion of your child.
STATE OF GEORGIA
COUNTY OF_________
Personally appeared before me, the undersigned officer duly authorized to administer oaths, _________, who, after having been sworn, deposes and says as follows:
That my name is__________
That I am the mother of a (male) (female) child born (insert name of child) in the State of_________, County of _________ on (insert birthdate of child).
That I am ------------------ years of age, having been born in the State of ------------------, County of ------------------ on _________
That my martial status is (check the status and complete the appropriate information):
( ) Single, never having been married.
( ) Separated but not legally divorced; the name of my spouses is_________; his last known address is ------------------; we were married in the State of ------------------, County of_________ on _________; we have been separated since _________; we last had sexual relations on___________
( ) Divorced; the name of my previous spouse is __________; we were married in the State of_________, County of _________ on __________; his last known address is ------------------; divorce granted in the State of --------------------, County of
( ) Legally married; the name of my spouse is__________; we were married in the State of_________, County of _________ on __________; and his last known address is ____________
( ) Married through common-law marriage relationship; the name of my spouse is _; his address is _________; the date and place our relationship began
is (insert date, county, state).
( ) Widowed; the name of my deceased spouse is __________; we were married in the State of _________, County of ------------------ on --------------------; and he died on ------------------ in the County of ------------------, State of --------------------.

MONDAY, JANUARY 29, 1990

405

That the name and last known address of the biological father of my child is (complete appropriate response):
Known to me and is (insert name and last known address);
Known to me but I expressly decline to identify him or provide his address because ------------------------------];or
Unknown to me because (explain in detail)

That the child's biological father, whether or not identified herein (strike each inappro priate phrase):
(Was) (Was not) married to me at the time the child was conceived or was born, and his paternity (has) (has not) been disproved by a final paternity order of a court;
(Did) (Did not) marry me after the child was born and recognize the child as his own, and his paternity (has) (has not) been disproved by a final paternity order of a court;
(Has) (Has not) been determined to be the child's father by a final paternity order of a court; and
(Has) (Has not) legitimated the child by a final court order.
That the biological father of my child (strike the inappropriate phrase):
(Has) (Has not) lived with the child;
(Has) (Has not) contributed to its support;
(Has) (Has not) provided for my support (including medical care) during my pregnancy or hospitalization for the birth of the child; and
(Has) (Has not) made any attempt to legitimate the child.
That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of my child, and its placement for adoption:--------------------
That I recognize that if I knowingly and willfully make a false statement in this affida vit, I will be guilty of the crime of false swearing--------------------
(Mother)
Sworn to and subscribed before me this_________day of_________, ___ _________Notary public
(i) The affidavit of an adoptive mother required by subsection (a) of Code Section 19-89 for the surrender of her rights shall meet the following requirements:
(1) The affidavit shall set forth:
(A) Her name;
(B) Her relationship to the child;
(C) Her age;
(D) Her marital status;
(E) The name and last known address of any spouse at the time the child was adopted and whether any such spouse also adopted the child or was the biological father of the child;
(F) The circumstances surrounding her adoption of her child, including the date the adoption was finalized, the state and county where finalized, and the name and address of the adoption agency, if any; and

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(G) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with the placement or arranging for the placement of her child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the adoptive mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be de tailed and instead the adoptive mother need only state the nature of the assistance received.
(2) The affidavit shall be in substantially the following form:
ADOPTIVE MOTHER'S AFFIDAVIT
NOTICE TO MOTHER:
This is an important legal document which deals with your child's right to have its legal father's rights properly terminated. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child.
STATE OF GEORGIA
COUNTY OF_________
Personally appeared before me, the undersigned officer duly authorized to administer oaths, _________, who, after having been sworn, deposes and says as follows:
That my name is_
That I am the adoptive mother of a (male) (female) child born (insert name of child) in the State of_________, County of_________ on (insert birthdate of child).
That I am _________ years of age, having been born in the State of _________, County of _________ on __________
That my marital status is (check the status and complete the appropriate information):
( ) Single, never having been married.
( ) Separated but not legally divorced; the name of my spouse is --------------------; his last known address is_________; we were married in the State of------------------, County of _________ on _________; we have been separated since ------------------; my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.
( ) Divorced; the name of my previous spouse is --------------------; we were married in the State of ------------------, County of ------------------ on ------------------; his last known address is _________; divorce granted in the State of------------------, County of _________ on _________; my previous spouse (did) (did not) also adopt said child; my previous spouse (is) (is not) the biological father of said child.
( ) Legally married; the name of my spouse is ------------------; we were married in the State of _________, County of _________ on __________; his last known address is _________; my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.
( ) Married through common-law marriage relationship; the name of my spouse if_________; his address is _________; the date and place our relationship began is (date, county, state); my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.
( ) Widowed; the name of my deceased spouse is __________; we were married in the State of _________, County of _________ on ------------------; he died on _________ in the County of _________, State of --------------------; he (did) (did not) also adopt said child; and he (was) (was not) the biological father of said child.
That I adopted my child in the State of __________, County of ------------------;
That the final order of adoption was entered on--------------------;

MONDAY, JANUARY 29, 1990

407

That there (was) (was not) an adoption agency involved in the placement of my child with me for adoption; and if so its name was--------------------, and its address is

That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my child's placement for adoption:__________
That I recognize that if I knowingly and willfully make a false statement in this affida vit, I will be guilty of the crime of false swearing.

Sworn to and subscribed before me this_________day of _________, __.

(Adoptive mother)

Notary public
(j) The affidavit of an agency or department representative required by subsection (h) of Code Section 19-8-4 shall conform substantially to the following form:
AFFIDAVIT OF AGENCY OR
DEPARTMENT REPRESENTATIVE
Personally appeared before me, the undersigned officer duly authorized to administer oaths,_________, who, after having been sworn, deposes and says as follows:
That I am (position) of (department or agency).
That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by_________, releasing and surrendering all of (his) (her) rights in a (male) (female) minor child born (insert name of child) on (insert birthdate of child), I reviewed with and explained to said individual all of the provisions of the surren der, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child.
That based on my review and explanation to said individual, it is my opinion that said individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.

(Agency representative) Sworn to and subscribed before me this_________day of_________, __.

Notary public
(k) The affidavit of a petitioner's representative required by subsection (h) of Code Section 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:
AFFIDAVIT OF PETITIONER'S REPRESENTATIVE
Personally appeared before me, the undersigned officer duly authorized to administer oaths, ------------------, who, after having been sworn, deposes and says as follows:
That my name is_________,
That my address is_
That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by _________, releasing and surrendering all of (his) (her) rights in a (male) (female) minor child born (insert name of child) on (insert birthdate of child), I reviewed with and explained to said individual all of the provisions of the surren der, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child.

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That based on my review and explanation to said individual, it is my opinion that said individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.

Sworn to and subscribed before me this _________ day of ------------------, ----.

(Petitioner's representative)

Notary public
(1) The parental consent to a stepparent adoption required by subsection (j) of Code Section 19-8-6 shall conform substantially to the following form:
PARENTAL CONSENT TO STEPPARENT ADOPTION
I, the undersigned, hereby consent that my spouse (insert name of spouse) adopt my (son) (daughter), (inset name of child), whose date of birth is __________, and in so doing I in no way relinquish or surrender my parental rights to the child.
I further acknowledge service of a copy of the petition for adoption of the child as filed on behalf of my spouse, and I hereby consent to the granting of the prayers of the petition. I also waive all other and further service and notice of any kind and nature in connection with the proceedings.
This_________ day of __________, ___
(Parent)

Unofficial witness

Notary public
Section 6. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (d) of Code Section 33-24-22, relating to health insurance coverage for newly born or adopted children, and inserting in its place a new subsection to read as follows:
"(d) This Code section shall not apply to persons adopted as adults pursuant to the provisions of Code Section 19-8-21, relating to the adoption of adult persons."
Section 7. This Act shall become effective on July 1, 1990.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker

Bowen Brannon Broun Burton

Clay Coleman Collins Dawkins

MONDAY, JANUARY 29, 1990

409

Deal Dean Echols Edge Egan Fincher Foster Fuller Garner Hammill Howard

Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Tate Turner Tysinger Walker

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Barnes English Engram Gillis

Harris Kennedy (presiding) Land Pollard

Ray Stumbaugh Taylor Timmons

On the passage of the bill, the yeas were 43, nays 1.

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

SB 445. 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, and Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law.

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 Culver Kidd

State Senator

FROM:

G. W. Hogan, State Auditor

DATE:

January 10, 1990

SUBJECT: Senate Bill 445 (LC 10 8658) Judges of Probate Courts Retirement Fund

This bill would repeal requirements that a judge of the probate court satisfactorily com plete certain annual training requirements to be eligible to claim service used to determine retirement benefits.

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

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State Auditor
The Senate Committee on Governmental Operations offered the following substitute to SB 445:
A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to change certain provisions relating to initial training and continued annual training for persons who serve as judges of the probate courts; to provide for the admonition of judges of the probate court who fail to complete certain training requirements; to provide for the reprimand of judges of the probate court who fail to complete certain training requirements within a spec ified time; to provide procedures; to provide for hearings before the Supreme Court; to pro vide for certain certificates to be filed with the Executive Probate Judges Council of Geor gia; to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, is amended by striking in its en tirety Code Section 15-9-1.1, relating to required training courses for judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-1.1 to read as follows:
"15-9-1.1. (a) Any person who is or was elected, appointed, or made a judge of the probate court by operation of law on or prior to January 1, 1990, shall satisfactorily com plete the required initial training course in the performance of his duties conducted by the Institute of Continuing Judicial Education of Georgia and shall file a certificate of such training issued by such institute with the Executive Probate Judges Council of Georgia on or before December 31, 1990, in order to become a certified judge of the probate court. The time and place of such training course and number of hours shall be determined by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Edu cation of Georgia.
(b) Any person who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1990, and who does not satisfactorily complete the initial training course prescribed by the Executive Probate Judges Council of Georgia and the In stitute of Continuing Judicial Education of Georgia or who does not file a certificate of such training issued by the Institute of Continuing Judicial Education of Georgia with the Execu tive Probate Judges Council of Georgia within one year after taking office as a judge of the probate court shall become a certified judge of the probate court upon completion of such requirements at any later time.
(c) Each judge of the probate court shall be required to complete additional training prescribed by the Executive Probate Judges Council of Georgia and the Institute of Contin uing Judicial Education of Georgia during each year he serves as a judge of the probate court after the initial year of training and shall file a certificate of such additional training issued by the Institute of Continuing Judicial Education of Georgia with the Executive Pro bate Judges Council of Georgia.
(d) (1) Any judge who fails to earn the required cumulative annual minimal credit hours of training during any two-year period may be given a six-month administrative extension by the Executive Probate Judges Council of Georgia during which to fulfill this requirement. Upon failure to earn the required hours within the extension period, a private admonition shall issue from the Executive Probate Judges Council of Georgia with a copy of such admo nition going to the Chief Justice of the Supreme Court.

MONDAY, JANUARY 29, 1990

411

(2) Upon the failure of a judge to fulfill the training requirements during any three-year period, the Executive Probate Judges Council of Georgia shall notify such judge of probate court of the failure to meet the training requirements and conduct a show cause hearing. At the hearing, the council shall determine whether a reasonable excuse exists for the judge's failure. If the council determines the excuse was reasonable, it may grant an extension of up to six months within which all unfulfilled mandatory training hours, together with current requirements, must be met. If the council finds that there was no reasonable excuse for such failure, it shall issue a reprimand and send it to the Supreme Court for approval. Oral argu ments may be heard under the rules of the Supreme Court. If the reprimand is approved by the Supreme Court, the reprimand shall be made public through posting at the courthouse in the county where the judge presides and publishing such reprimand once a week for a period of four consecutive weeks in the legal organ of the county.
(e) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge or probate judge elect taking the training; but he shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, if such funds are not availa ble, each probate judge or probate judge elect shall be reimbursed from county funds by action of the county governing authority."
Section 2. Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking and repealing in its entirety subsection (c), which reads as follows:
"(c) Notwithstanding any other provisions of law, a judge of the probate court may not include service for eligibility purposes for years in which the judge has not completed the training requirements set out in Code Section 15-9-1.1."
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:

Albert Allgood Baldwin Barker
Bowen
Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan Fincher Foster Fuller
Garner
oward Huggms Johnson Kidd Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Ragan of I0th
Ragan of 32nd
SSccootttt ooff 36th ,, ,, arr , , Stumbaugh Tate Timmons Turner Tysinger Walker

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Those not voting were Senators:

Barnes Brannon English Engram

Gillis Harris Kennedy (presiding) Land

Pollard Ray Shumake Taylor

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

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

SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide vision standards with respect to persons who utilize bioptic telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes.

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 Bwen rannon
oBP.urutonn Coleman Collins Dawkins Deal Echols Edge

Egan Foster Fuller
Garner Hammill Howard
JTK^o-ihd_nudson Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips
Ragan of 10th Ragan of 32nd Scott of 2nd
SoSihc_outmt aokife36th Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Barnes Eneganlish Engram Fincher

Gillis Harris. Muggins Kennedy (presiding)

Pollard Ray Taylor Walker

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

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 1:03 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, JANUARY 30, 1990

413

Senate Chamber, Atlanta, Georgia Tuesday, January 30, 1990 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House and Senate:
HB 1485. By Representative Greene of the 130th: A bill to provide that the governing authority of Stewart County shall continue to be the commissioner of Stewart County; to provide for elections and terms of that commissioner.
HB 1489. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Aiken of the 21st, Clark of the 20th and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to authorize the appointment of a second judge.
HB 1491. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd, Steele of the 97th and others: A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to change the compensation of the judge, the clerk, and the marshal of the municipal court.
HB 1494. By Representative Greene of the 130th: A bill to create a board of elections and registration for Stewart County and provide for the composition of the board and the appointment, qualification, and the term of its members.
HB 1506. By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st, Isakson of the 21st, Ehrhart of the 20th and others: A bill to create the Cobb County Private Sector Survey Committee on Cost Con trol in County Government.
HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd: A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.

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HB 1375. By Representatives Poston of the 2nd, Thomas of the 69th, Chambless of the 133rd and Holland of the 136th:
A bill to amend Code Section 40-6-392 of the Official Code of Georgia Annotated, relating to chemical tests for alcohol or drugs, so as to provide for the introduc tion into evidence of findings of certain hearings.
HB 1282. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article.
HB 1094. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the definition of certain terms; to regulate interdepartmental transfers; to authorize depart ments to require working test periods for certain employees subject to an inter departmental transfer.
HB 1246. By Representatives Birdsong of the 104th and Barnett of the 10th:
A bill to amend Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or es corting funeral processions, so as to delete the provisions of said Code section; to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to provide for immunity of liability for law enforce ment officers directing or escorting funeral processions.
HB 1201. By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd, Holland of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 35-4-4 of the Official Code of Georgia Annotated, relating to the powers of the Board of Public Safety relative to the establish ment, operation, and maintenance of the Georgia Police Academy, so as to au thorize the establishment, operation, and maintenance of a program for the training of dogs and police officer dog handlers to aid in law enforcement and public safety.
SB 363. By Senators Tate of the 38th and Langford of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide funds for constructing, operating, and staffing city jails, city correctional institu tions, and city detention facilities.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 466. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on certain loans made to farmers and to authorize the appropriation of funds for the purposes of such emerging crops fund.

TUESDAY, JANUARY 30, 1990

415

HR 586. By Representative Royal of the 144th: A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.
HR 587. By Representative Royal of the 144th: A resolution authorizing the conveyance of certain state owned real property lo cated in Mitchell County, Georgia.
HR 580. By Representative Sinkfield of the 37th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia.
HR 638. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th: A resolution ratifying certain minimum standards and procedures of the Depart ment of Community Affairs.
The House has agreed to the Senate substitute to the following bill of the House:
HB 883. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Wall of the 61st and Mobley of the 64th: A bill to amend an Act providing for a Gwinnett County Board of Registrations and Elections, so as to change certain provisions relating to the appointment of certain members.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 638. By Senator Kidd of the 25th: 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 that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery against an employee or resident of such center, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction.
Referred to Committee on Children and Youth.
SB 639. By Senator Kidd of the 25th: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing.
Referred to Committee on Governmental Operations.
SB 640. By Senator Fuller of the 52nd: A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, so as to re peal certain provisions prohibiting district attorneys emeritus from practicing law.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE

SB 641. By Senators Garner of the 30th and Broun of the 46th:
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 clarify the authority of peace officers employed by universities, colleges, schools, railroads, public agen cies, and public authorities, as well as officers of the state and political subdivi sions, to apply for search warrants. Referred to Committee on Special Judiciary.
SB 642. By Senator Starr of the 44th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, so as to provide that driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be a felony. Referred to Committee on Judiciary.
SB 643. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for toxics use reduction and waste reduction; to provide for a short title; to provide for legislative findings; to pro vide for definitions; to create the Office of Pollution Prevention; to establish the Pollution Prevention Board; to provide for the appointment of a director of the board. Referred to Committee on Natural Resources.
SB 644. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to create a Waste Reduction Assistance Ser vice at an institution within the University System of Georgia; to provide for the functions, duties, and powers of the service; to provide for licenses and fees; to provide for severability and construction; to provide for related matters; to pro vide an effective date. Referred to Committee on Higher Education.
SB 645. By Senator Peevy of the 48th:
A bill to provide a homestead exemption from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for residents of the City of Buford who are 65 years of age or over or who are disabled and whose income does not exceed $25,000.00; to provide an exception with respect to land in excess of one acre. Referred to Committee on Urban and County Affairs.
SB 646. By Senator Johnson of the 47th:
A bill to amend an Act creating a new charter for the City of Hartwell, as amended, so as to change certain provisions relating to the expiration of a certain term of municipal office; to provide for the authority for this Act. Referred to Committee of Urban and County Affairs.
SB 647. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ellaville; to provide for incorpora tion, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling va-

TUESDAY, JANUARY 30, 1990

417

cancies, compensation, qualifications, prohibitions, and removal from office rela tive to members of such governing authority.
Referred to Committee on Urban and County Affairs.
SB 648. By Senator Scott of the 2nd:
A bill to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities, so as to provide for the regulation of service call scheduling by cable television companies and by provid ers of electrical, gas, or telephone service; to provide for civil actions and dam ages; to provide for defenses; to provide for all procedures with respect to the foregoing.
Referred to Committee on Public Utilities.
SB 649. By Senator Scott of the 2nd:
A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to mortgages, conveyances to secure debt, and liens, so as to provide for the payment of interest on certain escrow accounts established in connection with conveyances of residential real property; to define certain terms; to provide for the computation of interest; to provide exceptions. Referred to Committee on Consumer Affairs.
SB 650. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to provide for conditions with respect to the imposition of certain special assessments; to prohibit certain in creases regarding monthly maintenance fees; to provide for the holding of associ ation meetings upon written request of certain unit owners.
Referred to Committee on Consumer Affairs.
SB 651. By Senator Dawkins of the 45th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for defini tions.
Referred to Committee on Governmental Operations.
SB 652. By Senator Dawkins of the 45th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Authority Act," so as to provide for additional members of such authority; to provide for appointment, qualifications, quorums, and terms of office; to provide that the promotion of certain waste minimization shall be a purpose of such authority; to provide for an effective date.
Referred to Committee on Governmental Operations.
SR 380. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1990, as "Motorcycle Awareness and You Month" in Georgia. Referred to Committee on Rules.

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JOURNAL OF THE SENATE

SR 384. By Senators Tate of the 38th, Foster of the 50th and Ray of the 19th:
A resolution creating the Senate Study Committee on Minority Educators in the Public Schools.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1094. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the definition of certain terms; to regulate interdepartmental transfers; to authorize depart ments to require working test periods for certain employees subject to an inter departmental transfer.
Referred to Committee on Governmental Operations.
HB 1201. By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd and others:
A bill to amend Code Section 35-4-4 of the Official Code of Georgia Annotated, relating to the powers of the Board of Public Safety relative to the establish ment, operation, and maintenance of the Georgia Police Academy, so as to au thorize the establishment, operation, and maintenance of a program for the training of dogs and police officer dog handlers to aid in law enforcement and public safety.
Referred to Committee on Governmental Operations.
HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th and others:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.
Referred to Committee on Judiciary.
HB 1246. By Representatives Birdsong of the 104th and Barnett of the 10th:
A bill to amend Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or es corting funeral processions, so as to delete the provisions of said Code section; to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to provide for immunity of liability for law enforce ment officers directing or escorting funeral processions.
Referred to Committee on Public Safety.
HB 1282. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article.
Referred to Committee on Industry and Labor.

TUESDAY, JANUARY 30, 1990

419

HB 1375. By Representatives Poston of the 2nd, Thomas of the 69th, Chambless of the 133rd and Holland of the 136th:
A bill to amend Code Section 40-6-392 of the Official Code of Georgia Annotated, relating to chemical tests for alcohol or drugs, so as to provide for the introduc tion into evidence of findings of certain hearings. Referred to Committee on Judiciary.
HR 466. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on certain loans made to farmers and to authorize the appropriation of funds for the purposes of such emerging crops fund. Referred to Committee on Agriculture.
HR 580. By Representative Sinkfield of the 37th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia. Referred to Committee on Public Utilities.
HR 586. By Representative Royal of the 144th: A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.
Referred to Committee on Public Utilities.
HR 587. By Representative Royal of the 144th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Mitchell County, Georgia. Referred to Committee on Public Utilities.
HR 638. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Community Affairs. Referred to Committee on Public Utilities.
HB 1485. By Representative Greene of the 130th:
A bill to provide that the governing authority of Stewart County shall continue to be the commissioner of Stewart County; to provide for elections and terms of that commissioner. Referred to Committee on Urban and County Affairs.
HB 1489. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to authorize the appointment of a second judge.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1491. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to change the compensation of the judge, the clerk, and the marshal of the municipal court.
Referred to Committee on Urban and County Affairs.

HB 1494. By Representative Greene of the 130th:
A bill to create a board of elections and registration for Stewart County and provide for the composition of the board and the appointment, qualification, and the term of its members.
Referred to Committee on Urban and County Affairs.

HB 1506. By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st and others:
A bill to create the Cobb County Private Sector Survey Committee on Cost Con trol in County Government.
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 Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 556. Do Pass.
Respectfully Submitted.
Senator Foster of the 50th District, Chairman

Mr. President:

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

SB 592. Do pass.

SB 613. Do pass.

SB 593. Do pass.

SB 617. Do pass.

SB 594. Do pass.

SB 620. Do pass.

SB 595. Do pass.

SR 283. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 580. Do pass by substitute.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

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421

The following communication from Senator Howard of the 42nd, Chairman of the Sen ate Committee on Human Resources, was read by the Secretary:
The State Senate Atlanta, Georgia 30334
January 29, 1990
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State of Georgia State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
I will be unable to attend the meeting of the Senate Human Resources Committee scheduled for today at 3:00 p.m. in room 450 CAP.
I hereby authorize the Vice Chairman, Senator Tommy Olmstead, to conduct the Human Resources Committee meeting and to take up the following bills: SB 538, SB 573, SB 552, SB 560, SB 572 and SB 526.
Sincerely, /s/ Pierre Howard,
Chairman, Senate Human Resources Committee
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 538. Do pass. SB 552. Do pass. SB 560. Do pass.

SB 572. Do pass. SB 573. Do pass.
Respectfully submitted, Senator Olmstead of the 26th District, Vice Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 519. Do pass by substitute.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

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

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SB 608. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Public Safety 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 579. Do pass.

HB 1186. Do pass.

HB 1180. Do pass.

HB 1295. Do pass.

Respectfully submitted,

Senator Bowen of the 13th 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 614. Do pass. HB 1302. Do pass. HB 1371. 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:

SB 391. By Senator Brannon of the 51st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.

SB 540. By Senator Phillips of the 9th:
A bill to amend Code Section 7-1-650 of the Official Code of Georgia Annotated, relating to the powers of a credit union, so as to authorize the investment of certain funds of credit unions by the buying or selling of loan participations through certain financial institutions.

SB 601. By Senators Turner of the 8th, McKenzie of the 14th, Kennedy of the 4th and Phillips of the 9th:
A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust compa nies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with re spect to certain business activities; to revise provisions relative to entities which may lawfully act as corporate fiduciaries.

SB 615. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, so as to define

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a certain term; to provide an editorial change; to further define the offense of financial transaction card fraud; to provide for penalties.

SR 335. By Senator Kennedy of the 4th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Tattnall County, Georgia; to provide an effective date.

SR 336. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in McDuffie County, Georgia; to provide an effective date.

HB 1406. By Representatives Beck of the 148th, Pinkston of the 100th, Padgett of the 86th and Connell of the 87th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to revise the provisions rela tive to the interest, finance charges, and other fees and charges which may be imposed and collected by a domestic lender or credit card bank; to provide that certain charges and fees shall be deemed to be interest for the purposes of cer tain state and federal laws.

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

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan

English Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Langford Newbill Olmstead Parker

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

Those not answering were Senators:

Baldwin Coleman Engram

Howard Land McKenzie

Scott of 36th Walker

Senator Tysinger of the 41st introduced the chaplain of the day, Dr. Jack Heinsohn, pastor of Doraville Associate Reformed Presbyterian Church, Doraville, Georgia, who of fered scripture reading and prayer.

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The following resolution of the Senate was read and adopted:

SR. 385. By Senator Kennedy of the 4th:
A resolution relative to the 1990 Atlanta opening of the Ringling Bros, and Barnum & Bailey Circus.

Senator Tysinger of the 41st introduced the doctor of the day, Dr. Beverly Douglas, of Atlanta, Georgia.

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
Tuesday, January 30, 1990 FOURTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 614 Foster, 50th Lumpkin County City of Dahlonega
Changes the provisions relating to the time of elections, taking of office, and terms of office of the mayor and councilmen.

HB 1302 Clay, 37th Cobb County City of Kennesaw
Changes the provisions relating to the election of the mayor and councilmen.

HB 1371 Foster, 50th Stephens County
Changes the provisions relating to the composition of Education District 2 in order to conform with an order of the Probate Court of Stephens County.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal

Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris Howard

Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard

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425

Ragan of 10th Ragan of 32nd Ray Scott of 36th

Stumbaugh Tate Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Coleman Engram (Excused)

McKenzie Scott of 2nd

Shumake Starr

On the passage of all the local bills, the yeas were 50, nays 0.

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

Senator Harris of the 27th moved that Senator Engram of the 34th be excused on all roll calls in the Senate today due to illness.

On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Engram was excused on all roll calls in the Senate today.

Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Senate Committee on Higher Education and committed to the Senate Committee on Education:

SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and Kennedy of the 4th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 623 was with drawn from the Senate Committee on Higher Education and committed to the Senate Com mittee on Education.

Senator Tysinger of the 41st introduced the 1989 Marist School football team who were commended by SR 378, adopted previously.

Senator Kennedy of the 4th introduced the Georgia Southern College Eagles football coach, Erk Russell, who, having been commended by SR 371, adopted previously, briefly addressed the Senate.

Senator Kennedy of the 4th introduced the 1989 Georgia Southern Eagles varsity foot ball team who were commended by SR 372, adopted previously.

SENATE CALENDAR
Tuesday, January 30, 1990
FOURTEENTH LEGISLATIVE DAY
SB 449 Probate Court Judge--filling vacancy in office (Gov Op--25th) SB 457 Works of Fine Art--transfer of rights of reproduction (Gov Op--23rd) SB 464 Workers' Compensation--filing of insurance rates and updating rates (Substi
tute) (I&L--45th)

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SB 472 Contempt--change provisions on attachment for contempt (Gov Op--25th)
SB 483 Whitfield County--vehicle registration periods (U&CA G--54th)
SB 489 Downtown Development Authorities Directors--qualifications (Amendment) (U&CA G--50th)
SB 494 Water--prohibit denial because of former owner arrears (Amendment) (U&CA G--39th)
SB 512 License to Carry Weapon--exclude person with drug conviction (Amendment) (S Judy--45th)
SB 555 Public Employees--breaks during eight--hour day (Gov Op--25th)
SB 565 Nonresident Contractor--bringing action for contract payment (I&L--47th)
SB 566 Bingo License--certain applicants not fingerprinted (Gov Op--40th)
SB 567 Elderly, Handicapped Transportation--Department of Human Resources funds to assist (Trans--1st)
SB 597 Georgia Education Trust Act--create (H Ed--50th)
SR 330 Community Affairs Department--ratifying certain minimum standards (U&CA G--14th)
SR 332 Regional Development Centers Established by Community Affairs--funding formula (U&CA G--14th)
HB 1247 Certain County Courthouses--voter approval for demolition (Gov Op--18th)
HB 1195 Fair Access to Insurance Requirements--extend operation time of chapter (Ins--39th)
SB 336 Evidence--revise Title 24 (Substitute) (Judy--49th)
SB 523 Certain Private Corporations--insurance for employees without consent (Ins--47th)
SB 542 Alcoholic Beverage Sale on Premises--when New Year's Eve on Sunday (C Aif--25th)
SB 570 Carnival Ride Safety--post sign stating age, weight, height requirements (C Aff-- 2nd)
SB 575 Farm Animal and Research Facilities Protection Act--provide (Substitute) (Ag--21st)
SR 155 Metropolitan Youth Development Center--directing to close (Substitute) (C & Y -- 49th)
SR 327 Solid Waste Recycling or Facilities--general obligation debts (B&F--14th)
SR 342 Ethanol Blended Motor Fuel Federal Excise Tax--support extension (Ag--10th)
SB 525 Merit System Employee--converting sick leave (Gov Op--25th)
SB 553 Medical Malpractice--arbitration, certain obstetrical claims (Substitute) (Amendments) (Hum R--49th)
The following general bill of the Senate, having been read the third time on January 29 and postponed until January 30, was put upon its passage:
SB 553. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical malpractice claims in volving obstetrics, anesthesiology, pediatrics, and neonatology; to provide for leg islative findings; to provide for definitions.

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The Senate Committee on Human Resources offered the following substitute to SB 553:
A BILL
To be entitled an Act to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical malpractice claims involving obstet rics, anesthesiology, pediatrics, and neonatology; to provide for legislative findings; to pro vide for definitions; to provide that arbitration shall be the sole and exclusive means of adjudicating certain medical claims filed on or after May 1, 1990; to provide for application to the court; to provide for venue; to provide for service of papers; to provide for scope of the court's consideration; to provide for petitions; to provide for certain conformity with certain civil practice procedures, limitations, and requirements; to provide for the appoint ment, duties, and compensation of a reporter; to provide for the selection and duties and authority of arbitrators; to provide for vacancies; to provide for hearings; to provide for certain rights or parties; to provide for findings by the arbitrators; to provide for awards if fault is determined; to provide for consideration of other sources to reduce the amount of certain awards; to provide for the apportionment of damages; to provide for changing such awards; to provide for confirmation of awards; to provide for copies of findings; to provide for effect and enforcement of findings; to provide for fees of the clerk; to provide for vaca tion of awards; to provide for modification of awards; to provide for applications, grounds, confirmation, rehearings, and appeals; to provide for effect of certain appeals; to provide for judgments on awards; to authorize certain appeals; to provide for procedures; to provide for payment of costs and arbitrators' fees and expenses; to provide for civil and criminal immu nity of arbitrators; to provide for other matters relative to the foregoing; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide for recovery of certain medical malpractice claims on or after May 1, 1990; 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 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, is amended by designating the existing Code sections of Article 2 as Part 1 and by striking Code Section 9-9-61, relating to medical malpractice arbitration, and inserting in lieu thereof a new Code Section 9-9-61 to read as follows:
"9-9-61. Except as specifically provided in Part 2 of this article, in addition to any other legal procedure for the resolution of medical malpractice claims, the parties to a medical malpractice claim may submit the claim for arbitration in accordance with this part."
Section 2. Said article is further amended by adding immediately following newly desig nated Part 1 a new Part 2 to read as follows:
"Part 2
9-9-100. The General Assembly finds and declares that:
(1) Medical Malpractice claims involving medical care given to a fetus, newborn child, stillborn child, pregnant woman, or postpartum woman involve complex issues of medical facts which are not optimally decided by juries for numerous reasons, one major reason of which is the extreme emotional reactions and feelings directed toward and surrounding the stillborn child, the ill, sick, or injured newborn child, pregnant woman, or postpartum woman;
(2) The number and size of awards in medical malpractice claims have increased signifi cantly in recent years, and the number and size of such awards in claims involving medical care given to a fetus, newborn child, stillborn child, pregnant woman, or postpartum woman have increased at a greater rate than other types of medical malpractice claims;
(3) These increases have driven up the cost of medical malpractice insurance generally

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but have drastically driven up the cost to those physicians involved in the medical care provided to a fetus, newborn child, stillborn child, pregnant woman, or postpartum woman;
(4) This disproportionate increase in the number of medical malpractice lawsuits and in the cost of medical malpractice insurance for those physicians involved in providing medical care to a fetus, newborn child, stillborn child, pregnant woman, or postpartum woman is causing many physicians not to enter these specialty fields, to leave rural areas, or to leave these specialties;
(5) The decisions made by health care providers based on highly technical and sophisti cated medical techniques, with respect to optional procedures of diagnosis and treatment of such patients have become increasingly complex and are necessarily made on the basis of professional judgment, on which opinions may and often will reasonably vary, and thereby demonstrates the uniqueness of health care providers;
(6) That the magnitude of this compelling social problem demands immediate remedial legislative action in the public interest. Therefore, it is a purpose of this part to improve and modify the system by which health care liability claims are determined in this state and that it is a proper constitutional exercise of the police powers of this state to enact this part to assist in the management of a crisis in health care delivery in Georgia;
(7) It is therefore necessary for the State of Georgia to address these unique and special problems and to formulate a solution to the dilemma facing those who are engaged in pro viding medical care to a fetus, newborn child, stillborn child, pregnant woman, or postpar tum woman in order to ensure that all citizens of the State of Georgia have reasonable and affordable access to this type of essential quality health care; and
(8) The findings of the General Assembly under this part include, without limitation, that a reasonable relationship exists between the provisions, goals, requirements, limita tions, and classifications of this part and the rational, legitimate state objectives of provid ing quality health care, assuring the availability of physicians to provide quality health care, preventing the curtailment of medical services, stabilizing insurance and medical costs, and providing for the safety, health, and welfare of the public as a whole.
9-9-101. As used in this part, the term:
(1) 'Actual obstetrical damages' means the general or special damages incurred or calcu lated to be incurred or claimed as a result of the death, injury, or illness or sickness with no consideration being given to any payments from collateral sources which may have been made to the claimant and shall not include damages for pain and suffering or punitive damages.
(2) 'Obstetrical medical malpractice claim' means any claim for damages resulting from the death, malformation of, defect in, injury to, or illness or sickness of any fetus, newborn child, stillborn child, pregnant woman, or postpartum woman arising out of;
(A) Health, medical, surgical service, diagnosis, prescription, treatment, or care involv ing obstetrical services, or anesthesiological services rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of a lawfully authorized person;
(B) Health, medical, surgical service, diagnosis, prescription, treatment, or care involv ing pediatric or neonatal services performed at the time of birth or at any time prior to the child being released from the hospital for the first time following birth which is rendered by a person authorized by law to perform such service or by any person acting under the super vision of a lawfully authorized person; or
(C) Obstetrical, anesthesiological, pediatric, or neonatal care or service rendered by any public or private hospital, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.
(3) 'Obstetrics' or 'obstetrical' means health, medical, or surgical service, diagnosis, pre scription, treatment, or care rendered to a fetus, newborn child, stillborn child, pregnant

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woman, or postpartum woman which is directly related to the pregnancy or delivery of the child.
9-9-102. (a) (1) Except as provided in paragraph (2) of this subsection, this part shall apply to all obstetrical medical malpractice claims filed on or after May 1, 1990, in which actual obstetrical damages claimed are equal to or exceed $100,000.00 and shall provide the sole and exclusive means for adjudicating such obstetrical medical malpractice claims on or after May 1, 1990.
(2) Until May 1, 1992, this part shall not apply to any obstetrical medical malpractice claim involving death or injury which occurred prior to May 1, 1990.
(b) Any obstetrical medical malpractice claim brought in any court of this state in which it is determined that the actual obstetrical damages are equal to or exceed $100,000.00 shall be dismissed with prejudice and the claimant shall then have 45 days in which to file a claim under this part. If the claimant fails to so file within such 45 day period, the claim shall be barred.
9-9-103. Except as provided in paragraph (2) of subsection (a) of Code Section 9-9-102, on and after May 1, 1990, all parties to an obstetrical medical malpractice claim shall sub mit the application for arbitration in accordance with this part.
9-9-104. (a) (1) Any application to the court under this part shall be made to the supe rior court of the county where venue lies. Subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
(2) All applications shall be by motion and shall be heard in the manner provided by law and rule of court for the making or hearing of motions, provided that the motion shall be filed in the same manner as a complaint in a civil action for medical malpractice.
(b) Venue for applications to the court shall lie in the county where the defendant resides or as otherwise provided by law.
(c) (1) The initial application to the court shall be served on the other parties in the same manner as a complaint under Chapter 11 of this title.
(2) All other papers required to be served by this part shall be served in the same manner as pleadings subsequent to the original complaint and other papers are served under Chapter 11 of this title.
(d) The initial application shall include an affidavit or affidavits which comply with the substantive and procedural requirements of Code Section 9-11-9.1, relating to affidavits and other medical malpractice claims.
(e) In determining any matters arising under this part, the court shall not pass upon the merits of the dispute nor shall it make any determination on whether the claim states a cause of action for which relief may be granted. The court may, however, rule on whether the application has been timely and properly filed pursuant to this part and on the suffi ciency of the affidavit required by subsection (d) of this Code section.
9-9-105. (a) In each obstetrical medical malpractice claim submitted pursuant to this part, the applicant shall file a petition in the superior court of the county where venue lies for an order authorizing the arbitration of the claim in accordance with this part and for the appointment of the arbitration panel for the arbitration. If the judge determines that the claim is a medical malpractice claim subject to this part, within 30 days of the filing of the petition for such order the judge shall issue an order authorizing the arbitration and the appointing of the arbitration panel. If, at the time the application for arbitration was filed,, the claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, the judge shall not issue an order authorizing the arbitration.
(b) All pleadings, petitions, and responses under this part shall conform to the proce dures, limitations, and requirements provided for in this title, except as otherwise provided in this part.

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9-9-106. The arbitration panel shall select a reporter to attend the proceedings of the obstetrical medical malpractice arbitration panel and to record exactly and truly the testi mony and proceedings in the case being arbitrated, except the arguments of counsel. All provisions relating to court reporter fees, compensation, contingent expenses, and travel al lowance, as well as those relating to the furnishing of transcripts and the style and form of transcripts, shall be the same for reporters appointed to attend the arbitration panel pro ceedings as those applicable to reporters of the superior court of the county in which the arbitration was authorized.
9-9-107. Every arbitration pursuant to this part shall be conducted by a panel of three arbitrators who shall be selected by random process by the administrator appointed by the Governor pursuant to Code Section 9-9-124. The panel shall consist of one attorney, one physician, and one private citizen and shall be drawn at random from a pool of 12 potential arbitrators. The pool of potential arbitrators shall be appointed by the Governor and shall consist of four attorneys, four physicians, and four private citizens. The attorneys shall be active members of the State Bar of Georgia and shall have been active in the practice of law for at least five years. The physicians shall be currently licensed by the Composite State Board of Medical Examiners and at the time of the appointment by the Governor shall have been active in the practice of medicine for at least five years. The private citizen shall have graduated from a four-year college or university.
9-9-108. If an arbitrator of a panel should decline to serve or cease to serve for any reason, the administrator shall choose another arbitrator of the same classification to fill such vacancy who shall have all the powers of the original arbitrator.
9-9-109. (a) Before hearing any testimony, the arbitrators shall be sworn by an officer authorized to administer oaths to hear and decide the controversy faithfully and fairly.
(b) Except as provided for in this subsection, this hearing shall be conducted in the county in which the petition was filed, unless all parties agree to a different location. The arbitrators shall select the time and exact location of the hearing. Upon application of any party, if the court finds that the time or location for the hearing appointed by the arbitra tors is unduly burdensome on any party, the court may stay the proceedings pending ap pointment of an alternative location for the hearing by the arbitrators. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(c) The parties are entitled to engage in all discovery as provided for in Article 5 of Chapter 11 of this title; to be heard; to present pleadings, documents, testimony, and other matters; to cross-examine witnesses; to join claims, remedies, and parties; and to present counterclaims, cross-claims, and third-party claims. The arbitrators may hear and deter mine the controversy upon the pleadings, documents, testimony, and other matters pro duced notwithstanding the failure of a party duly notified to appear. The panel of arbitra tors, in addition to the parties, shall have the authority to call and subpoena witnesses and expert witnesses to testify before the panel.
(d) A party has the right to be represented by an attorney at any proceeding or hearing under this part.
(e) (1) The hearing shall be conducted by all the arbitrators unless the parties otherwise agree; but a majority may render and change any order, as provided in this part. The attor ney member of the panel shall be the presiding officer of the panel and shall make all rul ings of law, in writing, as may be required during such arbitration. However, any member of the panel shall have the right to issue in writing any opinion which differs from any ruling or opinion issued by the panel.
(2) All motions and rulings on such shall be made and appealed from under the same procedures applicable to motions and rulings made in civil cases in the superior courts of this state.
(f) The arbitrators shall maintain a record of all pleadings, documents, testimony, and

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other matters introduced at the hearing. Any party to the proceeding may have the proceed ings transcribed by a court reporter.
(g) Except as provided in subsection (d) of this Code section, any requirement of this Code section may be waived by written consent of the parties or by continuing with the arbitration without objection.
(h) The arbitrators shall conduct the arbitration proceedings to ensure that their find ings will be rendered no later than nine months after the order authorizing the arbitration was issued; provided, however, that the panel may in the interests of justice extend this period of time for up to three additional months.
9-9-110. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil ac tions, provided that the court shall not enforce subpoenas in the event that it determines that the effect of the subpoenas would be unduly burdensome or oppressive to any party or person.
(b) Notice to produce books, writings, and other documents or tangible things; deposi tions; and other discovery may be used in the arbitration according to procedures set forth in Chapter 11 of this title.
(c) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts except that expert witnesses called by the arbitration panel shall be compen sated as provided by the panel.
9-9-111. All arbitration proceedings shall be closed proceedings unless and until a final decision by the panel is rendered. If the final decision includes a monetary award for the claimant, the transcript of the proceedings shall be open as are other court records. If the final decision does not include a monetary award for the claimant, the transcript shall be closed, except that the physician may make the final ruling of the panel a matter of public record.
9-9-112. The arbitrators shall make a written finding on each of the matters in contro versy contained in the submission. If the arbitrators shall fail to agree on any finding, then any two of them may make the finding, which shall have the same force and effect as if made by all.
9-9-113. (a) Upon consideration of applicable principles and provisions of law relating to torts as set forth in Title 51 and judicial decisions relating thereto, if the arbitrators find by a preponderance of the evidence that the negligent acts or omissions alleged in the claim were with reasonable medical certainty the proximate cause of death, malformation of, de fect in, injury to, or illness or sickness of the fetus, newborn child, stillborn child, pregnant woman, or postpartum woman and that such would not have occurred but for the acts or omissions alleged, the arbitrators may award damages. In any claim under this part, the prevailing professional standard of care is that degree of reasonable care, diligence, and skill, as established by medical testimony, ordinarily exercised by prudent and competent members of the same health care profession generally, with similar training, experience, and certification, using available resources, contemporaneous knowledge, under the same or sim ilar circumstances, at the time of the alleged act or omission, of the person professing to practice obstetrical surgery or administering obstetrical medicine for compensation. The award may include damages for pain and suffering and punitive damages. The award shall be in writing and signed by the arbitrators joining in the award. Such award may provide for a lump sum payment, periodic payments, or such other structured settlement as the panel determines. The arbitrators shall deliver a copy of the final order to each party personally or by registered or certified mail, return receipt requested. The award initially arrived at by the arbitrators may be reduced by all compensation, indemnity, insurance, disability bene fits, and other payments the claimant has or will receive as a result of the death, malforma tion of, defect in, injury to, or illness or sickness of the fetus, newborn child, stillborn child,

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pregnant woman, or postpartum woman. In addition, the award may be apportioned as pro vided in Code Section 51-12-33. Nothing in this part shall prohibit bringing a separate ac tion against a person who has been determined to be liable under a claim even though such person was not a party to such claim.
(b) This order shall be made within 30 days following the close of the hearing or within such time as the superior court orders. The parties may extend the time either before or after its expiration. A party waives the objection that an order was not made within the time required unless such party notifies the arbitrators of such party's objection prior to the delivery of the order to such party.
9-9-114. (a) Pursuant to the procedure described in subsection (b) of this Code section, the arbitrators may change the order upon the following grounds:
(1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the order;
(2) The arbitrators have ruled upon a matter not submitted to them and the order may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The order is imperfect in a matter of form, not affecting the merits of the controversy.
(b) (1) An application to the arbitrators for a change in the order shall be made by a party within 20 days after delivery of the order to the applicant. Written notice of this application shall be served upon the other parties.
(2) Objection to a change in the order by the arbitrators must be made in writing to the arbitrators within ten days of service of the application to change. Written notice of this objection shall be served upon the other parties.
(3) The arbitrators shall dispose of any application made under this Code section in a written, signed order within 30 days after service upon them of objection to change or upon the expiration of the time for service of this objection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration.
(c) An order changed under this Code section shall be subject to the provisions of this part concerning the confirmation, vacation, and modification of orders by the court.
9-9-115. The superior court shall confirm an order upon application of a party made within 30 days after its delivery to such party, unless the order is vacated or modified by the superior court as provided in this part.
9-9-116. After the arbitrators have made their findings, the arbitrators shall furnish each of the parties with a copy thereof. The original shall be entered on the records of the court authorizing the arbitration; it shall have all the force and effect of a judgment or decree of the superior court and may be enforced in the same manner at any time after the adjournment of the superior court. For the entering of the findings upon the records of the court, the clerk shall be entitled to the same fees allowed by law for the entering of judg ments in other cases, to be paid by the parties as provided in the submission.
9-9-117. (a) An application to vacate an order shall be made to the superior court within 30 days after delivery of a copy of the order to the applicant.
(b) The order shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the superior court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the order;
(2) Partiality of an arbitrator appointed as a neutral;
(3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite order upon the subject matter submitted was not made; or

TUESDAY, JANUARY 30, 1990

433

(4) A failure to follow the procedure of this part, unless the party applying to vacate the order continued with the arbitration with notice of this failure and without objection.
(c) The order shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration if the superior court finds that:
(1) The rights of the party were prejudiced by one of the grounds specified in subsec tion (b) of this Code section; or
(2) The arbitrated claim was barred by limitation of time.
(d) All findings of fact by arbitrators shall be final and conclusive between the parties. No findings of fact shall be set aside by the superior court upon any ground other than that the findings of fact were procured by fraud. If not set aside upon such ground, the superior court shall affirm the findings so appealed from.
(e) Upon vacating an award, the superior court may order a rehearing and determina tion of all or any of the issues before the same arbitrators or, if the order is vacated due to the partiality of the panel or any member thereof, before a different panel of arbitrators. The superior court's ruling or order under this Code section shall constitute a final judg ment and shall be subject to appeal in accordance with the appeal provisions of this part.
9-9-118. (a) An application to modify the final order shall be made to the superior court within 30 days after delivery of a copy of the award to the applicant.
(b) The superior court shall modify the order if:
(1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award;
(2) The arbitrators ruled on a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The order is imperfect in a manner of form, not affecting the merits of the controversy.
(c) If the superior court modifies the award, it shall confirm the award as modified. If the superior court denies modification, it shall confirm the award made by the arbitrators.
(d) The superior court's ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part.
9-9-119. An appeal from the decision of the arbitration panel shall operate as a supersedeas and no defendant shall be required to make payment of the amount involved in the submission in the case so appealed until the question at issue therein has been fully deter mined in accordance with this part. The defendant may voluntarily make payment, how ever, prior to final disposition of the appeal.
9-9-120. (a) Upon confirmation of the order by the superior court, judgment shall be entered in the same manner as provided by Chapter 11 of this title.
(b) The judgment shall consist of the following:
(1) The agreement and each written extension of time within which to make the final determination;
(2) The order;
(3) A copy of the order confirming, modifying, or vacating the final order; and
(4) A copy of the judgment.
9-9-121. Except as otherwise provided in this part, any finding of fact shall be final and shall not be subject to review or appeal. Errors involving conclusions of law or procedures under this part and appeals of final judgments may be appealed pursuant to Chapter 6 of Title 5.

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9-9-122. If an order is made in favor of the claimant, the arbitrators may, but are not required to, award attorney's fees for claimant. Such attorney's fees, if awarded, shall not be in addition to the initial award but shall be a part of such initial award. Such attorney's fees, if awarded, shall be based on the skill, knowledge, and expertise of the attorney and on the quantity and level of professional services provided.
9-9-123. (a) The arbitrators' expenses and fees, together with other expenses and wit ness and expert witness fees, not including attorney's fees, incurred in the conduct of the arbitration shall be paid from funds appropriated to or otherwise available for such purpose. The Composite State Board of Medical Examiners is authorized to impose and collect such fees as are necessary and proper in order to carry out the purposes and intent of this part.
(b) Upon application, the superior court may reduce or disallow any fees or expenses it finds excessive or may allocate them as justice requires.
9-9-124. The panel of arbitrators shall be assigned to the Administrative Office of the Courts for administrative and staff support purposes. The director of the Administrative Office of the Courts is authorized to appoint an administrator and to employ such staff and administrative personnel as he determines is necessary in order to carry out the intent and purposes of this part.
9-9-125. An arbitrator shall not be civilly or criminally liable for libel, slander, or for any statement or action taken within the official capacity of the arbitrator during the arbitration.
Section 3. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by striking Code Section 51-1-27, relating to recovery for medical malpractice, and inserting in its place a new Code Section 51-1-27 to read as follows:
"51-1-27. (a) A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had.
(b) On and after May 1, 1990, recovery for any obstetrical medical malpractice claim, as defined in Code Section 9-9-101, shall be in the manner provided for in Part 2 of Article 2 of Chapter 9 of Title 9."
Section 4. This Act shall become effective on May 1, 1990.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senators Deal of the 49th and Starr of the 44th offered the following amendment:
Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by striking line 4 of page 2 and inserting in lieu thereof the following:
"civil and criminal immunity of arbitrators; to provide for nonapplicability to abortion and sterilization procedures; to provide for".
By striking lines 26 through 28 of page 9 and inserting in lieu thereof the following:
"medicine for at least five years."
By striking lines 8 through 19 of page 13 and inserting in lieu thereof the following:
"arbitrators may award damages. The award may include".
By striking line 20 of page 19 and inserting in lieu thereof the following:
"of the arbitrator during the arbitration.
9-9-126. This part shall not apply in any manner whatsoever to abortion and steriliza tion procedures, which procedures shall continue to be governed by existing law indepen dently of the terms and provisions of this chapter.' "

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435

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

Senator Deal of the 49th offered the following amendment:

Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by striking lines 17 and 18 of page 18 and inserting in lieu thereof the following:
"part, any finding of fact, in the absence of fraud, shall be final; but, upon a hearing on the matter, the court may set aside any finding of fact if it finds that the arbitration panel acted without or in excess of their powers, that the finding was procured by fraud, or that there is not sufficient competent evidence in the record to warrant the arbitration panel making such finding of fact. Errors involving".

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

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by adding on page 9, line 18 after the words "consist of the following:
"six women and six men and shall include".

On the adoption of the amendment offered by Senator Howard of the 42nd, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes
Bowen ^[un Dawkins Edge Fincher Fuller

Garner Harris
Howard Huggins Johnson Kidd Land Parker

Peevy Pollard
Scott of 36th Shumake Stumbaugh Tate Taylor Turner

Those voting in the negative were Senators:

Albert Allgood Barker Brannon Burton Coleman Collins Deal Dean

Echols Egan English Foster Gillis Kennedy McKenzie Olmstead Perry

Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Timmons Tysinger Walker

Those not voting were Senators:

Engram (Excused) Hammill

Langford

Newbill

On the adoption of the amendment, the yeas were 25, nays 27, and the amendment was lost.

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JOURNAL OF THE SENATE

Senators Stumbaugh of the 55th and Barnes of the 33rd offered the following amendment:

Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by inserting immediately after "1990" on line 9 of page 2 the following:
"; to provide for the mandatory reduction of certain insurance rates and the practices, procedures, and requirements connected therewith".
By redesignating Sections 4 and 5 as Sections 5 and 6, respectively.
By inserting between lines 4 and 5 of page 20 the following:
"Section 4. Not withstanding any other provision of law, all insurers issuing insurance coverage for obstetrical medical malpractice claims shall comply with the following provisions:
(1) Within 60 days after the effective date of this Act, each insurer shall file proposed rates and rating plans with the Commissioner of Insurance for such approval as is required by law. Rates for coverage shall not exceed each insurer's effective rate on May 1, 1990, reduced by the estimated percentage of total premiums which the insurer estimates will be saved as a result of the enactment of this Act; and
(2) If the actual savings to an insurer as a result of the enactment of this Act are greater than the amount of estimated savings filed with the Commissioner of Insurance for any year after the first year covered by such initial filing, it shall be the duty of the insurer to file new rates and rating plans reflecting the actual savings realized by the insurer as a result of the enactment of this Act."

On the adoption of the amendment offered by Senators Stumbaugh of the 55th and Barnes of the 33rd, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen ^uarton

Fuller Garner Johnson Kidd

0,1^ Dawkins Dean Echols

Land Parker Peevy Perry

Phillips Ragan of 10th Scott of 36th Shumake
Stumbaugh Tate Taylor Turner

Those voting in the negative were Senators:

Albert Allgood Baldwin Brannon BCoroleumn an
Deal
Edge
Egan

English Fincher Foster gillis HHoarwriasrd
Huggins
Kennedy
McKenzie

Olmstead Pollard pav Scott of 2nd b,, tarr
Timmons
Tysinger
Walker

Those not voting were Senators:

Engram (Excused) Hammill

Langford Newbill

Ragan of 32nd

TUESDAY, JANUARY 30, 1990

437

On the adoption of the amendment, the yeas were 25, nays 26, and the amendment was lost.

Senator Barnes of the 33rd moved that the Senate reconsider its action in defeating the amendment offered by Senators Stumbaugh of the 55th and Barnes of the 33rd to the sub stitute to SB 553 offered by the Senate Committee on Human Resources.

On the motion offered by Senator Barnes of the 33rd, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bowen
Coins Dawkins Dean Echols

Fuller Garner Howard
Johnson Land Parker Peevy Perry

Phillips Ragan of 10th Scott of 36th Shumake Stumbaugh Tate Taylor Turner

Those voting in the negative were Senators:

Albert Allgood Baldwin
^Brraonunnon Coleman Deal Edge Egan

English Fincher Foster
gHiallmis.s Huggins Kennedy Kidd McKenzie

Olmstead Pollard Rav
Sccott of 2nd btarr Tlmmons Tysinger Walker

Those not voting were Senators:

Engram (excused) Hammill

Langford Newbill

Ragan of 32nd

On the motion offered by Senator Barnes of the 33rd, the yeas were 25, nays 26; the motion was lost, and the amendment offered by Senators Stumbaugh of the 55th and Barnes of the 33rd was not reconsidered.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by inserting following the word "citizens" on line 15 of page 9 the following:
", two of whom must be women,".

On the adoption of the amendment offered by Senator Stumbaugh of the 55th, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker

Barnes

Bowen

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JOURNAL OF THE SENATE

Burton Clay olli,n.s DEcahwoklsins Fuller Garner

Howard Johnson Kidd TLand, Parker Peevy

Phillips Pollard Scott of 36th S_,humak. e Stumbaugh Taylor

Those voting in the negative were Senators:

Albert Allgood Baldwin Brannon Broun CDoealel man
Dean
Edge
Egan

English Fincher Foster Gillis Hams HKuengngiendsy
McKenzie
Olmstead
Perry

Ragan of 10th Ragan of 32nd fjay Scott Qf 2nd o, Taliammr ons
Turner
Tysinger
Walker

Those not voting were Senators:

Engram (excused)

Langford

Tate

Hammill

Newbill

On the adoption of the amendment, the yeas were 22, nays 29, and the amendment was lost.

Senator Dawkins of the 45th offered the following amendment:

Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by striking in their entirety pages 3 and 4 and lines 1 through 4 on page 5, and lines 29 and 30 on page 2.

On the adoption of the amendment offered by Senator Dawkins of the 45th, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes
?lav, . Dawkins EEddggee Fuller

Johnson Kidd Parker Peevy

Pollard Scott of 36th Shumake Stumbaugh

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Coleman

Collins Deal Dean Echols Egan English Fincher Foster Garner

Gillis Harris Huggins Kennedy Land McKenzie Olmstead Perry Phillips

TUESDAY, JANUARY 30, 1990

439

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

Starr Taylor Timmons

Turner Tysinger Walker

Those not voting were Senators:

Engram (excused) Hammill

Howard Langford

Newbill Tate

On the adoption of the amendment, the yeas were 13, nays 37, and the amendment was lost.

Senator Fuller of the 52nd offered the following amendment:

Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by striking lines 20 through 27 on page 5 and inserting in lieu thereof the following:
"(A) Health, medical, surgical service, diagnosis, prescription treatment, or care involv ing obstetrical services rendered by an obstetrician";
By striking on line 34, page 5 the words "a person" and inserting in lieu thereof the following:
"an obstetrician";
By striking lines 4 through 10 on page 6 in its entirety.

Senator Fuller of the 52nd 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 SB 553 offered by the Senate Committee on Human Resources by striking line 27 of page 5 and inserting in lieu thereof the following:
"authorized person provided that such authorized person accepts without limitation Medicaid patients and Medicare assignment;".

On the adoption of the amendment offered by Senator Parker of the 15th, Senator Parker of the 15th 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 BColawyen
Echols
Fuller

Johnson Kidd LPaarnkgefor rd
Peevy
Pollard

Scott of 36th Shumake mlate
Taylor
Timmons

Those voting in the negative were Senators:

Albert Allgood Baldwin Brannon Broun Burton

Coleman Collins Dawkins Deal Dean Edge

Egan English Fincher Foster Garner Gillis

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JOURNAL OF THE SENATE

Harris Howard
Muggins
Kennedy Land
McKenzie

Olmstead Perry
Phillips
Ragan of 10th Ragan of 32nd
Ray

Starr Stumbaugh
Turner
lurner Tysmger
Walker

Those not voting were Senators:

Engram (excused) Hammill

Newbill

Scott of 2nd

On the adoption of the amendment, the yeas were 17, nays 35, and the amendment was lost.

Senator Barnes of the 33rd offered the following amendment:

Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by inserting on line 21, page 6 after the word "damages" the following:
"occurring in a county with a population less than 100,000".

Senator Barnes of the 33rd asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn.

Senator Stumbaugh of the 55th offered the following amendment:

Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by inserting on line 21, page 6, after the word "damages" the following:
"occurring in a county with a population less than 20,000".

On the adoption of the amendment offered by Senator Stumbaugh of the 55th, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Clay Echols

Edge Fuller Parker

Perry Stumbaugh

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Bowen Brannon

Fincher Foster Garner Gillis Harris Howard

Burton Coleman Collins Dawkins Deal
Dean
Egan English

Johnson Kennedy Kidd Land McKenzie
Olmstead
Peevy Phillips

Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of 36th
,, Shumake ,_ arr latf Taylor Timmons Turner Tysinger Walker

TUESDAY, JANUARY 30, 1990

441

Those not voting were Senators:

Engrain (excused) Hammill

Langford

Newbill

On the adoption of the amendment, the yeas were 8, nays 44, and the amendment was lost.

Senator Hammill of the 3rd offered the following amendment:
Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by striking on page 12, line 16, after the figures "9-9-111", the entire paragraph and in serting in lieu thereof the following:
"All arbitration proceedings shall be open proceedings. The decisions and transcripts shall be open as are other court records."
On the adoption of the amendment, the yeas were 35, nays 7, and the amendment was adopted.
Senator Gillis of the 20th offered the following amendment:
Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by striking on line 11 of page 9 the word "three" and inserting in lieu thereof the word "five";

"threBey";striking on line 15 of page 9 the word "one" and inserting in lieu thereof the word
By striking on line 16 of page 9 the number "12" and inserting in lieu thereof the number "20"; and
By striking on line 19 of page 9 the word "four" and inserting in lieu thereof the word "twelve".
On the adoption of the amendment, the yeas were 44, nays 1, and the amendment was adopted.
Senator Edge of the 28th offered the following amendment:
Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by striking on page 12, line 28, "any two" and inserting in lieu thereof "a majority".
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
Senator Howard of the 42nd offered the following amendment:
Amend the substitute to SB 553 offered by the Senate Committee on Human Resources by adding to page 9, line 16, after the word "arbitrators" the following:
"10 of whom shall be women".
On the adoption of the amendment offered by Senator Howard of the 42nd, Senator Howard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Dean

Echols Edge Fuller Garner Howard Johnson Kidd Land Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd Scott of 36th Stumbaugh Tate Taylor Turner

Those voting in the negative were Senators:

Albert Allgood Brannon DCoealej man
]<Van
English
Fincher

Foster Gillis Harris THTuggins
Kennedy
McKenzie
Ragan of 10th

Ray Scott of 2nd Shumake 0S*t.arr
Timmons
Tysinger
Walker

Those not voting were Senators:

Engram (excused) Hammill

Langford

Newbill

On the adoption of the amendment, the yeas were 30, nays 22, and the amendment was adopted.

Senator Parker of the 15th moved that SB 553 be committed to the Senate Committee on Human resources.

On the motion offered by the Senator Parker of the 15th, Senator Deal of the 49th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barnes Bowen Clay Edge

Fuller Parker Peevy Perry

Scott of 36th Shumake Turner

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Coleman Collins Dawkins Deal

Dean Echols Egan English Fincher Foster Garner Gillis Harris Howard Huggins

Johnson Kennedy Kidd Land McKenzie Olmstead Phillips Pollard Ragan of 10th Ragan of 32nd Ray

TUESDAY, JANUARY 30, 1990

443

Scott of 2nd Starr Stumbaugh

Tate Taylor Timmons

Tysinger Walker

Those not voting were Senators:

Engram (excused) Hammill

Langford

Newbill

On the motion, the yeas were 11, nays 41; the motion was lost, and SB 553 was not committed to the Senate Committee on Human Resources.

On the adoption of the substitute, the yeas were 40, nays 8, 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 Bwen
Bnnon BBruorutonn Coleman Collins D eal Dean Echols Egan

English Fincher Foster
Garner Gillis
Harris THToward, Huggms Johnson Kennedy Land McKenzie Olmstead

Perry Phillips Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd S,,,tarr Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Clay Dawkins Edge

Fuller Kidd Parker Peevy

Pollard Scott of 36th Shumake Stumbaugh

Those not voting were Senators:

Engram (excused) Hammill

Langford

Newbill

On the passage of the bill, the yeas were 40, nays 12.

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

Senator Phillips of the 9th moved that Senator Newbill of the 56th be excused from the Senate today due to illness.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Newbill of the 56th was excused from the Senate today.

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JOURNAL OF THE SENATE

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 12:47 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, JANUARY 31, 1990

445

Senate Chamber, Atlanta, Georgia Wednesday, January 31, 1990 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House:
HB 1483. By Representative Poag of the 3rd: A bill to amend an Act creating the office of commissioner of Murray County, so as to create a five-person Board of Commissioners of Murray County to succeed to the powers and duties of the current board and to exercise other powers and duties.
HB 1524. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to provide a new charter for the City of Kingston.
HB 1529. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court.
HB 1073. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th: A bill to amend an Act creating a board of commissioners of Houston County, so as to provide for the chairman of the board of commissioners to be elected from the county at large; to provide that the office of chairman of the board shall be a full-time position.
HB 273. By Representatives Thomas of the 69th, Cummings of the 17th and Simpson of the 70th: A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal.
HB 1445. By Representative Lane of the 27th: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols or revolvers, so as to change certain provisions relating to fees.

446

JOURNAL OF THE SENATE

HB 1313. By Representatives Smyre of the 92nd, Buck of the 95th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Public Telecommunications Commission as a body corporate and politic which shall be deemed to be a public corporation and an instrumentality of the State of Georgia.
HB 1389. By Representatives Jackson of the 9th and Barnett of the 10th:
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 provi sions relating to the composition and appointment of members of the State Board of Registration of Used Car Dealers.
HB 1321. By Representatives Oliver of the 53rd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th, Hamilton of the 124th and others:
A bill to amend Code Section 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, so as to provide that in all cases involving deprivation, or in criminal cases involving child molestation, the child involved shall be competent to testify.
HB 1426. By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk.
HB 1167. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of cer tain pauper's affidavits and certain municipal pauper's affidavits; to change cer tain provisions relating to certification of political party candidates.
HB 1250. By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to regis tered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members.
HB 1310. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-173 of the Official Code of Georgia Annotated, relating to licensing of hospices, so as to provide for separate classifications, li censes, and license requirements for different types of hospices.
HB 1172. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system.

WEDNESDAY, JANUARY 31, 1990

447

The House has agreed to the Senate amendments, as amended by the House, to the following bill of the House:
HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 653. By Senator Barnes of the 33rd:
A bill to amend Code Section 12-7-17 of the Official Code of Georgia Annotated, relating to exemptions from the provisions of Chapter 7 of Title 12, the "Erosion and Sedimentation Act of 1975," so as to remove exemptions for construction or maintenance projects, or both, of the Department of Transportation, the Georgia Highway Authority and road construction or maintenance projects of counties or municipalities. Referred to Committee on Natural Resources.
SB 654. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Anno tated, relating to conflicts of interest in zoning actions, so as to revise said chap ter; to provide for definitions; to provide for disclosure of certain financial inter ests by local government officials and for additional requirements in connection therewith; to provide for the disclosure of certain campaign contributions to local government officials; to provide for penalties. Referred to Committee on Governmental Operations.
SB 655. By Senator Tysinger of the 41st:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Public Safety, so as to provide for a motor vehicle theft prevention program to be estab lished by the Commissioner of Public Safety; to provide for optional participa tion in the program by counties. Referred to Committee on Public Safety.
SB 656. By Senator Allgood of the 22nd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to pro vide that any person or business selling or distributing gravel shall be prohibited from loading, or allowing the loading of, gravel unless the vehicle into which it is loaded has a properly operating cover and tailgate which are properly secured prior to leaving the premises. Referred to Committee on Transportation.
SB 657. By Senators Phillips of the 9th, Stumbaugh of the 55th, Tysinger of the 41st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Parks Au thority Overview Committee as a joint committee of the General Assembly; to

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provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports. Referred to Committee on Natural Resources.
SB 658. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances. Referred to Committee on Judiciary.
SB 659. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th: 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 change certain provisions relating to the custodian of the pension fund; to change the qualifications of the custodian of the pension fund; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 660. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Industrial Finance Authority as a body corporate and politic, which shall be deemed to be an instrumentality of the state and a public corporation; to provide for a short title; to provide for legislative findings and intent; to provide for definitions.
Referred to Committee on Banking and Finance.
SB 661. By Senators Foster of the 50th and Deal of the 49th: A bill to amend Code Section 20-2-201 of the Official Code of Georgia Annotated, relating to certain course requirements in teacher preparation programs, so as to provide for a limit on course work in the subject area of education.
Referred to Committee on Education.
SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms.
Referred to Committee on Insurance.
SR 386. By Senators Scott of the 2nd, Coleman of the 1st, Hammill of the 3rd and Ken nedy of the 4th:
A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to remove irrevocably such property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking and Finance.
SR 387. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance loans to, and the acquisition of

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449

loans made by others to, businesses to encourage economic development in the state as provided by general law; to provide for the submission of this amend ment for ratification or rejection. Referred to Committee on Banking and Finance.
The following bills of the House were read the first time and referred to committees:
HB 273. By Representatives Thomas of the 69th, Cummings of the 17th and Simpson of the 70th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement.
HB 1167. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of cer tain pauper's affidavits and certain municipal pauper's affidavits; to change cer tain provisions relating to certification of political party candidates. Referred to Committee on Governmental Operations.
HB 1172. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system. Referred to Committee on Governmental Operations.
HB 1250. By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to regis tered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members. Referred to Committee on Human Resources.
HB 1310. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-173 of the Official Code of Georgia Annotated, relating to licensing of hospices, so as to provide for separate classifications, li censes, and license requirements for different types of hospices. Referred to Committee on Human Resources.
HB 1313. By Representatives Smyre of the 92nd, Buck of the 95th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Public Telecommunications Commission as

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a body corporate and politic which shall be deemed to be a public corporation and an instrumentality of the State of Georgia. Referred to Committee on Higher Education.
HB 1321. By Representatives Oliver of the 53rd, Baker of the 51st, Simpson of the 70th and others:
A bill to amend Code Section 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, so as to provide that in all cases involving deprivation, or in criminal cases involving child molestation, the child involved shall be competent to testify. Referred to Committee on Judiciary.
HB 1389. By Representatives Jackson of the 9th and Barnett of the 10th: 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 provi sions relating to the composition and appointment of members of the State Board of Registration of Used Car Dealers.
Referred to Committee on Public Safety.
HB 1426. By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk. Referred to Committee on Industry and Labor.
HB 1445. By Representative Lane of the 27th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols or revolvers, so as to change certain provisions relating to fees. Referred to Committee on Special Judiciary.
HB 1073. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to provide for the chairman of the board of commissioners to be elected from the county at large; to provide that the office of chairman of the board shall be a full-time position. Referred to Committee on Urban and County Affairs.
HB 1483. By Representative Poag of the 3rd: A bill to amend an Act creating the office of commissioner of Murray County, so as to create a five-person Board of Commissioners of Murray County to succeed to the powers and duties of the current board and to exercise other powers and duties.
Referred to Committee on Urban and County Affairs.
HB 1524. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide a new charter for the City of Kingston. Referred to Committee on Urban and County Affairs.

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451

HB 1529. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Economic Development and Tourism has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 460. Do pass. SR 304. Do pass as amended.
Respectfully submitted,
Senator Broun of the 46th District, Chairman

Mr. President:

The Committee on Education has 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 289. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations 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 243. Do pass by substitute.

SB 652. Do pass.

SB 305. Do pass by substitute.

SR 363. Do pass.

SB 447. Do pass by substitute.

HB 346. Do pass by substitute.

SB 471. Do pass.

HB 1220. Do pass.

SB 651. 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 bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 529. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

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The following communication from Senator Stumbaugh of the 55th, Chairman of the Senate Committee on Insurance, was read by the Secretary:

The State Senate Atlanta
January 30, 1990
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
This is to advise that I will not be able to attend the Senate Insurance Committee meeting scheduled for January 30, at 8:30 a.m.
It is respectfully requested that Senator Ted Land, Vice-Chairman of the Senate Insur ance Committee, be authorized to chair the above meeting to consider Senate Bills 487, 544 and House Bill 1219.
Cordially,
Is/ Bud Stumbaugh State Senator

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

Mr. President:

The Committee on Insurance has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
HB 1219. Do pass by substitute. SB 544. Do pass by substitute.
Respectfully submitted,
Senator Land of the 16th District, Vice Chairman

Mr. President:

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

SB 537. Do pass.

HB 1277. Do pass.

SB 548. Do pass.

HB 1278. Do pass as amended.

SB 564. do pass. SB 588. Do pass.

HB 1361. Do pass. SB 427. Do pass by substitute.

HB 1273. Do pass.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of

WEDNESDAY, JANUARY 31, 1990

453

the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 586. 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 of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 624. Do pass.

HB 1407. Do pass.

HB 840. Do pass. HB 1341. Do pass.

HB 1413. Do pass. HB 1420. Do pass.

HB 1343. HB 1378. HB 1398.

Do pass. Do pass. Do pass.

HB 1424. HB 1431. HB 1461.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

The following bills and resolution of the Senate and House were read the second time:
SB 519. By Senators Edge of the 28th, Dawkins of the 45th and Howard of the 42nd:
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 for the preparation of hazardous waste reduction plans by hazardous waste generators and for annual progress reports in connection therewith.
SB 538. By Senators Albert of the 23rd, Kidd of the 25th, English of the 21st and others:
A bill to amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, so as to change the provisions relating to qualification for a license; to provide that certain appli cants who hold a license to practice dentistry in another state, who have taught full time at an accredited dental school for a certain period, and who meet cer tain other requirements shall be exempt from taking an examination.
SB 552. By Senator Peevy of the 48th:
A bill to amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to the performance of sterilization procedures, so as to remove certain language from Code Section 31-20-2, relating to the performance of a sterilization procedure upon request.
SB 556. By Senators Broun of the 46th and Foster of the 50th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the Board of Regents of the University System of Georgia is not subject to the Act; to provide that the State Board of Education and the Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education.

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SB 560. By Senators Burton of the 5th and Phillips of the 9th: A bill to amend Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, so as to change certain provisions regarding termination of the commission; to provide for an effective date.
SB 572. By Senator Howard of the 42nd: A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change certain provisions relating to the ter mination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the repeal of the laws relating thereto.
SB 573. By Senator Howard of the 42nd: A bill to amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change the provisions relating to the termination of the State Board of Dispensing Opticians and the repeal of the laws relating thereto; to provide for an effective date.
SB 579. By Senator Bowen of the 13th: A bill to amend Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, correctional officers, and similar persons, so as to provide for the payment of such witness fees to any arson investigator of the state fire marshal's office or any member of a local fire department.
SB 580. By Senator Garner of the 30th: A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to change the definition of a cer tain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia under certain conditions.
SB 592. By Senator Brannon of the 51st:
A bill to amend Code Section 44-3-141 of the Official Code of Georgia Annotated, relating to cemetery rules and regulations and service charges, so as to provide that cemetery rules and regulations shall apply to merchandise used or installed aboveground in a cemetery.
SB 593. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, so as to change the provisions relating to the quorum necessary for the council to transact business.
SB 594. By Senator Brannon of the 51st: A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the coroner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, so as to change the provisions relating to payment of the expense of embalming under certain circumstances.
SB 595. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to

WEDNESDAY, JANUARY 31, 1990

455

change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council.
SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maxi mum penalty to $100,000.00.
SB 613. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a preference for Georgia vendors from other states when such states give in-state vendors a pref erence over Georgia vendors; to provide for related matters; to provide an effec tive date.
SB 617. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Adminis trative Services, so as to provide that a local political subdivision shall not re quest a service from the Department of Administrative Services unless such po litical subdivision is unable to procure such service at the local level from the private sector at competitive prices.
SB 620. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Asbestos Safety Act," so as to change the termination or "sunset" date of the Act; to provide for the continuation of said Act and the Asbestos Licensing Board for an additional period of time; to provide an effective date.
SR 283. By Senators Stumbaugh of the 55th, Kidd of the 25th and Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.
HB 1180. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".
HB 1186. By Representatives Jackson of the 9th and Barnett of the 10th:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for attorney's fees in certain enforcement actions; to specify what adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed.

456

JOURNAL OF THE SENATE

HB 1295. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial respon sibility, so as to remove the requirement that certain accidents be reported to the Department of Public Safety.
The President called for the morning roll call, and the following Senators answered to their names:

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

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

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

Those not answering were Senators:

Coleman Engram Howard

Langford Scott of 2nd Stumbaugh

Tate Walker

Senator Barnes of the 33rd introduced the chaplain of the day, Dr. Nelson Price, pastor of Roswell Street Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 388. By Senator Pollard of the 24th: A resolution commending the Evans High School baseball team.

SR 389. By Senator Pollard of the 24th: A resolution commending Frances G. Mims.

SR 390. By Senator Burton of the 5th: A resolution commending Johnny Thomas (Tommy) Clack.

Senator Newbill of the 56th introduced Mr. Robert J. Boyd, Mrs. Eleanor R. Paradise, Mrs. Wilhelmina Largin, Mrs. Doris Couch and Ms. Frances Buttolph, retiring Fulton County School Principals, who were commended by SR 349, SR 350, SR 351, SR 352 and SR 353, adopted previously.

WEDNESDAY, JANUARY 31, 1990

457

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, January 31, 1990
FIFTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 624 Olmstead, 26th Harris, 27th Barker, 18th Bibb County City of Macon
Amends the "Macon-Bibb County Water and Sewerage Authority Act" to increase the civil penalty for a violation of wastewater pretreatment regula tions from a maximum of $750.00 per day to a maximum of $1,000.00 per day.
HB 840 Ragan, 32nd Clay, 37th Barnes, 33rd Cobb County City of Marietta
Changes the provisions regarding the appointment and election of members of the Downtown Marietta Development Authority; provides for qualifica tions and vacancies.
HB 1341 Baldwin, 29th Troup County City of LaGrange
Authorizes the expenditure of municipal funds for certain purposes.
HB 1343 Baldwin, 29th Troup County City of LaGrange
Establishes the Municipal Court of the City of LaGrange.
HB 1378 Peevy, 48th Phillips, 9th Gwinnett County
Provides an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled.
HB 1398 Clay, 37th Newbill, 56th Barnes, 33rd Ragan, 32nd Cobb County City of Marietta
Clarifies the terms of office of members of the Cobb County-Marietta Water Authority.

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JOURNAL OF THE SENATE

HB 1407 Johnson, 47th Elbert County
Provides for the monthly compensation and expenses for the members of the Board of Education of Elbert County.

HB 1413 Harris, 27th Upson County
Provides for the merger and consolidation of the existing Upson County School System and the existing City of Thomaston System into a single county-wide school system.

HB 1420 Baldwin, 29th Meriwether County
Changes the salary of the tax commissioner of Meriwether County.

HB 1424 Turner, 8th Lowndes County
Repeals an Act fixing the compensation of the members of the Board of Edu cation of Lowndes County.

HB 1431 Pollard, 24th Warren County City of Norwood
Provides a new charter for City of Norwood.

HB 1461 Ragan, 10th Grady County City of Whigham
Changes the provisions relating to the election and terms of the mayor and councilmen.

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

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

Those voting in the affirmative were Senators:

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

Egan English Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill

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

WEDNESDAY, JANUARY 31, 1990

459

Those not voting were Senators:

Coleman Engram Fuller Langford

McKenzie Ray Scott of 2nd

Stumbaugh Timmons Walker

On the passage of all the local bills, the yeas were 46, nays 0.

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

SENATE CALENDAR
Wednesday, January 31, 1990
FIFTEENTH LEGISLATIVE DAY
SB 449 Probate Court Judge--filling vacancy in office (Gov Op--25th)
SB 457 Works of Fine Art--transfer of rights of reproduction {Gov Op--23rd)
SB 464 Workers' Compensation--filing of insurance rates and updating rates (Substi tute) (I&L--45th)
SB 472 Contempt--change provisions on attachment for contempt (Gov Op--25th)
SB 483 Whitfield County--vehicle registration periods (U&CA G--54th)
SB 489 Downtown Development Authorities Directors--qualifications (Amendment) (U&CA G--50th)
SB 494 Water--prohibit denial because of former owner arrears (Amendment) (U&CA G--39th)
SB 512 License to Carry Weapon--exclude person with drug conviction (Amendments) (S Judy--45th)
SB 555 Public Employees--breaks during eight-hour day (Gov Op--25th)
SB 565 Nonresident Contractor--bringing action for contract payment (Amendment) (I&L--47th)
SB 566 Bingo License--certain applicants not fingerprinted (Gov Op--40th)
SB 567 Elderly, Handicapped Transportation--Department of Human Resources funds to assist (Trans--1st)
SB 597 Georgia Education Trust Act--create (H Ed--50th)
SR 330 Community Affairs Department--ratifying certain minimum standards (U&CA G--14th)
SR 332 Regional Development Centers Established by Community Affairs--funding formula (U&CA G--14th)
HB 1247 Certain County Courthouses--voter approval for demolition (Gov Op--18th)
HB 1195 Fair Access to Insurance Requirements--extend operation time of chapter (Ins--39th)
SB 336 Evidence--revise Title 24 (Substitute) (Amendment) (Judy--49th)
SB 523 Certain Private Corporations--insurance for employees without consent (Ins--47th)
SB 542 Alcoholic Beverage Sale on Premises--when New Year's Eve on Sunday (C Aff-- 25th)
SB 570 Carnival Ride Safety--post sign stating age, weight, height requirements (C Aff--2nd)

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JOURNAL OF THE SENATE

SB 575 Farm Animal and Research Facilities Protection Act--provide (Substitute) (Ag--21st)
SR 155 Metropolitan Youth Development Center--directing to close (Substitute) (C&Y--49th)
SR 327 Solid Waste Recycling or Facilities--general obligation debts (Substitute) (B&F--14th)
SR 342 Ethanol Blended Motor Fuel Federal Excise Tax--support extension of exemp tion (Ag--10th)
SB 525 Merit System Employee--converting sick leave (Gov Op--25th)
SB 391 Child Custody--change age when child may select parent (C&Y--51st)
SB 540 Credit Union Funds--certain investments (B&F--9th)
SB 601 Securities Broker--not deemed engaged in certain banking activities (Substitute) (B&F--8th)
SB 615 Credit Card Fraud--define offense (B&F--8th)
SR 335 Tattnall County--conveyance of certain state property (Pub U--4th)
SR 336 McDuffie County--easement for water supply system (Pub U--24th)
HB 1406 Credit Card Bank--revise provisions on interest imposed (B&F--14th)

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

SB 449. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by the chief clerk upon a vacancy occur ring in the office of judge of the probate court, so as to change the provisions regarding the filling of such vacancy.

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 f*/a*nnon
CnC0o-Ulie*imn.s.an
Dawkins Deal Dean Echols Edge Egan

Fincher Foster Fuller Gillis Hammill
Harris HHougwgairnds
JKo.ehnnnseodny
Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th RRaaygan of 32nd
SS_hcoutmt aokfe2nd
Starr Stumbaugh Tate Turner Tysinger Walker

WEDNESDAY, JANUARY 31, 1990

461

Those not voting were Senators:

Broun English Engram

Garner Scott of 36th

Taylor Timmons

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

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

SB 457. By Senators Albert of the 23rd, Kidd of the 25th, Johnson of the 47th and others:
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 provide for definitions; to provide for reservation and transfer of rights of reproduction of works of fine art; to provide for rights of ownership of works of fine art and transfer thereof; to provide for reservation of certain rights in works of fine art.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

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

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

Those not voting were Senators:

Barnes Bowen Broun English

Engram McKenzie Newbill Scott of 2nd

Scott of 36th Starr Timmons

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

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

SB 464. By Senators Dawkins of the 45th and Edge of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to correct an error relative to the pay ment of benefits to dependents of a deceased employee; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insur ance rates, rating plans or systems, or underwriting rules with the Commissioner

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of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis.
The Senate Committee on Industry and Labor offered the following substitute to SB 464:
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 clarify the provisions relative to the payment of benefits to dependents of a deceased employee; to revise provisions relative to the compensation of the chairman and members of the State Board of Workers' Compensa tion, the administrative law judges, and other employees of the board; to provide for the time period in which a party may make application to the board for the modification of an award due to a change in condition; to provide an editorial change; to provide procedures for the assessment of rehabilitation benefits and the designation of a rehabilitation supplier; to provide procedures for a change in the designated rehabilitation supplier; to increase the number of physicians on the panel of physicians maintained by an employer; to provide for an employee's right to be examined by a physician of his or her own choosing; to provide limitations relative to such examination; to provide for payment of the costs of peer review of certain medical fees and charges; to revise provisions allowing the reimbursement of a group insurance company for the costs of medical treatment; to provide that payment for medical treatment need not be paid directly to an employee except in certain circumstances; to change the period of incapacity preceding the payment of compensation; to change the date of the first payment of income benefits to an employee; to provide that income benefits shall be considered as paid when mailed to the employee; to provide for the effect of any benefit payment by the employer or insurer made when such payment was not due; to pro vide for the reimbursement of a group insurance company or other provider for disability benefits and procedures in connection with such reimbursement; to provide conditions for the reimbursement of disability benefits; to change the maximum compensation payable for total disability and temporary partial disability; to amend Code Section 33-9-21 of the Offi cial Code of Georgia Annotated, relating to the filing of insurance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis; to provide for other matters relative to the foregoing; to provide for applica bility; to provide effective dates; 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 subsection (e) of Code Section 34-9-13, relat ing to persons presumed to be dependents of a deceased employee and the payment of bene fits to dependents, and inserting in its place a new subsection (e) to read as follows:
"(e) For the purpose of this chapter, the dependency of a spouse upon a deceased em ployee shall terminate with remarriage or cohabitation in a meretricious relationship; and for this purpose cohabitation in a meretricious relationship shall be a relationship in which persons of the opposite sex live together continuously and openly in a relationship similar or akin to marriage, which relationship includes either sexual intercourse or the sharing of living expenses. The dependency of a child, except a child physically or mentally incapable of earning a livelihood, shall terminate with the attainment of 18 years of age, except as provided in paragraph (2) of subsection (b) of this Code section. The dependency of a spouse and of a partial dependent shall terminate at age 65 or after payment of 400 weeks of benefits, whichever provides greater benefits."
Section 2. Said chapter is further amended by striking Code Section 34-9-52, relating to officials, personnel, and employees subject to the state merit system and the compensation

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463

of members 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. The chair man and each member of the board shall receive an annual salary which is equal to 90 percent of the base annual salary plus cost-of-living adjustments provided in Code Section 45-7-4 for each Judge of the Court of Appeals.
(b) Each administrative law judge, whose method of appointment, removal, and terms of office shall remain as now provided by law, shall be in the unclassified service as defined in Code Section 45-20-2 and, except for certain compensation purposes, shall not be subject to the laws, rules, and regulations of the state merit system. The compensation of the ad ministrative law judges shall be fixed by the board based on a pay grade of the general pay schedule of the state merit system and each administrative law judge shall be eligible for increases in compensation as established on the general pay schedule, subject to the review and approval of the board.
(1) Each administrative law judge employed by the board shall be entitled to any an nual cost-of-living adjustment increases provided for all state employees.
(2) All administrative law judges appointed prior to January 1, 1990, shall be placed on the same pay grade of the general pay schedule and at the step which is the equivalent of one full step above their salary as established on July 1, 1989.
(c) As a cost-of-living adjustment, the annual base salary of all of the members of the board, including the chairman thereof, shall be increased by the same percentage provided to state officials by subsection (b) of Code Section 45-7-4.
(d) 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."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 34-9-104, relating to the modification of an award or order contained in a prior decision in the event of a change in condition, and inserting in its place a new subsection (b) to read as follows:
"(b) The board on its own motion may propose or any party may apply under this Code section for another decision because of a change in condition ending, decreasing, increasing, or authorizing the recovery of income benefits awarded or ordered in the prior final decision, provided that the prior decision of the board was not based on a settlement; and provided, further, that at the time of application not more than two years have elapsed since the date the last payment of income benefits pursuant to Code Section 34-9-261 or 34-9-262 was actually made under this chapter; provided, however, any party may file for benefits solely under Code Section 34-9-263 not more than four years from the date the last payment of income benefits pursuant to Code Section 34-9-261 or 34-9-262 was actually made under this chapter. If, at the time of application, the foregoing requirements have been met but the prior decision is then on appeal to the courts, the entering of a decision on the application shall be deferred pending final ruling of the courts."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 34-9-200, relating to compensation for medical care and other treatment and supplies, and inserting in its place a new subsection (a) to read as follows:
"(a) The employer shall furnish the employee entitled to benefits under this chapter such medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician, including medical and surgical supplies, artificial mem bers, and prosthetic devices and aids damaged or destroyed in a compensable accident, which in the judgment of the State Board of Workers' Compensation shall be reasonably

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required and appear likely to effect a cure, give relief, or restore the employee to suitable employment."
Section 5. Said chapter is further amended by striking subsection (b) of Code Section 34-9-200.1, relating to rehabilitation benefits and effect of employee's refusal of treatment in workers' compensation cases, which reads as follows:
"(b) The board shall make an assessment of the rehabilitation needs of an injured em ployee within 45 days of notification of injury and notify the employer, insurer, and em ployee if, in the judgment of the board, rehabilitation is necessary to restore the employee to suitable employment. Upon notification, the employer or insurer shall have 15 days to appoint a rehabilitation supplier or give reason why rehabilitation is not necessary. Failure of the employer or insurer to respond to the board's notice within 15 days after notification shall result in the board appointing a rehabilitation supplier at the expense of the employer or insurer. Nothing in this chapter shall preclude the employer, insurer, or employee from petitioning the board at any time for the appointment of a rehabilitation supplier for rehabilitation.",
in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) The employer or its insurer shall assess the injured employee's need for rehabil itation within 90 days of notification of injury. The employer or its insurer shall have the exclusive right within the 90 day period to appoint a rehabilitation supplier or give reason why rehabilitation is not necessary and shall notify the injured employee and the board on forms prescribed by the board.
(2) If the employer or its insurer has not appointed a rehabilitation supplier within the 90 day period, any party may petition the board for an assessment of the rehabilitation needs of the injured employee and, if appropriate, the appointment of a rehabilitation sup plier to restore the employee to suitable employment. The party petitioning the board shall serve copies of the request upon opposing parties and the proposed rehabilitation supplier. All parties shall have 15 days from the date shown on the certificate of service made by the requesting party in which to object to the necessity of rehabilitation or request the designa tion of a different supplier. The board shall then determine whether rehabilitation is neces sary and if, in the judgment of the board, rehabilitation is found to be necessary to restore the employee to suitable employment, the board shall designate a supplier requested by either of the parties or a supplier of the board's choosing.
(3) The board may order at any time an assessment of the need for rehabilitation ser vices. If, in the judgment of the board, rehabilitation is found to be necessary to restore the employee to suitable employment, a rehabilitation supplier shall be appointed pursuant to paragraph (1) or (2) of this subsection.
(4) A change in the designated rehabilitation supplier shall be made only with approval of the board. Any party to the case may request the board for a change in rehabilitation supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections."
Section 6. Said chapter is further amended by striking subsection (b) of Code Section 34-9-201, relating to the selection of a physician from a panel of physicians and a change of physician or treatment, and inserting in its place a new subsection (b) to read as follows:
"(b) The employer shall maintain a list of at least four physicians or professional as sociations or corporations of physicians who are reasonably accessible to the employees. The employer shall post this list, to be known as the 'panel of physicians,' in a prominent place

WEDNESDAY, JANUARY 31, 1990

465

or in prominent places upon the business premises and otherwise take all reasonable mea sures to ensure that employees:
(1) Understand the function of the panel and the employee's right to select a physician therefrom in case of injury; and
(2) Are given appropriate assistance in contacting panel members when necessary."
Section 7. Said chapter is further amended by adding at the end of Code Section 34-9202, relating to the examination of an injured employee, a new subsection (e) to read as follows:
"(e) Notwithstanding the rights afforded an employee under Code Section 34-9-201, the employee, after an accepted compensable injury and within 60 days of receipt of any income benefits, shall have the right to one examination at a reasonable time and place, within this state or within 50 miles of the employee's residence, by a duly qualified physician or surgeon designated by the employee and to be paid for by the employer. Such examination, of which the employer or insurer shall be notified in writing in advance, shall not repeat any diagnos tic procedures which have been performed since the date of the employee's injury unless the costs of such diagnostic procedures which are in excess of $250.00 are paid for by a party other than the employer or the insurer."
Section 8. Said chapter is further amended by adding at the end of Code Section 34-9205, relating to the requirement of board approval of physicians' fees, hospital charges, and other charges and the collection of such fees, a new subsection (c) to read as follows:
"(c) Any party requesting peer review pursuant to the provisions of this Code section shall pay to the board such filing costs for peer review as established by the board; provided, however, the prevailing party in any peer review request shall be entitled to recover its filing costs, if any, from the party which does not prevail."
Section 9. Said chapter is further amended by striking Code Section 34-9-206, relating to the reimbursement of a group insurance company for the costs of medical treatment, and inserting in its place a new Code Section 34-9-206 to read as follows:
"34-9-206. (a) Any party to a claim under this chapter, a group insurance company, or other health care provider who covers the costs of medical treatment for a person who sub sequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of the claim that such a provider is or should be a party at inter est as a result of payments made in the employee's behalf for medical treatment.
(b) In cases where a group insurance company or other health care provider covers the costs of medical treatment for a person who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or workers' compensation insurance carrier to repay the group insurance company or other health care provider the funds it has expended for the claimant's medical treatment, provided that such employer or its workers' compensation insurance carrier is liable under this chapter for such medical treatment and provided, further, that such other provider has become or should be a party at interest pursuant to the provisions of subsection (a) of this Code section. The employer or its workers' compensation insurance carrier deemed liable for such medical treatment shall not be obligated to pay such sums directly to the employee unless, and only to the extent that, it is proven that the employee has paid for such medical treatment himself."
Section 10. Said chapter is further amended by striking Code Section 34-9-220, relating to the period of incapacity preceding the payment of compensation, and inserting in its place a new Code Section 34-9-220 to read as follows:
"34-9-220. No compensation shall be allowed for the first seven calendar days of inca pacity resulting from an injury, including the day of the injury, except the benefits provided for in Code Section 34-9-200; provided, however, that, if an employee is incapacitated for 21 consecutive days following an injury, compensation shall be paid for such first seven calen dar days of incapacity."

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Section 11. Said chapter is further amended by striking subsection (b) of Code Section 34-9-221, relating to procedures in cases where the payment of income benefits is contro verted by the employer, and inserting in its place a new subsection (b) to read as follows:
"(b) The first payment of income benefits shall become due on the twenty-first day after the employer has knowledge of the injury or death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be due and payable in weekly installments; provided, however, that the board may, in its discretion, authorize payments to be made in different installments if it determines that this would be beneficial to all parties concerned. Such weekly payments shall be considered to be paid when due when mailed to the address specified by the employee or to the address of record according to the board."
Section 12. Said chapter is further amended by striking Code Section 34-9-243, relating to the effect of benefit payments paid when they are not due, and inserting in its place a new Code Section 34-9-243 to read as follows:
"34-9-243. The payment by the employer or the employer's workers' compensation in surance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages during the employee's disability shall be credited against any payments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter.
Section 13. Said chapter is further amended by inserting immediately following Code Section 34-9-243 a new Code section, to be designated Code Section 34-9-244, to read as follows:
"34-9-244. (a) Any party to a claim under this chapter, a group insurance company, or other disability benefits provider who provides disability benefits for a person who subse quently files a claim under this chapter may give notice in writing to the board at any time during the pendency of the claim that such provider is or should be a party at interest as a result of such disability benefits paid to the employer.
(b) In cases where a group insurance company or other disability benefits provider pays disability benefits to a person pursuant to an employer paid plan who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or its workers' compensation insurance carrier to repay the group insurance company or other disability benefits provider the funds it has expended for such disability benefits and take credit for that amount against income benefits due under this chapter, provided that:
(1) Such employer or its workers' compensation insurance carrier is liable under this chapter for income benefits;
(2) Such other provider has become or should be a party at interest pursuant to the provisions of subsection (a) of this Code section; and
(3) The disability benefits paid are pursuant to a plan funded in whole or in part by the employer or workers' compensation carrier."
Section 14. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261. (a) Except as provided in subsection (b) of this Code section, while the disa bility to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $175.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage.
(b) With respect to injury or death resulting from an accident occurring on or after July 1, 1990, the maximum weekly benefit shall be $225.00."

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467

Section 15. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in its place a new Code Sec tion 34-9-262 to read as follows:
"34-9-262. (a) Except as otherwise provided in Code Section 34-9-263 and in subsection (b) of this Code section, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the em ployee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $117.00 per week for a period not exceeding 350 weeks from the date of injury.
(b) With respect to temporary partial disability resulting from an accident occurring on or after July 1, 1990, the maximum weekly benefit shall be $150.00."
Section 16. Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insurance rates, rating plans or systems, or underwriting rules with the Commis sioner of Insurance, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
(a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The mainte nance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner, when he deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) May require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and
(2) Shall require, not later than July 30, 1990, each domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for workers' compensa tion insurance coverage written in this state. Such premium rates shall be developed and established based upon each individual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, re serve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. The Commissioner is authorized to accept such rate classifi cations as are reasonable and necessary for compliance with this chapter. A rate filing re quired by this paragraph shall be updated by the insurer at least once every two years, the initial two-year period to be calculated from July 30, 1990."
Section 17. (a) Except as provided in subsection (b) of this section, this Act shall be come effective on July 1, 1990.
(b) Section 2 of this Act shall become effective on June 30, 1990.
Section 18. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

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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 Collins Dawkins Deal Dean Echols Edge Egan

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

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

Those not voting were Senators:

Coleman English

Engram Pollard

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.

Senator Tysinger of the 41st moved that Senator Engram of the 34th be excused from the Senate today due to illness.

On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Engram of the 34th was excused from the Senate today.

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

SB 472. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt.

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

WEDNESDAY, JANUARY 31, 1990

469

Broun Burton Clay Collins
Dawkms
PJi,ceh*onl. s Egdg*e English Fincher Foster Fuller Garner

Gillis Hammill Harris Howard
Huggins
K,,.e,nn, edy KLaldndgford Newbill Parker Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 2nd
Scott of 36th
Sf..humake SSttuarmr baugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Deal

Johnson

Peevy

Those not voting were Senators:

Baldwin Coleman Engram (excused)

Land McKenzie

Olmstead Timmons

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

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

SB 483. By Senator Fincher of the 54th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

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

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

Those voting in the affirmative were Senators:

Albert Barker Barnes Brannon
Broun urton
^CD, oa,lwyli.knisns Deal D ean Echols Edge Fincher Foster

Fuller Garner Gillis Hammill
Harris Howard
JH,ouh,g6ng6sionns Kennedy Kidd Land Langford Newbill Parker

Peevy Perry Phillips Pollard
Ragan of 32nd Ray
SS01hc_outmt aok,fe2nd Starr Stumbaugh Tate Taylor Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood BBoalwdewnin Coleman Egan

English Engram .(excused) McKenzie Olmstead

Ragan of 10th Scott of 36th Timmons Walker

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

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

SB 489. By Senator Foster of the 50th:
A bill to amend Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to the qualifications of directors of downtown development authorities, so as to change the provisions relating to such qualifications; to provide an effec tive date.

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend SB 489 by adding before the semicolon on line 9 of page 2 the following:
"and who shall be taxpayers residing in the county in which is located the municipal corporation for which the authority is created".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Deal Dean Echols Edge Egan

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

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Coleman Dawkins English

Engram (excused) Ragan of 10th Shumake

Timmons Walker

WEDNESDAY, JANUARY 31, 1990

471

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

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

SB 494. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend SB 494 by adding after "charges" on line 11 of page 1 the following:
", with certain exceptions".
By striking the period and quotation marks from line 5 of page 2 and inserting in their place the following:
", unless the water service has been provided to the owner of the property.' ".

Senator Langford of the 35th moved that SB 494 be committed to the Senate Commit tee on Urban and County Affairs (General).

Senator Dawkins of the 45th moved the previous question.

On the motion offered by Senator Dawkins of the 45th, which motion takes precedence, the yeas were 38, nays 0; the motion prevailed, and the previous question was ordered.

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 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 Barnes Bowen Brannon Burton Echols

Fuller Garner Land Parker Perry Phillips

Ragan of 10th Ragan of 32nd Scott of 36th Shumake Taylor Turner

Those voting in the negative were Senators:

Allgood Baldwin Barker Broun Clay Coleman Collins Dawkins Deal

Dean Edge Egan English Fincher Foster Gillis Hammill Harris

Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead

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JOURNAL OF THE SENATE

Peevy Pollard Ray

Scott of 2nd Starr Stumbaugh

Tate Tysinger Walker

Not voting were Senators Engram (excused) and Timmons.

On the passage of the bill, the yeas were 18, nays 36.

The bill, having failed to receive the requisite constitutional majority, was lost.

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

HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.

The House amendments were as follows:

Amend Senate amendment 1 (the Taylor amendment, AM 16 0014) to HB 663 by strik ing from lines 3 through 8 the following:
"striking from line 18 of page 3 the following: '24',

and inserting in lieu thereof the following: '20'.
By".

By striking from line 11 of Senate amendment 1 the following: "$75.00", and inserting in lieu thereof the following: "$60.00".

Amend Senate amendment 2 (the Kidd amendment, AM 10 0009) to HB 663 by strik ing from lines 5 through 10 the following:
"; provided, however, that in any political subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall provide such program",
and inserting in lieu thereof the following:
"; provided, however, that in any political subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI alcohol or drug use risk reduction programs have been made available to said community".

WEDNESDAY, JANUARY 31, 1990

473

Senator Kidd of the 25th moved that the Senate agree to the House amendments to the Senate amendments to HB 663.

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

Those voting in the affirmative were Senators:

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

English Fincher Foster 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 Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Engram (excused)

Fuller Langford

Timmons

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendments to the Senate amendments to HB 663.

Senator Pollard of the 24th introduced a group from the Lincoln County High School Red Devils football team, who were commended by SR 357, adopted previously.

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

SB 512. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols and revolvers, so as to exclude persons convicted of an offense involving illegal drugs from eligibility to receive or hold such licenses; to provide for definitions; to provide an effective date.

Senators Langford of the 35th and Walker of the 43rd offered the following amendment:

Amend SB 512 by adding thereto a new section to be enumerated "Section 2" to read as follows:
"No person shall purchase a handgun in this state until he shall have first made appli cation to purchase same by providing to the proposed seller his name, address, and Social Security number. The seller shall submit within 24 hours such information to his local law enforcement agency. After the expiration of 3 full business days following application the seller shall be authorized to sell and the applicant shall be authorized to purchase said handgun provided there is no legal prohibition to such purchase and sale."

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and by renumbering Sections 2 & 3 as Sections 3 and 4.

Senator Peevy of the 48th offered the following amendment:

Amend the amendment offered by Senators Langford of the 35th and Walker of the 43rd to SB 512 by preceding the amendment with the following words:
"Except those persons who possess a valid license/permit under this Code Section,".

On the adoption of the amendment offered by Senator Peevy of the 48th, Senator Langford of the 35th 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 Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Fincher Foster 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
Scott of 2nd Scott of 36th
*>tarr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Albert and McKenzie.

Not voting was Senator Engram (excused).

On the adoption of the amendment, the yeas were 53, 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
Broun Coleman Dg awkins
Fuller
Hammill

Harris
Kidd Land TLangf,ord,
Olmstead
Parker

Peevy
Scott of 2nd Scott of 36th S_ tumb. augh.
Tate
Walker

Those voting in the negative were Senators:

Albert Baldwin

Barker Barnes

Bowen Brannon

WEDNESDAY, JANUARY 31, 1990

475

Burton Clay Collins Deal Dean Echols Edge
English Fincher
Foster

Garner Gillis Howard Huggins Johnson Kennedy McKenzie
Newbill Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd R c, , fumake Starr
Taylor Timmons
Tysinger

Not voting were Senators Engram (excused) and Turner.

On the adoption of the amendment the yeas were 19, nays 35, and the amendment was lost.

Senators Peevy of the 48th, Kidd of the 25th, Allgood of the 22nd, Olmstead of the 26th, Walker of the 43rd and Dawkins of the 45th offered the following amendment:

Amend SB 512 by striking from lines 1 through 3 of page 1 the following:
"To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols and revolvers,",
and inserting in lieu thereof the following:
"To amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the possession of dangerous weapons,".
By adding after "definitions;" on line 5 of page 1 the following:
"to prohibit the possession of assault weapons without a license after a certain date; to define certain terms; to provide penalties;".
By adding between lines 8 and 9 of page 1 the following:
"Section 1. Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the possession of dangerous weapons, is amended by adding immedi ately following Code Section 16-11-128, relating to carrying a pistol without a license, a new Code Section 16-11-128.1 to read as follows:
'16-11-128.1. (a) As used in this Code section, the term "assault weapon" means any semiautomatic action firearm barred from importation into the United States by the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury, effec tive July 1, 1990.
(b) On and after January 1, 1991, it shall be unlawful for any individual to possess an assault weapon unless such individual has a valid license issued pursuant to Code Section 16-11-129.
(c) Any person who violates subsection (b) of this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years or by a fine nor to exceed $10,000.00, or both.'"
By striking lines 9 through 13 of page 1 and inserting in lieu thereof the following:
"Section 2. Said part is further amended by striking subsections (a) and (b) of Code Section 16-11-129, relating to licenses to carry pistols and revolvers, in its entirety and in serting in their places new subsections (a) and (b) to read as follows:".
By striking the quotation marks on line 14 of page 1 and inserting between lines 13 and 14 of page 1 the following:
" '(a) The judge of the probate court of each county may, on application under oath and

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JOURNAL OF THE SENATE

on payment of a fee of $15.00, issue a license valid for a period of five years to any person who is a resident of that county at the time of such application, which license shall author ize that person to carry any pistol or revolver, in any county of this state notwithstanding any change in that person's county of residence or shall authorize that person to possess an assault weapon, as defined in Code Section 16-11-128.1, in any county of this state notwith standing any change in that person's county of residence. Applicants shall submit the appli cation for a license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license. Forms shall be designed to elicit infor mation from the applicant pertinent to his eligibility under this Code section but shall not require nonpertinent or irrelevant data such as serial numbers or other identification capa ble of being used as a de facto registration of firearms owned by the applicant. The Depart ment of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost."
By striking "Section 2." from line 17 of page 3 and inserting in lieu thereof "Section 3.".
By striking "Section 3." from line 20 of page 3 and inserting in lieu thereof "Section 4.".

Senator Peevy of the 48th offered the following amendment:

Amend the amendment offered by Senators Peevy of the 48th, Kidd of the 25th, Allgood of the 22nd, Olmstead of the 26th, Walker of the 43rd and Dawkins of the 45th to SB 512 by striking from line 9 and line 19 of page 1 the following:
"Part 2", and inserting in its place the following:
"Part 3". By striking from line 11 and line 21 of page 1 the following: "possession of dangerous weapons", and inserting in its place the following: "carrying and possession of firearms".

On the adoption of the amendment, the yeas were 49, nays 1, and the amendment was adopted.

On the adoption of the amendment offered by Senators Peevy of the 48th, Kidd of the 25th, Allgood of the 22nd, Olmstead of the 26th, Walker of the 43rd and Dawkins of the 45th, Senator Peevy of the 48th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Broun Coleman DDaewalkins
Egan
Foster
Fuller

Harris Howard Johnson KLaidndd
Langford
McKenzie
Olmstead

Parker Peevy Scott of 2na 0Sco.t.t of,. 3,,,6,,t,h
Shumake
Stumbaugh
Walker

Those voting in the negative were Senators:

Albert Baldwin

Barker Barnes

Bowen Brannon

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477

Burton Clay Collins
iEE?dcehg*oenl,s English Fincher Garner

Gillis Hammill Huggins
KXNTeewnnb..ei.ld.ly PerrV Phillips Pollard

Ragan of 10th Ragan of 32nd Ray
S,,Ttaayrl.ror Timmons Turner Tysinger

Not voting were Senators Engram (excused) and Tate.

On the adoption of the amendment, the yeas were 23, nays 31, and the amendment was lost.

Senator Hammill of the 3rd offered the following amendment:

Amend SB 512 by deleting on page 1, line 15, "21 years" and insert "18 years".

On the adoption of the amendment, the yeas were 4, nays 41, and the amendment was lost.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon BBruorutonn Coleman
Collins Dawkins Deal Dean Echols Edge Egan English

Fincher Foster Fuller Garner Gillis Hammill Harris HHuogwgairnds Johnson
Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd ^ aScotttt ,ft 3o6cttuh Shumake
btarr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Clay

Engram (excused)

Scott of 2nd

On the passage of the bill, the yeas were 53, nays 0.

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

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JOURNAL OF THE SENATE

Senator Shumake of the 39th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating the following bill of the Senate:

SB 494. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.

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 1235. By Representatives Cheeks of the 89th and Kilgore of the 42nd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.

The President announced that the Senate would stand in recess from 12:20 o'clock P.M. until 1:45 o'clock P.M.

At 1:45 o'clock P.M., the President called the Senate to order.

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

SB 555. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions.

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 Bowen Coleman Collins Dawkins Dean Echols Egan English

Fuller Garner Harris Howard Huggins Johnson Kennedy Kidd Land

McKenzie Olmstead Perry Phillips Ragan of 10th Ray Starr Timmons Turner

WEDNESDAY, JANUARY 31, 1990

479

Those voting in the negative were Senators:

Clay Newbill

Ragan of 32nd

Taylor

Those not voting were Senators:

Albert AUgood Bflrker
Bngarroarnnuennson Burton Deal Edge

Engram (excused) Fincher Foster
GHialmlismu...l Langford Parker Peevy

Pollard Scott of 2nd Scott of 36th
S0Shtu*umm1ba.ak1ueg-h Tate Tysinger Walker

On the passage of the bill, the yeas were 27, nays 4.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 555.

SB 565. By Senator Johnson of the 47th:
A bill to amend Code Section 48-13-37 of the Official Code of Georgia Annotated, relating to preclusion of a right to bring an action for payment on a contract by a contractor in violation of the provisions relating to nonresident contractors, so as to allow cure to restore a right to bring an action on contract; to provide a civil penalty for failure to abide by the provisions relating to nonresident contractors; to provide for applicability.

Senator Johnson of the 47th offered the following amendment:

Amend SB 565 by deleting the words "July 1, 1975," from line 28 of page 2 and substi tuting therefor the words, "January 1, 1990.", and by deleting the remaining language fol lowing such words.

Senator Johnson of the 47th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn.

Senator Johnson of the 47th offered the following amendment:

Amend SB 565 by deleting the words "July 1, 1975," from line 28 of page 2 and substi tuting therefor the words, "January 1, 1990, and shall not be construed to affect, favorably or adversely, any action on a contract entered into prior to such date."; and by deleting the remaining language following such words.

On the adoption of the amendment, the yeas were 32, nays 1, and the amendment was adopted.

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

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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

English
Fincher
Foster Fuller

Bowen Broun Co,leman
Dawkins Deal Dean Echols Edge Egan

Garner Gillis HTHIaamrrims ill Howard Huggins Johnson Kennedy Kidd Land

McKenzie Newbill Olmstead Peevy
Perry Phillips P,,Roalglaanrdof. 10th, Ragan of 32nd Ray Starr Timmons Turner Tysinger

Those not voting were Senators:

Barnes Bronnon Burton Engram (excused) Langford

Parker Scott of 2nd Scott of 36th Shumake

Stumbaugh Tate Tavlor Walker

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

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

SB 566. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to pro vide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license.

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 Bfoun
Cloalyeman CDoalwliknisns Deal Dean Echols Edge Egan

English Fincher Foster Fuller Gillis Hammill
2Hoawrnasrd. JHouhgngsionns Kennedy Kidd Land Newbill Olmstead

Parker Peevy Perry Phillips Pollard R of I0th
R,,agan of 32nd Scaoytt of 2nd Starr Tate Taylor Turner Tysinger

WEDNESDAY, JANUARY 31, 1990

481

Those voting in the negative were Senators:

Barnes

Burton

Garner

Those not voting were Senators:

Brannon Engram (excused) Langford

McKenzie Scott of 36th Shumake

Stumbaugh Timmons Walker

On the passage of the bill, the yeas were 44, nays 3.

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

SB 567. By Senators Coleman of the 1st, Huggins of the 53rd and Olmstead of the 26th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped per sons; to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for certain persons authorized by nonprofit agencies to op erate vehicles, so as to change a reference to a certain Code section.

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 Deal Dean Echols Edge

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

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

Those not voting were Senators:

Brannon
Dawkins Egan English

Engram (excused)
Langford Peevy Scott of 36th

Shumake Stumbaugh Timmons

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

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

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JOURNAL OF THE SENATE

SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and Deal of the 49th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to pro vide a short title; to provide for declaration of purpose and policies; to define certain terms.

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 fruorutonn
Coleman
Dawkins Deai Dean Echols Edge Egan

English Fincher Foster Fuller Gillis
Hammill HHoarwriasrd
Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard
Ragan of 10th RRaaygan of 32nd
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Walker

Those not voting were Senators:

Brannon Engram (excused) Garner

Langford Shumake

Timmons Tysinger

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

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

SR 330. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Community Affairs; to provide for an effective date.

Senator McKenzie of the 14th moved that SR 330 be committed to the Senate Commit tee on Urban and County Affairs (General).

On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 330 was commit ted to the Senate Committee on Urban and County Affairs (General).

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

WEDNESDAY, JANUARY 31, 1990

483

SR 332. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying the supplemental funding formula for regional develop ment centers established by the Department of Community Affairs; to provide for an effective date.

Senator McKenzie of the 14th moved that SR 332 be postponed until February 15.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SR 332 was post poned until February 15.

HB 1247. By Representatives Birdsong of the 104th and Barnett of the 10th:
A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the proposed demoli tion of certain county courthouses must be submitted to the voters of the county for approval or rejection; to provide for the application of the provisions of Chap ter 2 of Title 21, the "Georgia Election Code".
Senate Sponsor: Senator Barker o01f the 18th.

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 B roun
urton PCCoo,llyleimnsan jjeaj jjean Echols Edge English Fincher

Foster Fuller Gillis
Hammill Harris Howard
Huggins Johnson
l Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th f0tarr Stumbaugh Tate Taylor Turner Tysinger Walker

Voting in the negative were Senators Dawkins and Egan.

Those not voting were Senators:

Bowen Brannon Engram (excused)

Garner Kennedy (presiding) Langford

Shumake Timmons

On the passage of the bill, the yeas were 46, nays 2.

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

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JOURNAL OF THE SENATE

HB 1195. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of op eration of the chapter.
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 Barnes Broun Burton Clay Dawkins Deal Dean Echols Egan English Foster

Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land 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

Those not voting were Senators:

Barker Bowen Brannon Coleman
Collins

Edge Engram (excused) Fincher Garner
Kennedy (presiding)

Langford McKenzie
Shumake Walker

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

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

SB 336. By Senators Deal of the 49th, Barnes of the 33rd and Johnson of the 47th:
A bill to amend the Official Code of Georgia Annotated, so as to revise and su persede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for con struction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence.

The Senate Committee on Judiciary offered the following substitute to SB 336:

A BILL

To amend the Official Code of Georgia Annotated, so as to revise and supersede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for construction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence; to pro-

WEDNESDAY, JANUARY 31, 1990

485

vide for preliminary questions; to provide for admissibility and introduction of evidence; to provide for judicial notice; to provide for presumptions; to provide for relevancy and its limits; to provide for exclusion of evidence; to provide for character evidence; to provide for evidence of habit, routine practice, subsequent remedial measures, compromise, offers to compromise, and payment of medical and similar expenses; to provide for inadmissibility of pleas, plea discussions, and related statements; to provide for evidence of liability insurance; to provide for evidence in rape cases and cases of assault with intent to commit rape; to provide for witnesses; to provide for competency of witnesses and prohibitions on certain testimony; to provide for oaths and affirmations; to provide for interpreters; to provide for competency of judges and jurors as witnesses; to provide for impeachment of witnesses; to provide for evidence of character and conduct, conviction of crime, and religious beliefs or opinions; to provide for interrogation and presentation; to provide for writings used to re fresh memory; to provide for prior statements; to provide for calling and interrogation of witnesses by the court; to provide for exclusion of witnesses; to provide for proof of a wit ness's feelings and relationships to parties; to provide for examination and cross-examina tion of witnesses; to provide for testimony of criminal defendants and use of evidence; to provide for the right to open and conclude arguments; to provide for grant or denial of immunity; to provide for contempt for refusal to testify; to provide for penalties and punish ment; to provide for the presence in the courtroom of a victim of a criminal offense; to provide that certain objections are not waived; to provide for credibility as a jury question; to provide for credit of impeached witnesses; to provide for corroboration; to provide for the rights of hearing impaired persons; to provide for procedures to be followed upon the arrest of a hearing impaired person; to provide for definitions; to provide for requests for, appoint ment of, and replacement of interpreters; to provide procedures for interrogation and taking of statements from hearing impaired persons; to provide for indigent hearing impaired per sons; to provide for waiver of rights; to provide for oaths and privileged communications; to provide requirements for proceedings and taping and filming thereof; to provide for com pensation; to provide for opinions and expert testimony and requirements, practices, and procedures related thereto; to provide for testimony by lay witnesses and experts; to provide for foundations of opinion testimony; to provide for opinions on ultimate issues; to provide for disclosure of facts or data; to provide for court appointed experts; to provide that hear say is not admissable; to provide for exceptions; to provide for testimony as to a child's description of sexual contact or physical abuse; to provide for admissions in pleadings; to provide a right to have the whole conversation heard; to provide that only voluntary confes sions are admissible; to provide for admission of confessions; to provide that a confession alone shall not justify a conviction; to provide for authentication and identification; to pro vide for self-authentication; to provide that testimony of a subscribing witness is not neces sary; to provide exceptions; to provide for identification of medical bills; to provide for full faith and credit; to provide for the admission of writings, recordings, and photographs and the requirements related thereto; to provide for originals, duplicates, and other evidence of contents; to provide for public records; to provide for summaries; to provide functions of the court and jury; to provide for establishment of lost records and the requirements and proce dures connected therewith; to provide for witness privilege; to provide for confidentiality of certain communications and records and exceptions thereto; to provide for release of medi cal information and the use thereof; to provide for confidentiality of certain library records; to provide for the confidential nature of AIDS information and disclosure thereof; to pro vide for securing attendance of witnesses and the production and preservation of evidence; to provide for freedom of witnesses from arrest; to provide for female witnesses; to provide for witness fees; to provide for transcripts of books and the production thereof; to provide for copies; to provide for subpoenas and notices to produce and the practices, procedures, fees, requirements, and effects thereof; to provide an exemption for members of the General Assembly; to provide for securing testimony of witnesses in cases tried on affidavits and the practices and procedures connected therewith; to provide for attendance of prisoners; to provide for production of medical records; to reenact "The Uniform Act to Secure the At tendance of Witnesses From Without the State"; to reenact the "Uniform Foreign Deposi tion Act" and provide for the taking and use of foreign depositions; to provide for deposi tions to preserve testimony in criminal proceedings; to provide for counsel; to provide for

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costs; to provide for perpetuation of testimony; to provide for proof generally; to provide for the burden of proof; to provide for the amount of mental conviction required; to provide for a preponderance of evidence in civil cases; to provide a reasonable doubt standard in crimi nal cases; to provide for cases in which conviction may be had on circumstantial evidence; to provide that positive testimony is preferred over negative and provide for exceptions; to provide for the number of witnesses required; to provide for inferences; to distinguish pre sumptions of law and of fact; to provide for rebuttable presumptions of law; to provide a presumption from failure to produce evidence or answer a business letter; to provide for estoppels; to provide for evidence of identity; to provide for proof of an officer de facto; to provide for admissibility of judgments; to provide for proof of dates and admission of calen dars; to provide for admissibility and use of mortality tables; to provide for parol evidence and the admissibility and use thereof; to amend Part 4 of Article 1 of Chapter 1 of Title 7, relating to proceedings involving the Department of Banking and Finance, so as to change the provisions relating to records of examinations or investigations of financial institutions and their use as evidence; to provide for editing of records; to amend Article 1 of Chapter 10 of Title 9, relating to general provisions relative to civil practice and procedure, so as to change the provision relating to juror's private knowledge; to amend Part 1 of Article 8 of Chapter 1 of Title 10, relating to petroleum products, so as to delete certain provisions relating to certificates of the state oil chemist; to amend Part 1 of Article 16 of Chapter 1 of Title 10, relating to registration and use of trademarks and service marks, so as to delete certain provisions relating to certificates of registration and their use as evidence; to amend Article 1 of Chapter 4 of Title 10, known as the "Georgia State Warehouse Act," so as to delete certain provisions relating to reports as public records and their admissibility as evi dence; to amend Chapter 5 of Title 10, known as the "Georgia Securities Act of 1973," so as to delete certain provisions relating to copies of documents and records and their admissibil ity as evidence; to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceed ings, so as to change the provisions relating to the use of the disposition of a child and evidence; to amend Code Section 15-18-14.1, relating to investigators for district attorneys, so as to change certain references to other laws; to amend Part 2 of Article 2 of Chapter 12 of Title 16, relating to bingo, so as to delete the provisions relating to admissibility in evi dence of certificates relating to licenses to operate a bingo game; to amend Article 2 of Chapter 7 of Title 17, relating to commitment hearings, so as to change the provisions relat ing to hearing of evidence by a court of inquiry; to amend Article 5 of Chapter 7 of Title 17, relating to arraignment and pleas generally, so as to delete the provision relating to admissi bility of former pleas upon arraignment and at trial; to delete certain provisions relating to entry of a plea of nolo contendere in a noncapital felony case and use of such a plea in other judicial proceedings; to amend Article 2 of Chapter 9 of Title 17, relating to rendition and receipt of the verdict in criminal cases, so as to change the provisions relating to juror's private knowledge; to amend Code Section 20-2-940, relating to grounds and procedure for terminating or suspending the contracts of employment of teachers, principals, or other em ployees, so as to change a reference to another provision of the Official Code of Georgia Annotated; to amend Article 18 of Chapter 2 of Title 20, relating to liability insurance for state and local school officials and employees, so as to delete certain provisions relating to disclosure or suggestion of the existence of insurance or indemnity; to amend Article 3 of Chapter 2 of Title 29, relating to removal, resignation, settlement, and letters of dismission of guardians, so as to delete certain provisions relating to admission in evidence of the origi nal or a copy of a final receipt from a ward; to amend Article 1 of Chapter 5 of Title 31, relating to general provisions relative to administration and enforcement of Title 31, relat ing to health, so as to delete certain provisions relating to admissibility of orders, rules, regulations, documents, records, or entries; to delete certain designations; to add certain punctuation; to amend Chapter 10 of Title 31, relating to vital records, so as to delete cer tain provisions relating to certified copies of vital records and their issuance and evidentiary effect; to amend Code Section 31-21-3, relating to the death of persons with infectious or communicable diseases and reporting procedures, so as to change a cross-reference; to amend Chapter 2 of Title 33, relating to the Department of Insurance and the Commis sioner of Insurance, so as to delete the provisions relating to admissibility in evidence of certificates or documents executed by the Commissioner of Insurance; to amend Code Sec-

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tion 36-82-104, relating to actions on breached bonds of public contractors, so as to delete certain provisions relating to copies as primary evidence; to amend Code Section 37-3-166, relating to maintenance, confidentiality, and release of clinical records of mentally ill pa tients, so as to change certain cross-references; to amend Code Section 37-4-125, relating to maintenance, confidentiality, and release of clinical records of mentally retarded clients, so as to change certain cross-references; to amend Code Section 37-7-166, relating to mainte nance, confidentiality, and release of clinical records of alcoholic, drug dependent, or drug abusing patients, so as to change certain cross-references; to amend Code Section 40-2-72, relating to special license plates for disabled persons' vehicles, so as to change certain crossreferences; to amend Code Section 40-5-2, relating to records kept by the Department of Public Safety relating to drivers' licenses, so as to delete certain provisions relating to ad missibility of records as evidence; to amend Code Section 40-5-58, relating to habitual viola tors of certain laws relating to motor vehicles and traffic, so as to add to cross-reference; to amend Article 1 of Chapter 6 of Title 42, relating to general provisions relating to detainers, so as to change a cross-reference; to amend Code Section 42-6-5, relating to temporary cus tody of an inmate requesting disposition of a pending indictment or accusation, so as to change a cross-reference; to amend Chapter 6 of Title 43, relating to auctioneers, so as to delete certain provisions relating to admissibility in evidence of copies of records and papers of the Georgia Auctioneers Commission; to amend Article 1 of Chapter 11 of Title 43, relat ing to general provisions relating to dentists and dental hygienists, so as to delete certain provisions relating to copies of records or books of the Georgia Board of Dentistry as pri mary evidence; to amend Chapter 23 of Title 43, relating to landscape architects, so as to delete certain provisions relating to admissibility in evidence of copies of records and books of the Georgia Board of Landscape Architects; to amend Chapter 28 of Title 43, known as the "Georgia State Occupational Therapy Licensing Act," so as to delete certain provisions relating to admissibility in evidence of records or affidavits of the State Board of Occupa tional Therapy and the joint-secretary; to amend Chapter 29 of Title 43, relating to dispens ing opticians, so as to delete certain provisions relating to transcripts of an entry in records of the State Board of Dispensing Opticians as evidence; to amend Chapter 33 of Title 43, known as the "Georgia Physical Therapy Act," so as to delete certain provisions relating to records or affidavits of the State Board of Physical Therapy or the joint-secretary as evi dence; to amend Code Section 43-34-37, relating to the authority of the Composite State Board of Medical Examiners to refuse a license or to discipline a physician, so as to change certain cross-references; to amend Chapter 40 of Title 43, relating to real estate brokers and salespersons, so as to delete certain provisions relating to copies of records and papers of the Georgia Real Estate Commission as evidence; to amend Article 1 of Chapter 2 of Title 44, relating to recording of deeds and other instruments, so as to delete certain provisions relat ing to affidavits or certified copies of records as evidence; to change certain designations and cross-references; to amend Part 3 of Article 2 of Chapter 2 of Title 44, relating to examiners for land registration, so as to delete certain provisions relating to reports as prima-facie evidence; to amend Article 4 of Chapter 3 of Title 44, known as the "Georgia Cemetery Act of 1983," so as to delete certain provisions relating to copies of documents and records as evidence; to delete certain designations; to amend Article 1 of Chapter 4 of Title 44, relating to processioning, so as to delete certain provisions relating to admissibility in evidence of certified plats and general reputation as to ancient landmarks; to amend Part 1 of Article 1 of Chapter 13 of Title 44, relating to constitutional exemptions from levy and sale in gen eral, so as to delete certain provisions relating to records or certified transcripts as evidence; to amend Article 1 of Chapter 9 of Title 45, relating to the purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to delete the provi sions prohibiting the disclosure or suggestion of the existence of such insurance or indemni fication in any action; to amend Article 2 of Chapter 9 of Title 45, relating to the purchase of liability insurance or contracts of indemnity for members and employees of the governing bodies of municipalities, counties, and other public bodies, so as to delete the provisions prohibiting the disclosure or suggestion of the existence of such insurance or indemnifica tion in any action; to amend Article 1 of Chapter 14 of Title 45, relating to general provi sions relative to the Commissioner of Insurance, so as to delete certain provisions relating to admissibility in evidence of certain certificates and other documents or papers; to amend

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Part 1 of Article 4 of Chapter 3 of Title 46, known as the "Georgia Electric Membership Corporation Act," so as to delete certain provisions relating to admissibility in evidence of certificates issued by the Secretary of State and copies of documents filed in his office and the existence or nonexistence of facts stated therein; to redesignate certain material; to amend Article 1 of Chapter 2 of Title 48, relating to the state administrative organization of the Department of Revenue, so as to delete certain provisions relating to admissibility in evidence of certificates, documents, or papers and copies thereof; to amend Code Section 485-138, relating to the duty of tax collectors and tax commissioners to keep a cashbook, so as to delete the provisions relating to admissibility in evidence of the record book or a tran script; to amend Article 1 of Chapter 5 of Title 50, relating to general provisions relative to the Department of Administrative Services, so as to delete certain provisions relating to admissibility in evidence of a copy of the bond of the director of the Fiscal Division of the Department of Administrative Services; to amend Article 1 of Chapter 6 of Title 52, relating to the Board of Pilotage Commissioners, so as to delete certain provisions relating to certi fied copies of records of the board as presumptive evidence of the facts stated therein; to amend Article 1 of Chapter 3 of Title 53, relating to probate of domestic wills, so as to delete the provision that certified copies of a will shall be admissible as evidence in any case and in any court; to amend Article 2 of Chapter 3 of Title 53, relating to probate of foreign wills, so as to change certain cross-references; to amend Part 1 of Article 7 of Chapter 7 of Title 53, relating to general provisions relative to settlement of accounts, so as to delete certain provisions relative to admissibility in evidence of receipts or copies; to amend Part 2 of Article 2 of Chapter 12 of Title 53, relating to the creation of trusts by deeds to acquire beneficial interests, so as to delete certain provisions relating to admissibility in evidence of certified copies of deeds or additional copies thereof; to change certain designations; to oth erwise amend the Official Code of Georgia Annotated, so as to conform provisions to changes made in Title 24, relating to evidence; to renumber, redesignate, and change crossreferences; to repeal Code Section 7-1-95, relating to admissibility of certificates of the De partment of Banking and Finance and copies certified by the department; Code Section 910-9, relating to taking of jurors' affidavits to sustain but not to impeach their verdict; Code Section 9-11-44, relating to official records and proof of lack of such records; Code Section 10-1-188, relating to certified analyses of brake fluid by the state oil chemist as evidence; Code Section 10-1-208, relating to certified analyses of antifreeze by the state oil chemist as evidence; Code Section 10-6-64, relating to agents as competent witnesses and admissibility of an agent's declarations; Code Section 14-9A-117, relating to admissibility in evidence of certified copies of certificates, powers of attorney, and affidavits relating to certain limited partnerships; Code Section 17-9-41, relating to the use of affidavits of jurors to sustain their verdict; Code Section 40-3-93, relating to evidence of prior acts in prosecutions for violation of the "Motor Vehicle Certificate of Title Act"; Code Section 43-19-8, relating to official records of the State Board of Registration for Professional Geologists and affidavits of the joint-secretary as evidence; Code Section 44-2-23, relating to when a deed shall be admitted as evidence and the effect of an affidavit alleging forgery; Code Section 44-5-45, relating to when an ancient deed is admissible without proof of execution; Code Section 44-14-38, relat ing to admission of mortgages into evidence; Code Section 45-16-43, relating to receipt as evidence of reports of post-mortem examinations and records related thereto; Code Section 46-2-53, relating to reports, rate schedules, and orders of the Public Service Commission as admissible evidence; Code Section 50-18-96, relating to photostatic copies of records and print-out copies of computer records as primary evidence; and Code Section 53-3-46, relat ing to admission in evidence of a copy of a foreign will devising personalty; 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. The Official Code of Georgia Annotated is amended by striking Title 24, relating to evidence, and inserting in lieu thereof a new Title 24 to read as follows:
"TITLE 24
CHAPTER 1
ARTICLE 1
24-1-1. The object of all legal investigation is the discovery of truth. Rules of evidence shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
24-1-2. As used in this title, the term:
(1) 'Competent evidence' means evidence which is admissible.
(2) 'Cumulative evidence' means evidence which is additional to other evidence already obtained.
(3) 'Direct evidence' means evidence which immediately points to the question at issue.
(4) 'Indirect evidence' or 'circumstantial evidence' means evidence which only tends to establish the issue by proof of various facts, sustaining by their consistency the hypothesis claimed.
(5) 'Preponderance of evidence' means that superior weight of evidence upon the issues involved, which, while not enough to free the mind wholly from a reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the issue rather than to the other.
(6) 'Presumptive evidence' means evidence which consists of inferences drawn by human experience from the connection of cause and effect and from observations of human conduct.
(7) 'Sufficient evidence' means evidence which is satisfactory for the purpose.
24-1-3. (a) The rules of evidence apply in all trials by jury in any court in this state.
(b) The rules of evidence apply generally to all nonjury trials and other proceedings of any court in this state, including contempt proceedings except those in which the court, by law, may act summarily, subject to the limitations set forth in subsection (c) of this Code section or by statute or by rule of court.
(c) Except as otherwise provided by statute or rule of court, the rules of evidence do not apply in the following situations:
(1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Code Section 24-1-104.
(2) Proceedings before grand juries.
(3) Proceedings for extradition or rendition; sentencing, or granting or revoking proba tion; issuance of warrants for arrest, criminal summonses, and search warrants; and proceed ings with respect to release on bond or otherwise.
(4) Dispositional hearings, custody hearings, hearings on the termination of parental rights, and juvenile traffic proceedings.
(5) All proceedings in municipal courts or courts of equivalent jurisdiction.
(d) The rules of evidence shall apply in all proceedings in magistrate courts except that hearsay may be allowed.

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ARTICLE 2
24-1-103. (a) Error may not be predicated upon a ruling which admits or excludes evi dence unless a substantial right of the party is affected, and:
(1) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or
(2) In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.
(b) The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. The court may direct the making of an offer in question and answer form.
(c) In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as mak ing statements or offers of proof or asking questions in the hearing of the jury.
(d) Nothing in this Code section precludes taking notice of plain errors affecting sub stantial rights although they were not brought to the attention of the court.
24-1-104. (a) Preliminary questions concerning the qualification of a person to be a wit ness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (b) of this Code section. In making its determi nation it is not bound by the rules of evidence except those with respect to privileges.
(b) When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to sup port a finding of the fulfillment of the condition.
(c) Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or when an accused is a witness and so requests.
(d) The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.
(e) This Code section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
24-1-105. When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
24-1-106. When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporane ously with it. Evidence that qualifies for admission under this Code section shall be admissi ble notwithstanding that it otherwise would be inadmissible under the rules of evidence except those concerning privileges.
CHAPTER 2
ARTICLE 1
24-2-201. (a) This Code section governs only judicial notice of adjudicative facts.
(b) A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
(c) A court may take judicial notice, whether requested or not.

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(d) A court shall take judicial notice if requested by a party and supplied with the necessary information.
(e) A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
(f) Judicial notice may be taken at any stage of the proceeding.
(g) In a civil action or proceeding, the court shall instruct the jury to accept as conclu sive any fact judicially noticed. In a criminal case, upon timely request by the defendant, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.
ARTICLE 2
24-2-220. The existence and territorial extent of states, their forms of government, sym bols of nationality, the laws of nations, all laws and resolutions of the General Assembly and the journals of each branch thereof as published by authority, the laws of the United States and of the several states thereof as published by authority, general customs of merchants, the admiralty and maritime courts of the world and their seals, the political constitution and history of our own government as well as the local divisions of our own state, the seals of the several departments of the government of the United States and of the several states of the Union, and all similar matters of legislative fact shall be judicially recognized without the introduction of proof. Judicial notice of adjudicative facts is governed by Code Section 24-2-201.
CHAPTER 3
24-3-301. Reserved.
CHAPTER 4
24-4-401. 'Relevant evident' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
24-4-402. All relevant evidence is admissible, except as limited by constitutional re quirements or as otherwise provided by statute or by other rules or regulations applicable in the courts of this state. Evidence which is not relevant is not admissible.
24-4-403. Although relevant, evidence my be excluded if its probative value is substan tially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
24-4-404. (a) Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
(1) Evidence of a pertinent trait of character offered by an accused, or by the prosecu tion to rebut the same if the court determines that the probative value of admitting the prosecution's rebuttal evidence outweighs its prejudicial effect to the accused;
(2) Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;
(3) Evidence of the character of a witness, as provided in Code Sections 24-6-607, 24-6608, and 24-6-609.
(b) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

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24-4-405. (a) In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.
(b) In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, or when an accused testifies to his or her own character, proof may also be made of specific instances of that person's conduct.
24-4-406. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in con formity with the habit or routine practice.
24-4-407. When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admis sible to prove negligence or culpable conduct in connection with the event. This Code sec tion does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary mea sures, if controverted, or impeachment.
24-4-408. Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or state ments made in compromise negotiations is likewise not admissible. This Code section does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This Code section also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay or abuse of process, or proving an effort to obstruct a criminal investigation or prosecution.
24-4-409. Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.
24-4-410. Except as otherwise provided in this Code section, evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions:
(1) A plea of guilty which was later withdrawn;
(2) A plea of nolo contendere;
(3) Any statement made in the course of any proceedings in which the foregoing pleas were entered; or
(4) Any statement made in the course of plea discussions with an attorney for the pros ecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn.
However, such a statement is admissible (i) in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the state ment ought in fairness be considered contemporaneously with it, or (ii) in a criminal pro ceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.
24-4-411. Evidence that a person was or was not insured against liability is not admissi ble upon the issue whether the person acted negligently or otherwise wrongfully. This Code section does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.
24-4-412. (a) Notwithstanding any other provision of law, in a criminal case in which a person is accused of rape, of assault with intent to commit rape, or any other nonconsensual

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sexual offense, reputation or opinion evidence of the past sexual behavior of an alleged vic tim of such rape or offense is not admissible.
(b) Notwithstanding any other provision of law, in a criminal case in which a person is accused of rape, of assault with intent to commit rape, or any other sexual offense, evidence of an alleged victim's past sexual behavior other than reputation or opinion evidence is also not admissible, unless such evidence other than reputation or opinion evidence is:
(1) Admitted in accordance with paragraphs (1) and (2) of subsection (c) of this Code section and is constitutionally required to be admitted; or
(2) Admitted in accordance with subsection (c) of this Code section and is evidence of:
(A) Past sexual behavior with persons other than the accused, offered by the accused upon the issue of whether the accused was or was not, with respect to the alleged victim, the source of semen, injury, pregnancy, disease, or other physical evidence of the commission of a sexual act or offense;
(B) Past sexual behavior with the accused and is offered by the accused upon the issue of whether the alleged victim consented to the sexual behavior with respect to which rape or assault is alleged;
(C) Part of the circumstances immediately surrounding the offense with which the ac cused is charged;
(D) Past sexual behavior offered to impeach the alleged victim's testimony or other evidence concerning the extent to which such victim has engaged in other similar conduct; or
(E) Past sexual behavior which is substantially probative of a specific reason for false accusation.
(c) (1) If the person accused of committing rape, assault with intent to commit rape, or any other nonconsensual sexual offense intends to offer under subsection (b) of this Code section evidence of specific instances of the alleged victim's past sexual behavior, the ac cused shall make a motion, outside the presence of the jury, to offer such evidence before presenting that evidence in any manner in open court.
(2) The motion described in paragraph (1) of this subsection shall include a specific offer of proof. If the court determines that the offer of proof contains evidence described in subsection (b) of this Code section, the court shall order a hearing in chambers to determine if such evidence is admissible. At such hearing the parties may call witnesses, including the alleged victim, and offer relevant evidence. Notwithstanding subsection (b) of Code Section 24-1-104, if the relevancy of the evidence which the accused seeks to offer in the trial de pends upon the fulfillment of a condition of fact, the court, at the hearing in chambers or at a subsequent hearing in chambers scheduled for such purpose, shall accept evidence on the issue of whether such condition of fact is fulfilled and shall determine such issue.
(3) If the court determines on the basis of the hearing described in paragraph (2) of this subsection that the evidence which the accused seeks to offer is relevant and that the proba tive value of such evidence outweighs the danger of unfair prejudice, such evidence shall be admissible in the trial to the extent an order made by the court specifies evidence which may be offered and areas with respect to which the alleged victim may be examined or cross-examined.
(d) For purposes of this Code section, the term 'past sexual behavior' means sexual behavior other than the sexual behavior with respect to which rape, assault with intent to commit rape, or other nonconsensual sexual offense is alleged.

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CHAPTER 5
24-5-501. Reserved.
CHAPTER 6
ARTICLE 1
24-6-601. Every person is competent to be a witness except as otherwise provided by statute or this title.
24-6-602. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony. This Code section is subject to the provisions of Code Section 24-7-703, relating to opinion testi mony by expert witnesses.
24-6-603. Before testifying, all witnesses shall be required to declare that they will tes tify truthfully, by oath or affirmation administered in a form calculated to awaken their consciences and impress their minds with the duty to do so.
24-6-604. Except as otherwise provided by statute, an interpreter is subject to the provi sions of this title relating to qualification as an expert and the administration of an oath or affirmation to make a true translation.
24-6-605. The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.
24-6-606. (a) A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
(b) Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberation or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the juror's attention or whether any outside influence was improperly brought to bear upon any juror. Nor may a juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes.
24-6-607. The credibility of a witness may be attacked by any party, including the party calling the witness.
24-6-608. (a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful char acter is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.
(b) Specific instances of the conduct of a witness, for the purpose of attacking or sup porting the witness's credibility, other than conviction of crime as provided in Code Section 24-6-609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examina tion of the witness (1) concerning the witness's character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness's privilege against self-incrimination when examined with respect to matters which relate only to credibility.
24-6-609. (a) For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted only if the crime (1) was punishable

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by death or imprisonment in excess of one year under the law under which the witness was convicted, and the witness is not the accused at a criminal trial, or (2) involved dishonesty or false statement, regardless of the punishment.
(b) Evidence of a conviction under this Code section is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, un less the court determines, in the interests of justice, that the probative value of the convic tion supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to con test the use of such evidence.
(c) Evidence of a conviction is not admissible under this Code section if (1) the convic tion has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Evidence of a finding of guilt and subsequent discharge under any first offender statute may be used in a criminal case to impeach any witness other than the accused if the offense otherwise quali fies under this Code section and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence.
(d) Evidence of juvenile adjudications is generally not admissible under this Code sec tion. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence.
(e) The pendency of an appeal therefrom does not render evidence of a conviction inad missible. Evidence of the pendency of an appeal is admissible.
24-6-610. Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of proving that by reason of their nature the witness's credibility is impaired or enhanced.
24-6-611. (a) The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.
(b) A witness may be cross-examined on any matter relevant to any issue in the case.
(c) Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
24-6-612. If a witness uses a writing to refresh memory for the purpose of testifying, either:
(1) While testifying, or
(2) Before testifying, if the court in its discretion determines it is necessary in the inter ests of justice,
an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the testimony the court shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled

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thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to order under this Code section, the court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.
24-6-613. (a) In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.
(b) Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of jus tice otherwise require. This subsection does not apply to admissions of a party-opponent as defined in subparagraph (B) of paragraph (4) of Code Section 24-8-801.
24-6-614. (a) The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.
(b) The court may interrogate witnesses, whether called by itself or by a party.
(c) Objections to the calling of witnesses by the court or to interrogation by it may be made at the time or at the next available opportunity when the jury is not present.
24-6-615. Except as otherwise provided in Code Section 24-6-634, at the request of a party the court shall order witnesses excluded sot that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This Code section does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause.
ARTICLE 2
24-6-630. The state of a witness's feelings towards the parties and his relationship to them may always be proved for the consideration of the jury.
24-6-631. The right of a thorough and sifting cross-examination shall belong to every party as to the witnesses called against him. If several parties to the same case have distinct interests, each may exercise this right.
24-6-632. (a) No person who is charged in any criminal proceeding with the commission of any indictable offense or any offense punishable on summary conviction shall be compellable to give evidence for or against himself.
(b) If a defendant in a criminal case wishes to testify and announces in open court his intention to do so, he may so testify in his own behalf. If a defendant testifies, he shall be sworn as any other witness and may be examined and cross-examined as any other witness except as otherwise provided by statute. Evidence of prior felony convictions may be admit ted in those cases where the prior felony convictions are alleged in the indictment, as pro vided by law. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure.
(c) In the event that a defendant elects to be sworn and examined, he shall not lose his right to open and conclude the argument to the jury, if he has not introduced other evidence in the trial.
24-6-633. (a) Whenever in the judgment of the Attorney General or any district attor ney the testimony of any person or the production of evidence of any kind by any person in any criminal proceeding before a court or grand jury is necessary to the public interest, the Attorney General or the district attorney may request the superior court in writing to order that person to testify or produce the evidence. Upon order of the court that person shall not be excused on the basis of his privilege against self-incrimination from testifying or produc-

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ing any evidence required; but no testimony or other evidence required under the order or any information directly or indirectly derived from such testimony or evidence may be used against the person in any proceedings or prosecution for a crime or offense concerning which he testified or produced evidence under court order. However, he may nevertheless be prose cuted or subjected to penalty or forfeiture for any perjury, false swearing, or contempt com mitted in testifying or failing to testify, or in producing or failing to produce evidence in accordance with the order but shall not be required to produce evidence that can be used in any other courts, including federal courts. Any order entered under this Code section shall be entered of record in the minutes of the court so as to afford a permanent record thereof; and any testimony given by a person pursuant to such order shall be transcribed and filed for permanent record in the office of the clerk of the court.
(b) If a person refuses to testify after being granted immunity from prosecution and after being ordered to testify as aforesaid, he may be adjudged in contempt and committed to the county jail until such time as he purges himself of contempt by testifying as ordered without regard to the expiration of the grand jury. If the grand jury before which he was ordered to testify has been dissolved, he may purge himself by testifying before the court.
24-6-634. (a) The victim of a criminal offense may be entitled to be present in any court exercising jurisdiction over such offense. It shall be within the sole discretion of the judge to implement the provisions of this Code section and determine when to allow such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given.
(b) The failure of a victim to exercise any right granted by this Code section shall not be a cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction.
24-6 -635. If on direct examination of a witness objection is made to the admissibility of evidence, neither cross-examination of the witness on the same subject matter nor the intro duction of evidence on the same subject matter shall constitute a waiver of the objection made on direct examination.
24-6-636. The credibility of a witness is a matter to be determined by the jury under proper instructions from the court.
24-6-637. (a) When a witness shall be successfully contradicted as to a material matter, his credit as to other matters shall be for the jury. The credit to be given a witness's testi mony where impeached for general bad character or for contradictory statements out of court shall be for the jury to determine.
(b) If a witness shall willfully and knowingly swear falsely, his testimony shall be disre garded entirely, unless corroborated by circumstances or other unimpeached evidence.
ARTICLE 3
24-6-650. It is the policy of the State of Georgia to secure the rights of hearing impaired persons who, because of impaired hearing, cannot readily understand or communicate in spoken language and who consequently cannot equally participate in or benefit from pro ceedings, programs, and activities of the courts, legislative bodies, administrative agencies, licensing commissions, departments, and boards of the state and its subdivisions unless qualified interpreters are available to assist them.
24-6-651. In the event a hearing impaired person is arrested for any alleged violation of a criminal law of this state, the arresting officer shall comply with the provisions of this article.
24-6-652. As used in this article, the term:
(1) 'Agency' means any agency, authority, board, bureau, committee, commission, court, department, or jury of the legislative, judicial, or executive branch of government of the state or any political subdivision thereof.

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(2) 'Department' means the Department of Human Resources.
(3) 'Hearing impaired person' means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone.
(4) 'Intermediary interpreter' means any person, including any hearing impaired person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between the variance of sign language by acting as an intermediary between a hearing impaired person and a qualified interpreter.
(5) 'Proceeding' means any meeting, hearing, trial, investigation, or other proceeding of any nature conducted by an agency.
(6) 'Qualified interpreter' means any person certified as an interpreter by the National Registry of Interpreters for the Deaf or approved as an interpreter by the Georgia Registry of Interpreters for the Deaf.
24-6-653. (a) The agency conducting any proceeding shall provide a qualified inter preter to the hearing impaired person:
(1) Whenever the hearing impaired person is a party to the proceeding or a witness before the proceeding; or
(2) Whenever a person below the age of 18 years whose parents are hearing impaired persons is a party to the proceeding or a witness before the proceeding conducted by an agency.
(b) The hearing impaired person shall notify the agency not less than ten days, exclud ing weekends and holidays, prior to the date of the proceeding of the need for a qualified interpreter. If the hearing impaired person receives notice of the proceeding less than ten days, excluding weekends and holidays, prior to the proceeding, he shall notify the agency as soon as practicable after receiving such notice. Upon receiving a request for a qualified in terpreter, the agency shall immediately forward such request to the department. Upon re ceiving a request from an agency, the department shall provide a qualified interpreter for the proceeding specified in the request.
24-6-654. (a) The arresting law enforcement agency shall provide a qualified interpreter to any hearing impaired person whenever the hearing impaired person is taken into custody for allegedly violating any criminal law or ordinance of the state or any political subdivision thereof.
(b) (1) Except as provided in paragraph (2) of this subsection, the law enforcement agency shall immediately request a qualified interpreter from the department, and the de partment shall provide a qualified interpreter. No interrogation, warning, informing of rights, taking of statements, or other investigatory procedures shall be undertaken until a qualified interpreter has been provided; and no answer, statement, admission, or other evi dence acquired from the hearing impaired person shall be admissible in any criminal or quasi-criminal proceedings unless such was knowingly and voluntarily given through and in the presence of a qualified interpreter. No hearing impaired person who has been taken into custody and who is otherwise eligible for release shall be detained because of the unavaila bility of a qualified interpreter.
(2) If a qualified interpreter is not available one hour after the hearing impaired person has been taken into custody and a request has been forwarded to the department, the ar resting officer may interrogate or take a statement from such person, provided that such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense.
24-6-655. (a) A court shall provide a qualified interpreter to any hearing impaired per son whenever the hearing impaired person has been provided with a court appointed legal counsel. The court shall request a qualified interpreter from the department, and the de partment shall provide a qualified interpreter.

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(b) The qualified interpreter authorized by this Code section shall be present at all times when the hearing impaired person is consulting with legal counsel.
24-6-656. Whenever a hearing impaired person shall be authorized a qualified inter preter, such person may waive the right to the use of such interpreter. Any such waiver shall be in writing and shall be approved by the agency, law enforcement agency, or court before which the hearing impaired person is to appear. In no event shall the failure of a hearing impaired person to request an interpreter be deemed to be a waiver.
24-6-657. (a) Whenever a hearing impaired person shall be authorized a qualified inter preter, the agency, law enforcement agency, or court shall determine whether the qualified interpreter so provided is able to communicate accurately with and translate information to and from the hearing impaired person. If it is determined that the qualified interpreter cannot perform these functions, the agency, law enforcement agency, or court shall request another qualified interpreter from the department or shall appoint an intermediary inter preter to assist the qualified interpreter in communicating with the hearing impaired person.
(b) The department shall prepare and maintain a list of qualified interpreters and qual ified intermediary interpreters from which such interpreter shall be provided.
24-6-658. (a) Prior to providing any service to a hearing impaired person, any qualified interpreter or intermediary interpreter shall subscribe to an oath that he will interpret all communications in an accurate manner to the best of his skill and knowledge.
(b) Whenever a hearing impaired person communicates with any other person through the use of an interpreter and under circumstances which make such communications privi leged, the presence of the interpreter shall not vitiate such privilege and the interpreter shall not be required to disclose the contents of such communication.
(c) Whenever an interpreter is required by this article, the agency, law enforcement agency, or court shall not begin the proceeding or take any action until the interpreter is in full view of and spatially situated so as to assure effective communication with the hearing impaired person.
(d) The agency, law enforcement agency, or court may, upon its own motion or upon motion of any party, witness, or participant, order that the testimony of the hearing im paired person be electronically and visually taped or filmed. Any such tape or film may be used to verify the testimony given by the hearing impaired person.
24-6-659. (a) Any qualified interpreter or intermediary interpreter providing service under this article shall be compensated by the agency, law enforcement agency, or court requesting such service. Compensation shall be as provided in the fee schedule developed by the department.
(b) The department shall develop a fee schedule to be used in determining the compen sation to be paid interpreters under this article. The schedule shall include reasonable fees commensurate with the services provided and shall include travel expenses and subsistence allowances as are authorized for state employees.
(c) The expenses of providing a qualified interpreter or intermediary interpreter in any civil proceeding may be assessed by the court or agency as costs in such proceeding.
CHAPTER 7
24-7-701. If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences is limited to those opinions or inferences which are (1) ration ally based on the perception of the witness and (2) helpful to clear understanding of the witness's testimony or the determination of a fact in issue.
24-7-702. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an

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expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.
24-7-703. The facts or data in the particular case upon which an expert bases an opin ion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.
24-7-704. (a) Except as provided in subsection (b) of this Code section, testimony in the form of an opinion or inference otherwise admissible is not objectionable because it em braces an ultimate issue to be decided by the trier of fact.
(b) No expert witness testifying with respect to the mental state or condition of a de fendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.
24-7-705. The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
24-7-706. Except as otherwise provided by statute, the following procedures shall gov ern the appointment, compensation, and presentation of testimony of court appointed ex perts:
(1) The court may on its own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the par ties, and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act. Witnesses so appointed shall be informed of their duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the parties of the witness's findings, if any; his or her deposition may be taken by any party; and the witness may be called to testify by the court or any party. The witness shall be subject to cross-examination by each party, including a party calling the witness.
(2) Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the court may allow. The compensation thus fixed is payable from funds which may be provided by law in criminal cases and civil actions and proceedings involving just compensa tion for the taking of property. In other civil actions and proceedings the compensation shall be paid by the parties in such proportion and at such time as the court directs, and thereaf ter charged in like manner as other costs.
(3) In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness.
(4) Nothing in this Code section limits the parties in calling expert witnesses of their own selection.
CHAPTER 8
ARTICLE 1
24-8-801. The following definitions apply under this article:
(1) A 'statement' is (A) an oral or written assertion or (B) nonverbal conduct of a per son, if it is intended by the person as an assertion.
(2) A 'declarant' is a person who makes a statement.
(3) 'Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

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(4) A statement is not hearsay if:
(A) The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (i) inconsistent with the declarant's testi mony, or (ii) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (iii) one of identification of a person made after perceiving the person; or
(B) The statement is offered against a party and is (i) the party's own statement, in either an individual or representative capacity, or (ii) a statement of which the party has manifested an adoption or belief in its truth, or (iii) a statement by a person authorized by the party to make a statement concerning the subject, or (iv) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (v) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.
24-8-802. Heresay is not admissible except as provided by statute.
24-8-803. The following are not excluded by the heresay rule, even though the declarant is available as a witness:
(1) A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
(2) A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
(3) A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will.
(4) Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or gen eral character of the cause or external source thereof insofar as reasonably pertinent to diag nosis or treatment.
(5) A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness's memory and to reflect that knowledge correctly. If admitted, the memoran dum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.
(6) A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information trans mitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memoran dum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term 'business' as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
(7) Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6) of this Code section, to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.
(8) Records, reports, statements, or data compilations, in any form, of public offices or

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agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, against the defendant in criminal cases, matters observed by police officers and other law enforcement personnel, or (C) in civil actions and proceedings and against the state in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.
(9) Records or data compilations, in any form, of births, fetal deaths, deaths, or mar riages, if the report thereof was made to a public office pursuant to requirements of law.
(10) To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with Code Section 24-9-902, or testimony, that diligent search failed to disclose the record, report, statement, or data com pilation, or entry.
(11) Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.
(12) Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.
(13) Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.
(14) The record of a document purporting to establish or affect on interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of that kind in that office.
(15) A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless deal ings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.
(16) Statements in a document in existence 20 years or more the authenticity of which is established.
(17) Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.
(18) To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in pub lished treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits.
(19) Reputation among members of a person's family by blood, adoption, or marriage, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of the person's personal or family history.
(20) Reputation in a community, arising before the controversy, as to boundaries of or

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customs affecting lands in the community, and reputation as to events of general history important to the community or state or nation in which located.
(21) Reputation of a person's character among associates or in the community.
(22) Evidence of a final judgment, entered after a trial or upon a plea of guilty (but not upon a plea of nolo contendere), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not including, when offered by the state in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an ap peal may be shown but does not affect admissibility.
(23) Judgments as proof of matters of personal, family, or general history, or bounda ries, essential to the judgment, if the same would be provable by evidence of reputation.
(24) A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of the rules of evidence and the interests of justice will best be served by admission of the statement into evidence. How ever, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.
24-8-804. (a) 'Unavailability as a witness' includes situations in which the declarant:
(1) Is exempted by ruling of the court on the ground of privilege from testifying con cerning the subject matter of his or her statement; or
(2) Persists in refusing to testify concerning the subject matter of his or her statement despite an order of the court to do so; or
(3) Testifies to a lack of memory of the subject matter of his or her statement; or
(4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or
(5) Is absent from the hearing and the proponent of the declarant's statement has been unable to procure the declarant's attendance (or in the case of a hearsay exception under paragraph (2), (3), or (4) of subsection (b) of this Code section, the declarant's attendance or testimony) by process or other reasonable means.
A declarant is not unavailable as a witness if the declarant's exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the propo nent of a statement for the purpose of preventing the witness from attending or testifying.
(b) The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:
(1) Except as otherwise provided by statute, testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testi mony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect exami nation. If deposition testimony is admissible under either the rules stated in Code Section 911-32 or this Code section it shall be admissible at trial in accordance with the rules under which it was offered.
(2) In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that his or her death was imminent, concerning the cause or circumstances of what the declarant believed to be his or her impending death.

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(3) A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or crimi nal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. A statement or confession offered against the accused in a criminal case, made by a codefendant or other person implicating both the declarant and the accused, is not within this exception.
(4) (A) A statement concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though a declarant had no means of acquiring personal knowledge of the matter stated; or
(B) A statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared.
(5) A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these Code sections and the interests of justice will best be served by admission of the statement into evidence. How ever, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.
24-8-805. Heresay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the heresay rule pro vided by statute.
24-8-806. When a hearsay statement, or a statement defined in items (iii), (iv), or (v) of subparagraph (B) of paragraph (4) of Code Section 24-8-801 has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a wit ness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to ex amine the declarant on the statement as if under cross-examination.
ARTICLE 2
24-8-820. A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another is admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement pro vide sufficient indicia of reliability.
24-8-821. Without offering the same in evidence, either party may avail himself of alle gations or admissions made in the pleadings of the other.
24-8-822. When an admission is given in evidence by one party, it shall be the right of the other party to have the whole admission and all the conversation connected therewith admitted into evidence.

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24-8-823. To make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.
24-8-824. The fact that a confession has been made under a spiritual exhortation, a promise of secrecy, or a promise of collateral benefit shall not exclude it.
24-8-825. All admissions shall be scanned with care, and confessions of guilt shall be received with great caution. A confession alone, uncorroborated by any other evidence, shall not justify a conviction.
CHAPTER 9
ARTICLE 1
24-9-901. (a) The requirement of authentication or identification as a condition prece dent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
(b) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this Code section:
(1) Testimony that a matter is what it is claimed to be.
(2) Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.
(3) Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.
(4) Appearance, contents, substance, internal patterns, or other distinctive characteris tics, taken in conjunction with circumstances.
(5) Identification of a voice, whether heard firsthand or through mechanical or elec tronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.
(6) Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if (A) in the case of a person, circumstances, including self-identification, show the person answering to be the one called, or (B) in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.
(7) Evidence that a writing authorized by law to be recorded or filed and in fact re corded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.
(8) Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authen tic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.
(9) Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
(10) Any method of authentication or identification provided by statute.
24-9-902. Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(1) A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.
(2) A document purporting to bear the signature in the official capacity of an officer or employee of any entity included in paragraph (1) of this Code section, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of

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the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.
(3) A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accom panied by a final certification as to the genuineness of the signature and official position (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genu ineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, con sul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If rea sonable opportunity has been given to all parties to investigate the authenticity and accu racy of official documents, the courts may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.
(4) A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) of this Code section or complying with any law of the United States or of the State of Georgia.
(5) Books, pamphlets, or other publications purporting to be issued by public authority.
(6) Printed materials purporting to be newspapers or periodicals.
(7) Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.
(8) Documents accompanied by a certificate of acknowledgement executed in the man ner provided by law by a notary public or other officer authorized by law to take acknowledgments.
(9) Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.
(10) Any signature, document, or other matter declared by any law of the United States or the State of Georgia to be presumptively or prima-facie genuine or authentic.
24-9-903. The testimony of a subscribing witness is not necessary to authenticate a writ ing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.
ARTICLE 2
24-9-920. (a) Upon the trial of any civil case involving injury or disease, the patient or the member of his family or other person responsible for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon a showing by such witness that the expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial and that the bills were received from:
(1) A hospital;
(2) An ambulance service;
(3) A pharmacy, drugstore, or supplier of therapeutic or orthopedic devices; or
(4) A licensed practicing physician, chiropractor, dentist, podiatrist, or psychologist.
(b) Such items of evidence need not be identified by the one who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary. However, nothing in this Code section shall be construed to limit the right of a thorough and sifting cross-examination as to such items of evidence.

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24-9-921. The acts of the legislature of any other state, territory, or possession of the United States, the records and judicial proceedings of any court of any such state, territory, or possession, and the nonjudicial records or books kept in the public office in any such state, territory, or possession, if properly authenticated, shall have the same full faith and credit in every court within this state as they have by law or usage in the courts of such state, territory, or possession from which they are taken.
24-9-922. Any court may receive and use as evidence in any case information otherwise admissible from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of those records.
CHAPTER 10
24-10-1001. For purposes of this chapter the following definitions are applicable:
(1) 'Writings' and 'recordings' consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
(2) 'Photographs' include still photographs, x-ray films, video tapes, and motion pictures.
(3) An 'original' of a writing or recording is the writing or recording itself or any coun terpart intended to have the same effect by a person executing or issuing it. An 'original' of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an 'original'.
(4) A 'duplicate' is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.
24-10-1002. To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided by statute.
24-10-1003. A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
24-10-1004. The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) No original can be obtained by any available judicial process or procedure; or
(3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or
(4) The writing, recording, or photograph is not closely related to a controlling issue.
24-10-1005. The contents of an official record, or of a document authorized to be re corded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Code Section 24-9-902 or testified to be correct by a witness who has compared it with the origi nal. If a copy which complies with the foregoing cannot be obtained by the exercise of rea sonable diligence, then other evidence of the contents may be given.
24-10-1006. The contents of voluminous writings, recordings, or photographs which can not conveniently be examined in court may be presented in the form of a chart, summary,

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or calculation. The originals, or duplicates, shall be made available for examination or copy ing, or both, by other parties at a reasonable time and place. The court may order that they be produced in court.
24-10-1007. Contents of writings, recordings, or photographs may be proved by the tes timony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original.
24-10-1008. When the admissibility of other evidence of contents or writings, record ings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Code Section 24-1-104. However, when an issue is raised (1) whether the asserted writing ever existed, or (2) whether another writing, recording, or photograph produced at the trial is the original, or (3) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.
CHAPTER 11
ARTICLE 1
24-11-1. Where any public records have been lost, mutilated, stolen, or destroyed, the superior court of the county where the records belong may establish copies. When so estab lished, such records shall be in all respects evidence as the original records would have been.
24-11-2. The judge of the probate court of the county may bring a petition which may be heard and determined at the first term after or during which the same may be filed. The superior court shall give precedence to the case and proceed with the same as speedily as possible. Upon the hearing it shall be discretionary with the court to order the whole or any part of such records established.
24-11-3. The petition shall set forth the fact that some portion of the records has been lost, mutilated, stolen, or destroyed, specifying as nearly as may be possible the books or parts of the books in which they existed, and shall pray for the establishment of the same. The copies so established, as nearly as may be possible, shall specify and conform to the original book and pages of the same on which they originally existed.
24-11-4. The court or the judge thereof may appoint an auditor in all cases where he shall deem it proper, who shall hear evidence, summon witnesses, and compel the produc tion of books and papers, under such rules and regulations as are now practiced in the courts. The auditor shall make his report of such copies of such lost, stolen, mutilated, or destroyed records; when such report is filed, it shall be made the judgment of the court, unless objections are filed to the same or some part thereof as being incorrect, which objec tions, if any, shall be heard and determined by the court without the intervention of a jury.
24-11-5. The auditor shall receive for his services such compensation as may be allowed by the court, to be paid out of the public funds of the county.
24-11-6. Any person who is adversely interested in the report of the auditor or who claims that there is any mistake in the report shall have the right to file objections thereto as specified in Code Section 24-11-4. Said objections shall be filed within 30 days after the filing of the report and shall be heard and determined in the manner prescribed in Code Section 24-11-4.
ARTICLE 2
24-11-20. (a) Upon the loss of any original pleading, declaration, bill of indictment, spe cial presentment, or other office paper, a copy may be established instanter on motion.
(b) An instrument on which an action has been brought shall be deemed an office paper after the case has gone to trial.
24-11-21. (a) The owner, agent of the owner, or legal representative of the owner of any

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bond, bill, note, draft, check, or other evidence of indebtedness which has been lost or de stroyed may establish a copy of the same in a summary manner by filing a petition with the judge of the probate court of the county of the residence of the alleged debtor or maker, if he is a resident of this state; and the judge of the probate court is deemed a judicial officer for the purpose of this Code section. The petition shall be sworn to by the party applying and shall contain as full and accurate a description as possible of the lost paper, of the loss and mode of loss, of the inability to find the same and why, along with a prayer for the establishment of a copy setting forth the copy desired to be established.
(b) Upon the filing of a petition, the judge shall issue a citation or notice to the alleged debtor or maker, requiring him to appear at a day not more than ten days distant and show cause, if he has any, why the copy should not be established in lieu of the lost original. The citation or notice shall be personally served by either the sheriff or bailiff or by a person specially appointed by the judge for the purpose, at least five days before the time of hearing.
(c) If no successful defense is made at the time and place appointed, the judge shall proceed to establish, by an order entered on the petition, the copy so prayed to be estab lished, which shall have all the effect of the original. The petition, notice, and order shall be entered in a book of record specially prepared for the purpose.
(d) If the debtor or maker so served files a defense under oath to the effect that the original never existed as claimed, the judge shall decide, after giving the parties time for preparation and hearing, not to exceed 20 days, upon the case so made. If the judge's deci sion is in favor of the applicant and no appeal is entered as provided in subsection (e) of this Code section, the decision shall be entered on the petition and the copy so established shall have the same effect as an original. If the judge's decision is in favor of the alleged debtor or maker, the judge shall also enter his decision on the petition. In all cases the proceedings shall be recorded as provided in subsection (c) of this Code section.
(e) Except as provided in Article 6 of Chapter 9 of Title 15, if either party to the pro ceedings provided for in this Code section is dissatisfied, he may appeal upon giving the usual bond and security for costs, as in cases of appeal from the probate court to the supe rior court. The appeal shall be tried in the superior court from all the pleadings and pro ceedings as were before the judge of the probate court. In the superior court the case shall be tried and determined as provided in Code Sections 24-11-24 through 24-11-27.
(f) This Code section shall not apply to evidences of indebtedness to which Title 11 is applicable.
24-11-22. When the person alleged to be a debtor or maker of a lost or destroyed paper as set forth in Code Section 24-11-21 does not reside in this state, the alleged debtor or maker may be made a party to the proceedings by publication, in a newspaper to be desig nated by the judge of the probate court, twice a month for two months. When the person has been make a party, this article shall apply in his case, except as otherwise provided.
24-11-23. Reserved.
24-11-24. (a) The owner of a lost or destroyed paper which is not an office paper as defined in Code Section 24-11-20 who desires to establish the same shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a copy, in substance, of the paper lost or destroyed, as nearly as he can recollect, which copy shall be sworn to by the peti tioner, his agent, or his attorney.
(b) Thereupon, the clerk shall issue a rule nisi in the name of the judge of the superior court, calling upon the opposite party to show cause, if he has any, why the copy sworn to should not be established in lieu of the lost or destroyed original. The rule shall be served personally upon the respondent by the sheriff, his deputy, or any constable of this state, if the respondent is found in this state, 20 days before the sitting of the court to which the rule nisi is made returnable. If the respondent cannot be found in this state, the rule shall

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be published in some public newspaper twice a month for two months before the final hear ing of the rule.
24-11-25. In a proceeding to establish lost papers under Code Section 24-11-24, no con tinuance shall be granted unless it appears reasonable and just to the court; nor shall a continuance be allowed to the same party more than once, except for providential cause.
24-11-26. When a rule nisi has been duly served as provided in Code Section 24-11-24, the court shall grant a rule absolute establishing the copy of the lost or destroyed paper sworn to, unless good and sufficient cause is shown why the rule absolute should not be granted.
24-11-27. When the copy of the lost or destroyed paper is established, the clerk of the court in which it is done shall furnish the copy to the party who had it established, with a certified endorsement thereon of the day and term of the court when the rule absolute was granted, provided all costs of the proceeding have been paid.
24-11-28. (a) If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which an action may be brought, the owner may institute an action thereon as soon as the rule nisi has been issued as provided for in Code Section 24-11-24. The complaint shall set forth that the paper upon which the action is based is lost or de stroyed. In no case shall a judgment be entered in the action until it is determined whether the application to establish the paper is granted or not. If the application is granted, then judgment shall be entered as in other cases.
(b) In an action as provided for in subsection (a) of this Code section, production of the paper upon which the action is based shall not be demanded until the time for rendition of judgment in the action; at that time, if the plaintiff produces a copy of the paper with a certified endorsement thereon by the clerk of the court in which it was established, as pro vided in Code Section 24-11-27, it shall be taken and considered as the original.
(c) This Code section shall not apply to instruments to which Title 11, the 'Uniform Commercial Code,' is applicable.
24-11-29. In all cases for the purpose of establishing any lost or destroyed paper other than an office paper as defined in Code Section 24-11-20, any person whose interest will be affected by the establishment of the lost paper shall, upon motion, by order of the court, be made a party respondent in the proceeding and shall be allowed all the rights of defense against the establishment of the paper as fully as if he were the maker of the lost paper.
24-11-30. Other than Code Section 24-11-20, this article shall not apply to lost or de stroyed papers to which Title 11 is applicable.
CHAPTER 12
24-12-1. There are certain admissions and communications excluded on grounds of pub lic policy. Among there are:
(1) Communications between husband and wife;
(2) Communications between attorney and client;
(3) Communications among grand jurors;
(4) Secrets of state; and
(5) Communications between psychiatrist and patient.
24-12-2. Every communication made by any person professing religious faith, seeking spiritual comfort, or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or to any Christian or Jewish minister, by whatever name called, shall be deemed privileged. No such minister, priest, or rabbi shall disclose any communications made to him by any such person professing religious faith, seeking spiritual guidance, or seeking counsel-

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ing, nor shall such minister, priest, or rabbi be competent or compellable to testify with reference to any such communication in any court.
24-12-3. (a) Husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.
(b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-12-1 or subsection (a) of Code Section 24-12-7 shall not apply in proceedings in which the husband or wife is charged with a crime against the person of a minor child, but such person shall be compellable to give evidence only on the specific act for which the defendant is charged.
24-12-4. Communications to any attorney or to his employee to be transmitted to the attorney pending his employment or in anticipation thereof shall never be heard by the court. The attorney shall not disclose the advice or counsel he may give to his client, nor produce or deliver up title deeds or other papers, except evidences of debt left in his posses sion by his client. This Code section shall not exclude the attorney as a witness to any facts which may transpire in connection with his employment.
24-12-5. No attorney shall be competent or compellable to testify for or against his client to any matter or thing, the knowledge of which he may have acquired from his client by virtue of his employment as attorney or by reason of the anticipated employment of him as attorney. However, an attorney shall be both competent and compellable to testify for or against his client as to any matter or thing, the knowledge of which he may have acquired in any other manner.
24-12-6. Law enforcement officers testifying before any court in any criminal proceed ings shall not be compelled to reveal their home address but may be required to divulge the business address of their employer, except that the court may require any officer to answer questions as to his home address whenever such fact may be material to any issue in the case.
24-12-7. (a) No party or witness shall be required to testify as to any matter which may criminate or tend to criminate himself or which shall tend to bring infamy, disgrace, or public contempt upon himself or any member of his family.
(b) Except in proceedings in which a judgment creditor or his successor in interest seeks postjudgment discovery involving a judgment debtor pursuant to Code Section 9-11-69, no party or witness shall be required to testify as to any matter which shall tend to work a forfeiture of his estate.
(c) No party or witness shall be required to make discovery of the advice of his profes sional advisers or his consultation with them.
(d) No official persons shall be called on to disclose any state matters of which the policy of the state and the interest of the community require concealment.
24-12-8. No veterinarian licensed under Chapter 50 of Title 43 shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena. Any veterinarian releasing information under written authorization or other waiver by the client or under court order or subpoena shall not be liable to the client or any other person. The privilege provided by this Code section shall be waived to the extent that the veterinarian's client or the owner of the animal places the veterinarian's care and treat ment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding.
24-12-9. No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other govern mental unit, shall be required to release any medical information concerning a patient ex cept to the Department of Human Resources, its divisions, agents, or successors when re quired in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authori-

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zation or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written au thorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness.
24-12-10. As used in this Code section and Code Sections 24-12-11 through 24-12-14, the term:
(1) 'Confidential or privileged' means the protection afforded by law from unauthorized disclosure, whether the protection is afforded by law as developed and applied by the courts, by statute or lawful regulations, or by the requirements of the Constitutions of the State of Georgia or the United States. The term 'confidential or privileged' also includes protection afforded by law from compulsory process or testimony.
(2) 'Disclosure' means the act of transmitting or communicating medical matter to a person who would not otherwise have access thereto.
(3) 'Health care facility' means any institution or place in which health care is rendered to persons, which health care includes but is not limited to medical, psychiatric, acute, in termediate, rehabilitative, and long-term care.
(4) 'Laws requiring disclosure' means laws and statutes of the State of Georgia and of the United States and lawful regulations issued by any department or agency of the State of Georgia or of the Untied States which require the review, analysis, or use of medical matter by persons not originally having authorized access thereto. The term 'laws requiring disclo sure' also includes any authorized practice of disclosure for purposes of evaluating claims for reimbursement for charges or expenses under any public or private reimbursement or insur ance program.
(5) 'Limited consent to disclosure' means proper authorization given by or on behalf of a person entitled to protection from disclosure of medical matter and given for a specific purpose related to such person's health or related to such person's application for insurance or like benefits.
(6) 'Medical matter' means information respecting the medical or psychiatric condition, including without limitation the physical and the mental condition, of a natural person or persons, however recorded, obtained, or communicated.
(7) 'Physician' means any person lawfully licensed in this state to practice medicine and surgery pursuant to Chapter 34 of Title 43.
24-12-11. The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made.
24-12-12. Persons to whom confidential or privileged medical matter is disclosed in the circumstances described in Code Section 24-12-11 shall utilize such matter only in connec tion with the purpose or purposes of such disclosure and thereafter shall keep such matter in confidence. However, nothing in Code Sections 24-12-10 through 24-12-14 shall prohibit the use of such matter where otherwise authorized by law.
24-12-13. Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter dis closed pursuant to laws requiring disclosure or pursuant to limited consent to disclosure.

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24-12-14. Nothing in Code Sections 24-12-10 through 24-12-13 shall be construed to prevent the customary and usual audit, discussion, and presentation of cases in connection with medical and public education.
24-12-15. (a) Circulation and similar records of a library which identify the user of li brary materials shall not be public records but shall be confidential and may not be dis closed except:
(1) To members of the library staff in the ordinary course of business;
(2) Upon written consent of the user of the library materials or the user's parents or guardian if the user is a minor or ward; or
(3) Upon appropriate court order or subpoena.
(b) Any disclosure authorized by subsection (a) of this Code section or any unautho rized disclosure of materials made confidential by that subsection (a) shall not in any way destroy the confidential nature of that material, except for the purpose for which an author ized disclosure is made. A person disclosing material as authorized by subsection (a) of this Code section shall not be liable therefor.
24-12-16. AIDS confidential information as defined in Code Section 31-22-9.1 and dis closed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-12-17.
24-12-17. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Except as otherwise provided in this Code section:
(1) No person or legal entity which receives AIDS confidential information pursuant to this Code section or which is responsible for recording, reporting, or maintaining AIDS con fidential information shall:
(A) Intentionally or knowingly disclose that information to another person or legal en tity; or
(B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity; and
(2) No person or legal entity which receives AIDS confidential information which that person or legal entity knows was disclosed in violation of paragraph (1) of this subsection shall:
(A) Intentionally or knowingly disclose that information to another person or legal en tity; or
(B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity.
(c) AIDS confidential information may be disclosed to the person identified by that information or, if that person is a minor or incompetent person, to that person's parent or legal guardian.
(d) AIDS confidential information may be disclosed to any person or legal entity desig nated to receive that information when that designation is made in writing by the person identified by that information or, if that person is a minor or incompetent person, by that person's parent or legal guardian.
(e) AIDS confidential information may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if that information is authorized or required by law to be reported to that agency or department.
(f) The results of an HIV test may be disclosed to the person, or that person's desig nated representative, who ordered such tests of the body fluids or tissue of another person.
(g) When the patient of a physician has been determined to be infected with HIV and

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that patient's physician reasonably believes that the spouse or sexual partner or any child of the patient, spouse, or sexual partner is a person at risk of being infected with HIV by that patient, the physician may disclose to that spouse, sexual partner, or child that the patient has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made.
(h) (1) An administrator of an institution licensed as a hospital by the Department of Human Resources or a physician having a patient who has been determined to be infected with HIV may disclose to the Department of Human Resources:
(A) The name and address of that patient;
(B) That such patient has been determined to be infected with HIV; and
(C) The name and address of any other person whom the disclosing physician or admin istrator reasonably believes to be a person at risk of being infected with HIV by that patient.
(2) When mandatory and nonanonymous reporting of confirmed positive HIV tests to the Department of Human Resources is determined by that department to be reasonably necessary, that department shall establish by regulation a date on and after which such reporting shall be required. On and after the date so established, each health care provider, health care facility, or any other person or legal entity which orders an HIV test for another person shall report to the Department of Human Resources the name and address of any person thereby determined to be infected with HIV. No such report shall be made regarding any confirmed positive HIV test provided at any anonymous HIV test site operated by or on behalf of the Department of Human Resources.
(3) The Department of Human Resources may disclose that a person has been reported, under paragraph (1) or (2) of this subsection, to have been determined to be infected with HIV to the board of health of the county in which that person resides or is located if reason ably necessary to protect the health and safety of that person or other persons who may have come in contact with the body fluids of the HIV infected person. The Department of Human Resources or county board of health to which information is disclosed pursuant to this paragraph or paragraph (1) or (2) of this subsection:
(A) May contact any person named in such disclosure as having been determined to be an HIV infected person for the purpose of counseling that person and requesting therefrom the name of any other person who may be a person at risk of being infected with HIV by that HIV infected person;
(B) May contact any other person reasonably believed to be a person at risk of being infected with HIV by that HIV infected person for the purposes of disclosing that such infected person has been determined to be infected with HIV and counseling such person to submit to an HIV test; and *
(C) Shall contact and provide counseling to the spouse of any HIV infected person whose name is thus disclosed if both persons are reasonably likely to have engaged in sexual intercourse or any other act determined by the department likely to have resulted in the transmission of HIV between such persons within the preceding seven years and if that spouse may be located and contacted without undue difficulty.
(i) Any health care provider authorized to order an HIV test may disclose AIDS confi dential information regarding a patient thereof if that disclosure is made to a health care provider or health care facility which has provided, is providing, or will provide any health care service to that patient and as a result of such provision of service that health care provider or facility:
(1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or

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(2) Has a legitimate need for that information in order to provide that health care ser vice to that patient.
(j) A health care provider or any other person or legal entity authorized but not re quired to disclose AIDS confidential information pursuant to this Code section shall have no duty to make such disclosure and shall not be liable to the patient or any other person or legal entity for failing to make such disclosure. A health care provider or any other person or legal entity which discloses information as authorized or required by this Code section or as authorized or required by law or rules or regulations made pursuant thereto shall have no civil or criminal liability therefor.
(k) When any person or legal entity is authorized or required by this Code section or any other law to disclose AIDS confidential information to a person at risk of being infected with HIV and that person at risk is a minor or incompetent person, such disclosure may be made to any parent or legal guardian of the minor or incompetent person, to the minor or incompetent person, or to both the minor or incompetent person and any parent or legal guardian thereof.
(1) When an institutional care facility is the site at which a person is at risk of being infected with HIV and as a result of that risk a disclosure of AIDS confidential information to any person at risk at that site is authorized or required under this Code section or any other law, such disclosure may be made to the person at risk or to that institutional care facility's chief administrative or executive officer, or such officer's designee, in which case that officer or designee is authorized to make such disclosure to the person at risk.
(m) When a disclosure of AIDS confidential information is authorized or required by this Code section to be made to a physician, health care provider, or legal entity, that disclo sure may be made to employees of that physician, health care provider, or legal entity who have been designated thereby to receive such information on behalf thereof. Those desig nated employees may thereafter disclose to and provide for the disclosure of that informa tion among such other employees of that physician, health care provider, or legal entity, but such disclosures among those employees are only authorized when reasonably necessary in the ordinary course of business to carry out the purposes for which that disclosure is author ized or required to be made to that physician, health care provider, or legal entity.
(n) Any disclosure of AIDS confidential information authorized or required by this Code section or any other law and any unauthorized disclosure of such information shall in no way destroy the confidential nature of that information except for the purpose for which the authorized or required disclosure is made.
(o) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor.
(p) Nothing in this Code section or any other law shall be construed to authorize the disclosure of AIDS confidential information if that disclosure is prohibited by federal law, or regulations promulgated thereunder, nor shall anything in this Code section or any other law be construed to prohibit the disclosure of information which would be AIDS confiden tial information except that such information does not permit the identification of any person.
(q) A public safety agency or district attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-11-35.1, 1710-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record.
(r) Any person or legal entity required by an order of a court to disclose AIDS confiden tial information in the custody or control of such person or legal entity shall disclose that information as required by that order.
(s) AIDS confidential information may be disclosed as medical information pui-^aut to

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Code Section 24-12-9, relating to the release of medical information, or pursuant to any other law which authorizes or requires the disclosure of medical information if:
(1) The person identified by that information:
(A) Has consented in writing to that disclosure; or
(B) Has been notified of the request for disclosure of that information at least ten days prior to the time the disclosure is to be made and does not object to such disclosure prior to the time specified for that disclosure in that notice; or
(2) A superior court in an in camera hearing finds by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this paragraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal.
(t) (1) A superior court of this state may order a person or legal entity to disclose AIDS confidential information in its custody or control to:
(A) A prosecutor in connection with a prosecution for the alleged commission of reck less conduct under subsection (c) of Code Section 16-5-60;
(B) Any party in a civil cause of action; or
(C) A public safety agency or the Department of Human Resources if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identified by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV in fected person and provided the disclosure is necessary for the health and safety of that employee,
and for purposes of this subsection the term 'petitioner for disclosure' means any person or legal entity specified in subparagraph (A), (B), or (C) of this paragraph.
(2) An order may be issued against a person or legal entity responsible for recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the petitioner for disclosure demonstrates by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests.
(3) A petition seeking disclosure of AIDS confidential information under this subsection shall substitute a pseudonym for the true name of the person concerning whom the informa tion is sought. The disclosure to the parties of that person's true name shall be communi cated confidentially, in documents not filed with the court.
(4) Before granting any order under this subsection, the court shall provide the person concerning whom the information is sought with notice and a reasonable opportunity to participate in the proceedings if that person is not already a party.
(5) Court proceedings as to disclosure of AIDS confidential information under this sub section shall be conducted in camera unless the person concerning whom the information is sought agrees to a hearing in open court.
(6) Upon the issuance of an order that a person or legal entity be required to disclose AIDS confidential information regarding a person named in that order, that person or entity so ordered shall disclose to the ordering court any such information which is in the control

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or custody of that person or entity and which relates to the person named in the order for the court to make an in camera inspection thereof. If the court determines from that inspec tion that the person named in the order is an HIV infected person, the court shall disclose to the petitioner for disclosure that determination and shall impose appropriate safeguards against unauthorized disclosure which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibi tions on future disclosure.
(7) The record of the proceedings under this subsection shall be sealed by the court.
(8) An order may not be issued under this subsection against the Department of Human Resources, any county board of health, or any anonymous HIV test site operated by or on behalf of that department.
(u) A health care provider, health care facility, or other person or legal entity who, in violation of this Code section, unintentionally discloses AIDS confidential information, not withstanding the maintenance of procedures thereby which are reasonably adopted to avoid risk of such disclosure, shall not be civilly or criminally liable, unless such disclosure was due to gross negligence or wanton and willful misconduct.
(v) AIDS confidential information may be disclosed when that disclosure is otherwise authorized or required by Code Section 42-1-6, if AIDS or HIV infection is the communica ble disease at issue, or when that disclosure is otherwise authorized or required by any law which specifically refers to 'AIDS confidential information,' 'HIV test results,' or any similar language indicating a legislative intent to disclose information specifically relating to AIDS or HIV.
(w) A health care provider who has received AIDS confidential information regarding a patient from the patient's health care provider directly or indirectly under the provisions of subsection (i) of this Code section may disclose that information to a health care provider which has provided, is providing, or will provide any health care service to that patient and as a result of that provision of service that health care provider:
(1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or
(2) Has a legitimate need for that information in order to provide that health care ser vice to that patient.
(x) Neither the Department of Human Resources nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure is au thorized or required by this Code section or any other law, except that such information in those records shall not be a public record and shall not be subject to disclosure through subpoena, court order, or other judicial process.
(y) The protection against disclosure provided by Code Section 24-12-16 shall be waived and AIDS confidential information may be disclosed to the extent that the person identified by such information, his heirs, successors, assigns, or a beneficiary of such person, including but not limited to an executor, administrator, or personal representative of such person's estate:
(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim;
(2) Places such person's care and treatment, the nature and extent of his injuries, the extent of his damages, his medical condition, or the reasons for his death at issue in any civil or criminal proceeding; or
(3) Is involved in a dispute regarding coverage under any insurance policy or benefit plan.
(z) AIDS confidential information may be collected, used, and disclosed by an insurer in

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accordance with the provisions of Chapter 39 of Title 33, relating to the collection, use, and disclosure of information gathered by insurance institutions.
(z.l) In connection with any civil or criminal action in which AIDS confidential infor mation is disclosed as authorized or required by this Code section, the party to whom that information is thereby disclosed may subpoena any person to authenticate such AIDS confi dential information, establish a chain of custody relating thereto, or otherwise testify re garding that information, including but not limited to testifying regarding any notifications to the patient regarding results of an HIV test. The provisions of this subsection shall apply as to records, personnel, or both of the Department of Human Resources or a county board of health notwithstanding Code Section 50-18-72, but only as to test results obtained by a prosecutor under subsection (q) of this Code section and to be used thereby in a prosecution for reckless conduct under subsection (c) of Code Section 16-5-60."
CHAPTER 13
ARTICLE 1
24-13-1. A witness shall not be arrested on any civil process while going to or returning from and attending on any court. An officer who holds him imprisoned after seeing his sub poena or being satisfied of the fact shall be liable for false imprisonment.
24-13-2. Female witnesses in civil cases pending in the courts of this state shall be re quired to attend in person under the same conditions and requirements that apply to male witnesses.
24-13-3. A witness in making a claim or proof of a claim for fees for attendance shall indicate the date on which he attended and, in the event of a continuance, shall not claim or receive fees for any day after the date to which the docket shows the case was continued nor for any day before the continuance was granted on which he did not attend.
24-13-4. (a) A witness shall not receive any fees whatever for attendance on a subpoena if he is absent from the trial, or if the trial is continued at any time for his absence, where his absence did not arise from providential cause.
(b) No witness shall receive fees from both parties in the same case; the fees of a wit ness for both parties shall be apportioned equally between the parties unless the costs are all taxed against one party.
24-13-5. A witness who claims more than is due to him shall forfeit all his fees and shall pay to the injured party, in addition thereto, four times the amount so unjustly claimed.
24-13-6. When any person is served with a subpoena for the production of evidence or a notice to produce, seeking books in his possession to be used as testimony on the trial of any cause, if the person makes oath that he cannot produce the books required without suffering a material injury in his business and also makes or causes to be made out a full transcript from the books of all the accounts and dealings with the opposite party, has the transcript examined and sworn to by an impartial witness, and produces the same in court, he shall be deemed to have complied with the notice to produce or subpoena for the production of evidence.
24-13-7. When the transcript provided for in Code Section 24-13-6 is produced in court, if the adverse party is dissatisfied therewith and swears that he believes that the books contain entries material to him which do not appear in the transcript, the court will grant him a commission directed to certain persons named by the parties and approved by the court. The commission shall cause the person with possession of the books to produce the books required, the person swearing that the books produced are all that he has or had that answer to the description in the subpoena or notice to produce. The commission shall ex amine the books and transmit to the court a full and fair statement of the accounts and entries between the parties under their hand. When received by the court, the statement of the commission shall be deemed a compliance with the notice to produce or subpoena for the production of evidence.

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24-13-8. Parties interested and participating in the trial of all cases tried in the courts are authorized and empowered, on the order of the court trying the case, to withdraw from the court and record of the case all original deeds, maps, blueprints, notes, papers, and documents belonging to them and which are introduced in evidence on the trial, on substi tuting therefor, when required by the court, copies thereof, verified as such by the parties or their agents, representatives, or attorneys. However, if any such deeds, maps, blueprints, notes, papers, or documents shall be attacked by any party to the case as forgeries, or as not being genuine originals, it shall be in the discretion of the court to require the originals, deeds, maps, blueprints, notes, papers, or documents so attacked to remain on file in the court as a part of the record in the case.
ARTICLE 2
Part 1
24-13-20. (a) Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(b) The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.
24-13-21. At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state.
24-13-22. (a) A subpoena may also command the person to whom it is directed to pro duce books, papers, documents, or tangible things designated therein.
(b) The court, upon written motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may:
(1) Quash or modify the subpoena if it is unreasonable and oppressive; or
(2) Condition denial of the motion upon the advancement by the person in whose be half the subpoena is issued of the reasonable cost of producing the books, papers, docu ments, or tangible things.
24-13-23. A subpoena may be served by any sheriff, by his deputy, or by any other person not less than 18 years of age. Proof may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima-facie proof of service. Service upon a party may be made by serving his counsel of record.
24-13-24. The witness fee shall be $10.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance; but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's attendance plus mileage of 20 per mile for traveling expenses for going from and returning to his place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currency or postal money order or by cashier's or certified check. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered.
24-13-25. (a) Subpoenas may be enforced by attachment for contempt and by a fine not exceeding $300.00 and imprisonment not exceeding 20 days. In all cases under this Code section, the court shall consider whether under the circumstances of each case the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required.
(b) The court may also in appropriate cases grant continuance of the cause. Where

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subpoenas were issued in blank, no continuance shall be granted because of failure to re spond thereto when the party obtaining them fails to present to the clerk the name and address of the witness so subpoenaed at least six hours before appearance is required.
24-13-26. Where a party desires to compel production of books, writings, or other docu ments or tangible things in the possession, custody, or control of another party, in lieu of serving a subpoena under this article, the party desiring the production may serve a notice to produce upon counsel for the other party. Service may be perfected in accordance with Code Section 24-13-23, but no fees or mileage shall be allowed therefor. Such notices may be enforced in the manner prescribed by Code Section 24-13-25, and Code Section 24-13-22 shall also apply to such notices. The notice shall be in writing, signed by the party seeking production of the evidence, or his attorney, and shall be directed to the opposite party or his attorney.
24-13-27. (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prose cuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the chief of police, the sheriff, the superintendent of the institution, the director of public safety of a college or university, or the state fire marshal or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.
(b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 who shall be required by writ of sub poena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 2410-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attend ance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the chief of police, the sheriff, the superintendent of the insti tution, or the director of public safety of a college or university shall certify that the claim-

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ant has not received any overtime pay for his attendance and that his attendance was re quired during hours other than regular duty hours.
(2) Any law enforcement officer covered by paragraph (1) of this subsection who is re quired by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the law enforcement duties of such officer, shall be compensated as provided in Code Section 24-13-24.
(c) The fee specified by subsections (a) and (b) of this Code section shall not be paid if the law enforcement officer receives any overtime pay for time spent attending such court pursuant to the writ of subpoena.
(d) For the purposes of this Code section, the term 'regular duty hours' means the daily shift of duty to which such officer is assigned and shall not include paid or unpaid vacation, paid or unpaid sick leave, paid or unpaid holiday or any other paid or unpaid leave status established pursuant to the personnel regulations or scheduling practices of the employing agency.
24-13-28. No member of the General Assembly of Georgia shall be compelled to attend and give testimony at any hearing or trial or to produce books, papers, documents or other tangible things while the General Assembly is in regular or extraordinary session.
24-13-29. This article shall apply to all civil cases and, insofar as consistent with the Constitution, to all criminal cases.
Part 2
24-13-40. (a) Any party to an application for injunction, motion for new trial, or other case tried only on affidavits who desires to introduce into evidence the affidavit of any wit ness not a party to the record and who is unwilling to make affidavit may apply to the clerk of the superior court where the action is pending for a subpoena to compel the attendance of such witness at the hearing, subject to the rules applicable to the case of ordinary wit nesses. Written questions may be prepared by the party desiring the evidence; and the wit ness shall answer such questions in the presence of the judge or of some person to be desig nated as commissioner by the judge, who may swear the witness to testify truly in answer to the questions propounded. The answers of the witness shall be written down, sworn to, and subscribed by the witness at the hearing. If the witness at the hearing consents, an affidavit containing the facts may be prepared and may then be sworn to by the witness. No crossexamination shall be allowed.
(b) When any application for injunction, motion for new trial, or other case tried only on affidavits is heard in any county other than the county in which the action is pending, any party to such injunction, motion for new trial, or other case who desires to introduce into evidence the affidavit of any witness not a party to the record and unwilling to make affidavit may prepare written questions to elicit the information he desires. On application, the clerk of the superior court of the county in which the action is pending and in which the witness resides shall issue a subpoena requiring the witness to attend before some officer of the county named therein, authorized to administer oaths, on a day therein fixed, to answer the questions. The answers shall be reduced to writing and sworn to by the officer who shall forward or deliver the questions and answers to the clerk of the court in which the case is pending, as in the case of interrogatories. It shall be the duty of the clerk to enter on the questions and on the answers a certificate of the date of receipt and from whom or in what manner he received them, to sign the same, and, on application of the party or his counsel interrogating the witness, to deliver the same to him.
24-13-41. If the witness whose affidavit is desired resides out of the county in which the case is pending or falls within any of the classes for whom interrogatories must be taken in ordinary cases, the party desiring to use such witness's testimony in the cases referred to in Code Section 24-13-40 may prepare written questions to elicit the information he desires. On application, the clerk of the superior court of the county in which the witness resides shall issue a subpoena requiring the witness to attend before some officer of the county, named therein, authorized to administer oaths, on a day therein fixed, to answer the ques-

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tions. The answers shall be reduced to writing and sworn to before the officer who shall forward or deliver the questions and answers to the clerk of the court where the case is pending, as in cases of interrogatories.
24-13-42. If, due to the condition of his health or the nature of his business, it is not possible to secure the attendance of the witness without manifest inconvenience to the pub lic and to himself, on the day named in the subpoena the officer shall proceed to the resi dence of the witness and take the answers to the questions.
24-13-43. The fees of the officer shall be paid by the party desiring the testimony and may be taxed against the party against whom costs are taxed on the final trial.
24-13-44. The provisions of this chapter in relation to subpoenas for the production of evidence and notices to produce shall be applicable to the cases specified in Code Section 24-13-40.
24-13-45. Any witness summoned under Code Sections 24-13-40 through 24-13-44 who fails or refuses to obey the subpoena shall be liable for the penalties prescribed in the case of defaulting witnesses in the superior court.
ARTICLE 3
24-13-60. (a) When a prisoner confined in any state prison, county correctional institu tion, or other penal institution under the jurisdiction of the Board of Corrections, other than a prisoner under a death sentence, is needed as a witness in any civil or criminal pro ceeding in any court of record in this state or when it is desired that such person stand trial on an indictment or accusation charging him with commission of a felony or misdemeanor, the judge of the court wherein the proceeding is pending is authorized to and shall issue an ex parte order, directed to the Board of Corrections, requiring his delivery to the sheriff of the county where the prisoner is desired as a witness or defendant. The sheriff or his depu ties shall take custody of the prisoner on the date named in the order, safely keep him pending the proceeding, and shall return him to the original place of detention after his discharge by the trial judge.
(b) If the prisoner was desired as a witness by the state in a criminal proceeding or if the prisoner's release to the sheriff was for the purpose of standing trial on criminal charges, the county wherein the case was pending shall pay all expenses of transportation and keep ing, including per diem and mileage of the sheriff, jail fees, and any other proper expense approved by the trial judge.
(c) If the prisoner was desired as a witness by the defendant in a criminal proceeding, or by either party to a civil proceeding, the costs and expenses referred to in subsection (b) of this Code section shall be borne by the person requesting the prisoner as a witness. The court shall require a deposit of money sufficient to defray same, except where the judge, after examining into the matter, determines that the prisoner's presence is required by the ends of justice and that the party requesting it is financially unable to make the deposit, in which case the expenses shall be taxed as costs of court.
(d) If a prisoner under a death sentence is needed as a witness for either the prosecu tion or the defense in any felony case, the requesting party may interview the proposed witness. Following such interview, the requesting party may move for a writ of habeas corpus and testificandum. Such motion shall be accompanied by a proffer of the testimony of the proposed witness. The requesting party shall make such motion and proffer as soon as possible but shall not make such motion later than 20 days prior to the date of the trial. Nothing in this Code section shall limit the right of a party from presenting a material witness at a hearing or trial and to have compulsory process for that purpose.
24-13-61. Any judge of the superior court may issue his order to any officer having a lawfully imprisoned person in his custody, requiring the production of such person before his court for the purpose of giving evidence in any criminal cause pending therein, without any formal application or writ of habeas corpus for that purpose.

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24-13-62. The writ of habeas corpus ad testificandum may be issued by the superior court to cause the production in court of any witness under legal imprisonment.
ARTICLE 4
24-13-70. As used in this article, the term:
(1) 'Institution' shall have the meaning set forth in subsection (a) of Code Section 31-71 and shall also include a psychiatric hospital as defined in paragraph (7) of Code Section 37-3-1.
(2) 'Medical records' means all written clinical information which relates to the treat ment of individuals when such information is kept in an institution.
(3) 'Patient' means any natural person to whom information contained in medical records relates directly, whether or not the person has been discharged from the institution keeping medical records.
24-13-71. (a) Where it appears that medical records for which a subpoena or order for production has been issued should be kept in an institution as reasonably necessary for the treatment of a patient, the court in which admission is sought shall order that reproduction of the medical records shall be made, the reproduction when duly certified to be admissible in place of the medical records.
(b) Where it does not so appear that medical records should be kept in an institution, an institution upon request at any time shall be permitted to substitute reproductions for medical records, provided such reproductions shall be accompanied by a certificate executed by the person responsible for keeping medical records that the reproductions are true and accurate copies of the medical records.
(c) A court upon good cause shown may order that available medical records be pro duced to determine the accuracy of reproductions made pursuant to this Code section.
24-13-72. (a) An institution, as such, and its personnel shall be in compliance with a subpoena or order for production if it shows timely delivery of the medical records or substi tutes and certificate to the clerk of court or other authorized person (by way of illustration, counsel seeking production in discovery proceedings) by any means, including, but not lim ited to, certified or registered mail.
(b) A certificate signed before a notary public or other officer authorized to administer oaths shall excuse the personal appearance of any person responsible for keeping medical records. No sanction or remedy for contempt shall be applied against any such person or institution unless a subpoena or order expressly commanding the person's presence has been issued by authority of the court or body for good cause shown, such cause and authority appearing of record and on the face of the subpoena or order.
24-13-73. The court or agency compelling the production of medical records or of repro ductions thereof pursuant to subsections (a) and (c) of Code Section 24-13-71 shall in civil cases and administrative proceedings, except upon pauper's affidavit, provide for payment in advance to the institution keeping the records of the reasonable costs of reproduction and reasonable costs incident to the transportation of the records. No institution or person shall be held in contempt or otherwise penalized for failure of production unless it appears of record that the costs provided in this Code section have been established and tendered. When the institution, at the time of service of a subpoena or order for production, is a party to the proceeding, the court or agency may in its discretion defer such costs and award them with the other costs in the proceeding.
24-13-74. When medical records are removed from any institution to the custody of a court pursuant to a subpoena or order, the records so removed shall be kept in the custody of the clerk of the court or the clerk or secretary of an administrative agency and shall be open to inspection according to the terms of the subpoena or order or modification thereof. Upon completion of the necessity for their use, the records shall be promptly returned by the party compelling production to the institution from which they came.

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24-13-75. This article applies to all situations for which subpoenas may issue or for which production may be sought, including, but not limited to, trials, hearings, and discovery.
24-13-76. (a) Nothing in this article shall be deemed to restrict the admissibility of evidence heretofore determined admissible by law nor to be in derogation of the right of a person on trial for an alleged criminal offense to confront and cross-examine witnesses against him when such right is asserted.
(b) Nothing contained in this article shall be deemed to abrogate or repeal any law or rule of evidence respecting the use of confidences, such as that provided in Code Section 2412-1, relating to communications between psychiatrist and patient.
ARTICLE 5
24-13-90. This article shall be known and may be cited as 'The Uniform Act to Secure the Attendance of Witnesses From Without the State.'
24-13-91. As used in this article, the term:
(1) 'Penal institution' means a jail, prison, penitentiary, house of correction, or other place of penal detention.
(2) 'State' means any state or territory of the United States and the District of Columbia.
(3) 'Summons' means a subpoena, order, or other notice requiring the appearance of a witness.
(4) 'Witness' means a person whose testimony is desired in any proceeding or investiga tion by a grand jury or in a criminal action, prosecution, or proceeding held by the prosecu tion or the defense, including a person who is confined in a penal institution in any state.
24-13-92. (a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certi fies under the seal of such court that there is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence, that a person within this state is a material witness in such prosecution or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which the person is found, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing. The witness shall at all times be entitled to counsel.
(b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to him protection from arrest and the service of civil and criminal pro cess, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or, where a grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In any such hearing the certificate shall be prima-facie evidence of all the facts stated therein.
(c) If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that the witness be forth with brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima-facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the request ing state.

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(d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 12 a mile for each mile by the ordinarily trav eled route to and from the court where the prosecution is pending and $25.00 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
24-13-93. (a) A judge of a state court of record in another state which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state may certify that there is a criminal proceeding or investiga tion by a grand jury or a criminal action pending in the court, that a person who is confined in a penal institution in this state is a material witness in the proceeding, investigation, or action, and that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined and upon notice to the Attorney General, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.
(b) If at the hearing the judge determines that the witness is material and necessary, that his attending and testifying are not adverse to the interest of this state or to the health and legal rights of the witness, that the laws of the state in which he is required to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, directing the witness to attend and testify, directing the person having custody of the witness to produce him in the court where the criminal action is pending or where the grand jury investigation is pending at a time and place specified in the order, and prescribing such conditions as the judge shall determine. The judge, in lieu of directing the person having custody of the witness to pro duce him in the requesting jurisdiction's court, may direct and require in his order that the requesting jurisdiction shall come to the Georgia penal institution in which the witness is confined to accept custody of the witness for physical transfer to the requesting jurisdiction; that the requesting jurisdiction shall provide proper safeguards on his custody while in transit; that the requesting jurisdiction shall be liable for and shall pay all expenses incurred in producing and returning the witness, including, but not limited to, food, lodging, clothing, and medical care; and that the requesting jurisdiction shall promptly deliver the witness back to the same or another Georgia penal institution as specified by the Department of Corrections at the conclusion of his testimony.
(c) The order to the witness and to the person having custody of the witness shall pro vide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdic tion for all expenses incurred in the production and return of the witness and may prescribe such other conditions as the judge thinks proper or necessary. If the judge directs and re quires the requesting jurisdiction to accept custody of the witness at the Georgia penal insti tution in which the witness is confined and to deliver the witness back to the same or an other Georgia penal institution at the conclusion of his testimony, no prepayment of expenses shall be necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
(d) This Code section does not apply to any person in this state confined as insane or mentally ill or under sentence of death.
24-13-94. (a) If a person in any state which by its laws has made provision for com manding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation which

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has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(b) If the witness is summoned to attend and testify in this state, he shall be tendered the sum of 12<t a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $25.00 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such wit ness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
24-13-95. (a) If a person confined in a penal institution in any other state is a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify that there is a criminal proceeding or investiga tion by a grand jury or a criminal action pending in the court, that a person who is confined in a penal institution in the other state is a material witness in the proceeding, investigation, or action, and that his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.
(b) The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.
24-13-96. (a) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
(b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
24-13-97. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it and shall be applicable only to such state as shall enact reciprocal powers to this state relative to the matter of securing attendance of witnesses as provided in this article.
ARTICLE 6
24-13-110. This article may be cited as 'Uniform Foreign Depositions Act.'
24-13-111. Whenever any mandate, writ, or commission is issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceed ings pending in this state.
24-13-112. This article shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.

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ARTICLE 7
24-13-130. At any time after the filing of an indictment, special presentment, or accusa tion, the court may, upon motion of a party and after notice to the parties, order that the testimony of a prospective witness of a party be taken by deposition and that any desig nated book, paper, document, record, recording, or other material not privileged be pro duced at the same time and place. The court shall not order the taking of the witness's testimony unless it appears to the satisfaction of the court that the witness is in imminent danger of death or that the witness has been threatened with death or great bodily harm because of the witness's status as a potential witness in any criminal trial or proceeding.
24-13-131. The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall produce him at the examination and keep him in the presence of the witness during the examination. A defend ant not in custody shall have the right to be present at the examination; but his failure, absent good cause shown, to appear, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
24-13-132. If a defendant is without counsel, the court shall advise him of his rights and assign counsel to represent him, unless the defendant elects to proceed without counsel or is able to obtain counsel of his own choice. Whenever a deposition is taken at the instance of the state, the cost of any such deposition shall be paid out of such funds as are available to meet the costs of prosecution which are the responsibility of the state to meet. Depositions taken at the instance of a defendant shall be paid for by the defendant; provided, however, that, whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of the taking of the deposition, the court shall direct that the reasonable expenses of travel and subsistence of the defendant and his attorney for attendance at the examina tion be paid for out of the fine and forfeiture fund of the county where venue is laid.
24-13-133. A deposition shall be taken and filed in the manner provided in civil actions, provided that (1) in no event shall a deposition be taken of a party defendant without his consent and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the defendant, the court may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. Such request shall constitute a waiver of any objection to the taking and use of the deposi tion based upon its being so taken.
24-13-134. The state shall make available to the defendant, for his examination and use at the taking of the deposition, any statement of the witness being deposed which is in the possession of the state and which the state would be required to make available to the defendant if the witness were testifying at the trial.
24-13-135. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears that the witness is dead. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts.
24-13-136. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.
24-13-137. Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment.

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ARTICLE 8
24-13-150. Superior courts may entertain proceedings for the perpetuation of testimony in all cases in which the fact to which the testimony relates cannot immediately be made the subject of investigation at law and in which, for any cause, the common-law proceeding authorized under this Code is not as available, or as completely available, as a proceeding in equity.
24-13-151. A petition for discovery merely or to perpetuate testimony shall not be sus tained unless some reason is shown why the usual proceeding at law is inadequate.
24-13-152. The possession of the property is immaterial; nor shall the proceeding be denied though all parties in interest cannot be ascertained or reached.
24-13-153. Testimony taken in the proceedings contemplated under Code Section 2413-150 shall be used only from the necessity of the case, but in such case may be used against all persons, whether parties to the proceeding or not.
24-13-154. The complainant shall in all cases be taxed with the costs of proceedings to perpetuate testimony.
CHAPTER 14
24-14-1. The burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of such fact is essential. If a negation or negative affirmation is essential to a party's case or defense, the proof of such negation or negative affirmation lies on the party so affirming it.
24-14-2. What amount of evidence will change the onus or burden of proof is a question to be decided in each case by the sound discretion of the court.
24-14-3. Moral and reasonable certainty is all that can be expected in legal investiga tion. In all civil cases a preponderance of evidence is considered sufficient to produce mental conviction. In criminal cases a greater strength of mental conviction is held necessary to justify a verdict of guilty.
24-14-4. In determining where the preponderance of evidence lies, the jury may con sider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity for knowing the facts to which they testified, the nature of the facts to which they testified, the probability or improbability of their testi mony, their interest or want of interest, and their personal credibility so far as the same may legitimately appear from the trial. The jury may also consider the number of the wit nesses, though the preponderance is not necessarily with the greater number.
24-14-5. Whether dependent upon direct or circumstantial evidence, the true question in criminal cases is not whether it is possible that the conclusion at which the evidence points may be false, but whether there is sufficient evidence to satisfy the mind and con science beyond a reasonable doubt.
24-14-6. To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.
24-14-7. The existence of a fact testified to by one positive witness is to be believed, rather than that such fact did not exist because many other witnesses who had the same opportunity of observation swear that they did not see or know of its having existed. This rule shall not apply when two parties have equal facilities for seeing or hearing a thing and one swears that it occurred while the other swears that it did not.
24-14-8. The testimony of a single witness is generally sufficient to establish a fact. However, in certain cases, including prosecutions for treason, prosecutions for perjury, and felony cases where the only witness is an accomplice, the testimony of a single witness is not sufficient. Nevertheless, corroborating circumstances may dispense with the necessity for the testimony of a second witness, except in prosecutions for treason.

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24-14-9. In arriving at a verdict, the jury, from facts proved, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically consequent on those proved.
24-14-10. Presumptions are either of law or of fact. Presumptions of law are conclusions and inferences which the law draws from given facts. Presumptions of fact are exclusively questions for the jury, to be decided by the ordinary test of human experience.
24-14-11. Certain presumptions of law, such as the presumption of innocence, in some cases the presumption of guilt, the presumption of continuance of life for seven years, the presumption of a mental state once proved to exist, and all similar presumptions, may be rebutted by proof.
24-14-12. If a party has evidence in his power and within his reach by which he may repel a claim or charge against him but omits to produce it, or if he has more certain and satisfactory evidence in his power but relies on that which is of a weaker and inferior nature, a presumption arises that the charge or claim against him is well founded; but this presump tion may be rebutted.
24-14-13. In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise he is presumed to admit the propriety of the acts mentioned in the letter of his correspondent and to adopt them.
24-14-14. (a) Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored.
(b) Estoppels include presumptions in favor of:
(1) A record of judgment unreversed;
(2) The proper conduct of courts and judicial officers acting within their legitimate spheres;
(3) The proper conduct of other officers of the law after the lapse of time has rendered it dangerous to open the investigation of their acts in regard to mere formalities of the law;
(4) Ancient deeds and other instruments more than 30 years old, when they come from proper custody and possession has been held in accordance with them;
(5) Recitals in deeds, except payment of purchase money, as against a grantor, sui juris, acting in his own right, and his privies in estate, blood, and in law;
(6) A landlord's title as against his tenant in possession;
(7) Solemn admissions made in judicio;
(8) Admissions upon which other parties have acted, either to their own injury or to the benefit of the persons making the admissions.
Estoppels also include all similar cases where it would be more unjust and productive of evil to hear the truth than to forbear investigation.
24-14-15. (a) Where an estoppel relates to the title to real estate, the party claiming to have been influenced by the other party's acts or declarations must not only have been ignorant of the true title, but also ignorant of any convenient means of acquiring such knowledge.
(b) Where both parties have equal knowledge or equal means of obtaining the truth, there shall be no estoppel.
24-14-16. Trustees and other representatives with custody of papers have ample oppor tunities to discover defects in the title of property in their care and are estopped from set ting up title adverse to their trust.
24-14-17. In order for an equitable estoppel to arise, there must generally be some in tended deception in the conduct or declarations of the party to be estopped, or such gross

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negligence as to amount to constructive fraud, by which another has been misled to his injury.
24-14-18. (a) Concordance of name alone is some evidence of identity. Residence, voca tion, ownership of property, and other like facts may be proved. Reasonable certainty is all that can be required.
(b) In civil actions parties are generally relieved from the onus of proving identity, as it is a fact generally more easily disproved than established.
24-14-19. An officer de facto may be proved to be such by his acts, without the produc tion of his commission or appointment.
24-14-20. A judgment shall be admissible between any parties to show the fact of the rendition thereof; between parties and privies it is conclusive as to the matter directly in issue, until reversed or set aside.
24-14-21. Stern's United States calendar and Stafford's office calendar shall be admissi ble in proof of dates for the space of time covered by them respectively without further proof.
24-14-22. In all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such person.
24-14-23. (a) In addition to any other lawful methods of computing the value of the life of a decedent in wrongful death cases or of determining the present value of future due earnings or amounts in cases involving permanent personal injuries, there shall be admissi ble in evidence, as competent evidence in such cases, either or both of the following mortal ity tables:
(1) The Commissioners 1958 Standard Ordinary Mortality Table;
(2) Annuity Mortality Table for 1949, Ultimate.
(b) In addition to the provisions set out in subsection (a) of this Code section, the jury or court shall be authorized in cases of wrongful death or permanent personal injuries to use any table determined by the jury or court, whichever is the trier of fact, to be accurate in showing the value of annuities on single lives according to the mortality tables listed in subsection (a) of this Code section.
(c) The admissible evidence provided for in subsections (a) and (b) of this Code section shall not be the exclusive method which the jury or court hereafter is required to use in such cases but shall be supplementary to other lawful and allowable evidence and method for such purpose otherwise obtaining in this state.
CHAPTER 15
24-15-1. Parol contemporaneous evidence is generally inadmissible to contradict or vary the terms of a valid written instrument.
24-15-2. If the writing does not purport to contain all the stipulations of the contract, parol evidence shall be admissible to prove other portions thereof not inconsistent with the writing; so collateral undertakings between parties of the same part among themselves would not properly be looked for in the writing.
24-15-3. (a) All contemporaneous writings shall be admissible to explain each other.
(b) Parol evidence shall be admissible to explain all ambiguities, both latent and patent.
24-15-4. The surrounding circumstances are always proper subjects of proof to aid in the construction of contracts.
24-15-5. Evidence of known and established usage shall be admissible to aid in the con struction of contracts as well as to annex incidents.
24-15-6. Parol evidence shall be admissible to rebut an equity, to discharge an entire

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contract, to prove a new and distinct subsequent agreement, to enlarge the time of perform ance, or to change the place of performance.
24-15-7. Parol evidence is admissible to prove a mistake in a deed or any other contract required by law to be in writing.
24-15-8. Parol evidence shall be admissible to show that a writing either was originally void or subsequently became so.
24-15-9. Receipts for money are always only prima-facie evidence of payment and may be denied or explained by parol.
24-15-10. Blank endorsements of negotiable paper may always be explained between the parties themselves or those taking with notice of dishonor or of the actual facts of such endorsements."
Section 2. Part 4 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to proceedings involving the Department of Banking and Finance, is amended by striking Code Section 7-1-94, relating to records of examinations or investiga tions of financial institutions as evidence, which reads as follows:
"7-1-94. (a) The record of any examination or investigation of a financial institution by the department or the report by the examiner or employee of the department who con ducted such examination or investigation or a copy of either, when duly certified by the department, shall, in the absence of any applicable privilege, be admissible and constitute prima-facie evidence of facts therein stated, but not of conclusions drawn by the examiner from such facts, in any action at law or equity in which one of the parties is the department or any officer or employee thereof, either in his official capacity or otherwise, or the financial institution subjected to examination or investigation.
(b) The department, with the permission of the court, may edit out of any report to be admitted as evidence pursuant to subsection (a) of this Code section any portion of the report which is not pertinent to the issue in question before the court or which would tend unnecessarily to affect adversely the public confidence in the financial institution.",
and inserting in lieu thereof a new Code Section 7-1-94 to read as follows:
"7-1-94. When the record of any examination or investigation of a financial institution by the department or the report by the examiner or employee of the department who con ducted such examination or investigation is admissible in evidence under Title 24, the de partment, with the permission of the court, may edit out of the record or report any portion thereof which is not pertinent to the issue in question before the court or which would tend unnecessarily to affect adversely the public confidence in the financial institution."
Section 3. Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions relative to civil practice and procedure, is amended by striking Code Section 9-10-6, relating to juror's private knowledge, and inserting in lieu thereof a new Code Section 9-10-6 to read as follows:
"9-10-6. A juror shall not act on his private knowledge respecting the facts, witnesses, or parties."
Section 4. Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to petroleum products, is amended by striking Code Section 10-1-157, relating to collection and testing of samples of petroleum products and analyses as evidence, and inserting in lieu thereof a new Code Section 10-1-157 to read as follows:
"10-1-157. The Commissioner of Agriculture shall, from time to time, collect or cause to be collected samples of all petroleum products subject to regulation under this part which are sold, offered, or exposed for sale in this state and cause such samples to be tested or analyzed by the state oil chemist."
Section 5. Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, is amended by

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striking Code Section 10-1-444, relating to certificates and their use as evidence, and in serting in lieu thereof a new Code Section 10-1-444 to read as follows:
"10-1-444. Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the trademark or service mark; the date claimed for the first use of the trademark or service mark any where and the date claimed for the first use of the trademark or service mark in this state; the class of goods or services and a description of the goods or services on which the trade mark or service mark is used; the reproduction of the trade mark or service mark; the regis tration date; and the term of the registration."
Section 6. Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," is amended by striking Code Section 10-4-15, relating to inspections of warehouses and reports as evidence, and inserting in lieu thereof a new Code Section 10-4-15 to read as follows:
"10-4-15. In addition to the general powers conferred by Code Section 10-4-5, the Com missioner and his duly authorized agents or employees shall have full power and authority to inspect public warehouses operated under this article, to inventory, and to check the agricultural products stored so as to ascertain the conditions of such products and to deter mine whether or not the business is conducted in such a manner as to protect the interest of persons who are storing or may store such products. The inspectors shall make sworn re ports of their findings to the Commissioner, who shall hold and keep such reports in the records of his office. Such inspections shall be made as often as deemed necessary by the Commissioner, but not less than twice during any license period and, in addition, as often as requested by the warehouseman."
Section 7. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," is amended by striking Code Section 10-5-22, relating to the burden of proving exemptions and admissibility of copies of records, and inserting in lieu thereof a new Code Section 10-5-22 to read as follows:
"10-5-22. (a) In a civil or administrative proceeding under this chapter, a person claim ing an exemption or an exception from a definition has the burden of proving this exemp tion or exception.
(b) In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming the exemption or exception.
(c) In any action, civil or criminal, a certificate signed and sealed by the commissioner, stating compliance or noncompliance with this chapter, shall constitute prima-facie evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action."
Section 8. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-38, relating to the nature and effect of adjudication in juvenile proceedings and the use of the disposition of a child and evidence, and inserting in lieu thereof a new Code Section 15-11-38 to read as follows:
"15-11-38. (a) An order of disposition or other adjudication in a proceeding under this article is not a conviction of a crime and does not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment.
(b) Except as otherwise provided in subsection (d) of Code Section 24-6-609, the dispo sition of a child and evidence adduced in a hearing in the juvenile court may not be used against him in any proceeding in any court other than for a proceeding for delinquency or

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unruliness, whether before or after reaching majority, except in dispositional proceedings after conviction of a felony for the purposes of a presentence investigation and report.
(c) A child shall not be committed to a penal institution or other facility used primarily for the execution of sentences of persons convicted of a crime."
Section 9. Code Section 15-18-14.1 of the Official Code of Georgia Annotated, relating to investigators for district attorneys, is amended by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) No person appointed pursuant to this Code section shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, includ ing the power of arrest, except as may be authorized by law. An investigator appointed pursuant to this Code section shall:
(1) Serve as a liaison between the district attorney's office and the sheriffs' and other law enforcement agencies within the judicial circuit;
(2) Assist victims and witnesses of crimes through the complexities of the criminal jus tice system and ensure that victims of crime are apprised of the rights afforded them under Chapter 14 of Title 17, relating to restitution to victims of crime, and Code Section 24-6634, relating to the presence of crime victims in the courtroom;
(3) Assist the attorneys within the district attorney's office in the preparation of cases for preliminary hearings, presentation to a grand jury, pretrial hearings, and trial;
(4) Assist the sheriffs and other peace officers within the judicial circuit in the applica tion for warrants and the preparation of case reports which are required by law or which are necessary for the prosecution of the case;
(5) Provide such other assistance to the sheriffs and other peace officers as may be authorized by law or which may be mutually agreed on between the district attorney and the sheriff or head of the law enforcement agency or agencies involved; and
(6) Perform such other duties as are required by the district attorney."
Section 10. Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, is amended by striking Code Section 16-12-55, relating to cer tification of the tax-exempt status of organizations and the evidentiary nature of such certif icates, and inserting in lieu thereof a new Code Section 16-12-55 to read as follows:
"16-12-55. The director shall upon the request of any prosecuting attorney or his designee certify the status of any organization as to that organization's exemption from payment of state income taxes as a nonprofit organization. The director shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a bingo game. Code Section 48-7-60, relative to the disclosure of income tax infor mation, shall not apply to the furnishing of such certificate."
Section 11. Article 2 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to commitment hearings, is amended by striking Code Section 17-7-28, relating to hearing of evidence by a court of inquiry generally, and inserting in lieu thereof a new Code Section 17-7-28 to read as follows:
"17-7-28. The court of inquiry shall hear all legal evidence submitted by either party. If the defendant wishes to testify and announces in open court before the court of inquiry his intention to do so, he may testify in his own behalf. If he so elects, he shall be sworn as any other witness and may be examined and cross-examined as any other witness. The rules of evidence shall apply except that hearsay may be allowed. The failure of a defendant to testify shall create no presumption against him, and no comment may be made because of such failure."
Section 12. Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to arraignment and pleas generally, is amended by striking Code Section 17-7-93, relating to reading of an indictment or accusation, the answer of the accused, recordation of

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pleas, and judgments, and Code Section 17-7-95, relating to entry of a plea of nolo contendere in a noncapital felony case and use of such a plea in other judicial proceedings, and inserting in lieu thereof new Code Sections 17-7-93 and 17-7-95 to read as follows:
"17-7-93. (a) Upon the arraignment of a person accused of committing a crime, the indictment or accusation shall be read to him and he shall be required to answer whether he is guilty or not guilty of the offense charged, which answer or plea shall be made orally by the accused person or his counsel.
(b) If the person pleads 'guilty,' the plea shall be immediately recorded on the minutes of the court by the clerk, together with the arraignment; and the court shall pronounce the judgment of the law upon the person in the same manner as if he had been convicted of the offense by the verdict of a jury. At any time before judgment is pronounced, the accused person may withdraw the plea of 'guilty' and plead 'not guilty.' "
"17-7-95. (a) The defendant in all criminal cases other than capital felonies in any court of this state, whether the offense charged is a felony or a misdemeanor, may, with the con sent and approval of the judge of the court, enter a plea of nolo contendere instead of a plea of guilty or not guilty.
(b) Should the judge allow a plea of nolo contendere to be entered, he shall thereupon be authorized to impose such sentence as may be authorized by law as to the offense charged.
(c) Except as otherwise provided by law, a plea of nolo contendere shall not be deemed a plea of guilty for the purpose of effecting any civil disqualification of the defendant to hold public office, to vote, to serve upon any jury, or any other civil disqualification imposed upon a person convicted of any offense under the laws of this state. The plea shall be deemed and held to put the defendant in jeopardy within the meaning of Article I, Section I, Paragraph XVIII of the Constitution of this state after sentence has been imposed."
Section 13. Article 2 of Chapter 9 of Title 17 of the Official Code of Georgia Annotated, relating to rendition and receipt of the verdict in criminal cases, is amended by striking Code Section 17-9-20, relating to action by a juror on private knowledge as to facts, wit nesses, or parties, and inserting in lieu thereof a new Code Section 17-9-20 to read as follows:
"17-9-20. A juror shall not act on his private knowledge respecting the facts, witnesses, or parties."
Section 14. Code Section 20-2-940 of the Official Code of Georgia Annotated, relating to grounds and procedure for terminating or suspending the contracts of employment of teach ers, principals, or other employees, is amended by striking subsection (d) of said Code sec tion and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Any teacher, principal, or other person against whom such charges listed in subsec tion (a) of this Code section have been brought shall be entitled to be represented by coun sel and, upon request, shall be entitled to have subpoenas or other compulsory process is sued for attendance of witnesses and the production of documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the local board and shall be signed by the chairman or vice-chairman of the local board. In all other respects, such subpoenas and other compulsory process shall be subject to Part 1 of Article 2 of Chapter 13 of Title 24, as now or hereafter amended."
Section 15. Article 18 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to liability insurance for state and local school officials and employees, is amended by striking Code Section 20-2-991, relating to liability insurance for performance of duties and admissibility of insurance in evidence, and inserting in lieu thereof a new Code Section 20-2-991 to read as follows:
"20-2-991. In addition to other compensation paid to members of the State Board of Education, the State School Superintendent, and employees of the state board, and to mem bers of boards of education, school superintendents, teachers, principals, officers, and em-

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ployees of boards of control of cooperative educational service agencies, and other adminis trators and employees of county and other local public school systems, the state board, the boards of control of cooperative educational service agencies, and the several boards of edu cation of counties, cities, and independent school systems, whenever created, are authorized, in their discretion, to purchase policies of liability insurance or contracts of indemnity insur ing or indemnifying the members of the state board, State School Superintendent, employ ees of the state board, officers and employees of boards of control of cooperative educational service agencies, and the members of the boards of education, superintendents, teachers, principals, and other administrators and employees against damages arising out of the per formance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common-law, or other statu tory rights, whether state, federal, or both. Such boards may expend state, county, federal, and local funds, or any combination thereof, for such purposes. The amount of such insur ance or indemnity shall be in the discretion of the respective board. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract."
Section 16. Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to removal, resignation, settlement, and letters of dismission of guardians, is amended by striking Code Section 29-2-82, relating to attestation and recordation of final receipts of guardians and use as evidence, and inserting in lieu thereof a new Code Section 29-2-82 to read as follows:
"29-2-82. Any guardian may have his final receipt from his ward recorded by the clerk of the superior court of the county of his residence by having the same attested by a judge, magistrate, or notary public."
Section 17. Article 1 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to administration and enforcement of Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Code Section 31-5-5, relating to official records and documents of the Department of Human Resources and county boards of health as evidence, and inserting in lieu thereof a new Code Section 31-5-5 to read as follows:
"31-5-5. The department and county boards of health are authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other pub lic authorities and political subdivisions, where such matters relate to secret processes, for mulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, deter mines that the public interest requires such production and disclosure or that such produc tion and disclosure may be necessary in the interest of justice."
Section 18. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (b) of Code Section 31-10-26, relating to certified copies of vital records and their issuance and evidentiary effect, which reads as follows:
"(b) A certified copy of a vital record or any part thereof, issued in accordance with subsection (a) of this Code section, shall be considered for all purposes the same as the original and shall be prima-facie evidence of the facts stated therein, provided that the evi dentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.",
and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Reserved."

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Section 19. Code Section 31-21-3 of the Official Code of Georgia Annotated, relating to the death of persons with infectious or communicable diseases and reporting procedures, is amended by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Information regarding a deceased's infectious or communicable disease and con tained in a notification required to be prepared pursuant to subsection (b) of this Code section shall be privileged and confidential and may only be disclosed if:
(1) That disclosure is required pursuant to Chapter 17 of this title;
(2) That disclosure is required by federal law, but only to the extent so required;
(3) That disclosure is made by a physician pursuant to Code Section 24-12-9 or any other law authorizing a physician to disclose otherwise privileged information;
(4) That disclosure is for research purposes and does not reveal:
(A) The identity of the deceased; or
(B) Information which would reveal the identify of the deceased;
(5) That disclosure involves information regarding sexual assault or sexual exploitation of a deceased child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported.
(6) That disclosure involves information regarding a deceased minor and the disclosure is made to the parent or guardian of that minor; or
(7) That disclosure is made to the person who picks up the dead body or is made in the ordinary course of business to any employee or agent of any person or entity authorized or required under this Code section to receive or report that information."
Section 20. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department of Insurance and the Commissioner of Insurance, is amended by striking Code Section 33-2-2, relating to the seal of the Commissioner and admissibility in evidence of sealed documents, and inserting in lieu thereof a new Code Section 33-2-2 to read as follows:
"33-2-2. The Commissioner shall have an official seal of such design as he shall select with the approval of the Governor."
Section 21. Code Section 36-82-104 of the Official Code of Georgia Annotated, relating to actions on breached bonds of public contractors, is amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The official who has the custody of the bond 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, a copy of the bond and the contract for which it was given, certified by the official who has custody of the bond. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of prepa ration 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 22. Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to maintenance, confidentiality, and release of clinical records of mentally ill patients, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-12-9.

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(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-12-1 or 24-12-9."
Section 23. Code Section 37-4-125 of the Official Code of Georgia Annotated, relating to maintenance, confidentiality, and release of clinical records of mentally retarded clients, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, except for communications privileged under Code Section 24-12-9.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communication shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsec tion (a) of this Code section shall not be liable to the client or any other person, notwith standing any contrary provision of Code Section 24-12-9."
Section 24. Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to maintenance, confidentiality, and release of clinical records of alcoholic, drug dependent, or drug abusing patients, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-12-9.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-12-9."
Section 25. Code Section 40-2-72 of the Official Code of Georgia Annotated, relating to special license plates for disabled persons' vehicles, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A hearing impaired person otherwise qualified under this subsection shall be eligi ble to have issued to him a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-6-652, except that the term 'hearing im paired person' shall not include any person who is not qualified for a driver's license pursu ant to Code Section 40-5-35, relating to reports by physicians and vision specialists in con nection with the issuance or revocation of drivers' licenses, as now or hereafter amended."
Section 26. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records kept by the Department of Public Safety relating to drivers' licenses, is amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) The commissioner shall designate members of the department to be the official custodians of the records of the department. The custodians may certify copies or compila tions, including extracts thereof, of the records of the department.
(2) In response to a subpoena or upon the request of any appropriate governmental or

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judicial official, the department shall provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his duly authorized representative."
Section 27. Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators of certain laws relating to motor vehicles and traffic, is amended by strik ing subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding any contrary provisions of Code Section 17-7-95 or 24-4-410, for the purposes of this Code section, any plea of nolo contendere entered and accepted after January 1, 1976, shall be considered a conviction."
Section 28. Article 1 of Chapter 6 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to detainers, is amended by striking Code Section 426-4, relating to effect of a failure to bring an inmate to trial within two terms of court after delivery, and inserting in lieu thereof a new Code Section 42-6-4 to read as follows:
"42-6-4. If an inmate is not brought to trial upon a pending indictment or accusation within two terms of court after delivery of the inmate to the sheriff or a deputy sheriff pursuant to subsection (a) of Code Section 24-13-60, provided no continuance has been granted, all detainers based upon the pending indictments or accusations shall be stricken and dismissed from the records of the department."
Section 29. Code Section 42-6-5 of the Official Code of Georgia Annotated, relating to temporary custody of an inmate requesting disposition of a pending indictment or accusa tion, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In response to the request of an inmate for final disposition of any pending indict ment or accusation made pursuant to Code Section 42-6-3 or pursuant to an order of a court entered pursuant to subsection (a) of Code Section 24-13-60, the department shall offer to deliver temporary custody of the inmate to the sheriff or a deputy sheriff of the county in which the indictment or accusation is pending against the inmate. The judge of the court in which the proceedings are pending is authorized to and shall issue an ex parte order di rected to the department requiring the delivery of the inmate to the sheriff or a deputy sheriff of the county in which the trial is to be held."
Section 30. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by striking Code Section 43-6-6, relating to the seal of the Georgia Auctioneers Commission and the receipt of copies of records and papers as evidence, and inserting in lieu thereof a new Code Section 43-6-6 to read as follows:
"43-6-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Auctioneers Commission, State of Georgia' and such other devices as the commission may desire included thereon, by which it shall authenticate the acts of the commission."
Section 31. Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions relating to dentists and dental hygienists, is amended by striking Code Section 43-11-12, relating to opening of records of the Georgia Board of Dentistry to public inspection and use of copies as evidence, and inserting in lieu thereof a new Code Section 43-11-12 to read as follows:
"43-11-12. It shall be the duty of the joint-secretary to keep at his office the minutes of the board, together with all the books and records of the board, which books and records shall, except as provided in subsection (k) of Code Section 43-1-2, be public records open to inspection by the public except on Sundays and legal holidays. It shall be the duty of the joint-secretary to furnish to any person making application therefor a copy of any part or all of any record or book of the board upon the applicant's paying a fee prescribed by the joint-

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secretary. All of such copies shall be certified by the joint-secretary and be under the seal of the board."
Section 32. Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, is amended by striking Code Section 43-23-3, relating to the seal of the Georgia Board of Landscape Architects and copies of records and papers as evidence, and inserting in lieu thereof a new Code Section 43-23-3 to read as follows:
"43-23-3. The board shall adopt a seal, which may be either an engraved or an ink stamped seal, with the words 'Board of Landscape Architects, State of Georgia' or such other device as the board may desire included thereon, by which it shall authenticate the acts of the board."
Section 33. Chapter 28 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia State Occupational Therapy Licensing Act," is amended by striking Code Sec tion 43-28-6, relating to service of process and documents on the joint-secretary and records of the State Board of Occupational Therapy as evidence, and inserting in lieu thereof a new Code Section 43-28-6 to read as follows:
"43-28-6. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the joint-secretary at his office in Atlanta."
Section 34. Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, is amended by striking Code Section 43-29-4, relating to records and the seal of the State Board of Dispensing Opticians, and inserting in lieu thereof a new Code Section 43-29-4 to read as follows:
"43-29-4. (a) The board shall have an official seal and shall keep a record of its proceed ings and a register of persons whose licenses have been revoked.
(b) The records of the board shall be open to public inspection, and it shall keep on file all examination papers for a period of 90 days after each examination."
Section 35. Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," is amended by striking Code Section 43-33-9, relating to the joint-secretary, service of process on the State Board of Physical Therapy, and records of the board as evidence, and inserting in lieu thereof a new Code Section 43-33-9 to read as follows:
"43-33-9. The joint-secretary shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the joint-secretary on behalf of the board shall have the power to subpoena, throughout the state, witnesses, designated documents, papers, books, accounts, letters, photographs, ob jects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the joint-secretary at his office in Atlanta."
Section 36. Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to the authority of the Composite State Board of Medical Examiners to refuse a license or to discipline a physician, is amended by striking subparagraphs (A) and (B) of paragraph (13) of subsection (a) of said Code section and inserting in lieu thereof new subparagraphs (A) and (B) to read as follows:
"(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians desig nated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-12-1. Every person who shall accept the privilege of practicing medicine in this state or who shall file an application for a license to practice medicine in this state shall be deemed to have given his consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination

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when properly directed to do so by the board, unless such failure was due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing medicine under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he can resume or begin the practice of medicine with reasonable skill and safety to patients.
(B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-12-1. Every person who shall accept the privilege of practic ing medicine in this state or who shall file an application to practice medicine in this state shall be deemed to have given his consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitute a privileged communication."
Section 37. 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 copies of records as evidence, and inserting in lieu thereof 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."
Section 38. Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording of deeds and other instruments, is amended by striking Code Section 44-2-20, relating to recording affidavits relating to land as notice of facts cited therein and admissibility of such affidavits in evidence, and inserting in lieu thereof a new Code Section 44-2-20 to read as follows:
"44-2-20. (a) Recorded affidavits shall be notice of the facts therein recited, whether taken at the time of a conveyance of land or not, where such affidavits show:
(1) The relationship of parties or other persons to conveyances of land;
(2) The relationship of any parties to any conveyance with other parties whose names are shown in the chain of title to lands;
(3) The age or ages of any person or persons connected with the chain of title;
(4) Whether the land embraced in any conveyance or any part of such land or right therein has been in the actual possession of any party or parties connected with the chain of title;
(5) The payment of debts of an unadministered estate;
(6) The fact or date of death of any person connected with such title;
(7) Where such affidavits relate to the identity of parties whose names may be shown differently in chains of title;
(8) Where such affidavits show the ownership or adverse possession of lands or that other persons have not owned such lands nor been in possession of same; or
(9) Where such affidavits state any other fact or circumstance affecting title to land or any right, title, interest in, or lien or encumbrance upon land.
Any such affidavits may be made by any person, whether connected with the chain of title or not.
(b) Affidavits referred to in subsection (a) of this Code section shall be filed by the clerk of the superior court of the county where the land is located and shall contain a caption

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referring to the current owner and to a deed or other recorded instrument in the chain of title of the affected land. The clerk of the superior court shall record such affidavits, shall enter on the deed or other recorded instrument so referred to the book and page number on which such affidavit may be recorded, and shall index same in the name of the purported owner as shown by such caption in both grantor and grantee indexes in deed records as conveyances of lands are recorded and indexed; and he shall receive the same compensation therefor as for recording deeds to lands."
Section 39. Part 3 of Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to examiners for land registration, is amended by striking Code Section 44-2-101, relating to referral of cases to examiners and the evidentiary effect of reports, and inserting in lieu thereof a new Code Section 44-2-101 to read as follows:
"44-2-101. Upon the filing of a petition as provided in this article, the clerk shall at once notify the judge who shall refer the action to one of the general examiners or to a special examiner. It shall then become the duty of the examiner to make up a preliminary report containing an abstract of the title to the land from public records and all other evi dence of a trustworthy nature than can reasonably be obtained by him, which abstract shall contain:
(1) Extracts from the records and other matters referred to therein which are complete enough to enable the court to decide the questions involved;
(2) A statement of the facts relating to the possession of the lands; and
(3) The names and addresses, so far as the examiner is able to ascertain, of all persons interested in the land as well as all adjoining owners showing their several apparent or pos sible interests and indicating upon whom and in what manner process should be served or notices given in accordance with this article.
The preliminary report of the examiner shall be filed in the office of the clerk of the superior court on or before the return day of the court as stated in the process unless the time for filing the report is extended by the court."
Section 40. Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Cemetery Act of 1983," is amended by striking Code Section 44-3151, relating to certificates and copies of documents and records as evidence, and inserting in lieu thereof a new Code Section 44-3-151 to read as follows:
"44-3-151. In any action, civil or criminal, a certificate signed and sealed by the Secre tary of State, stating compliance or noncompliance with the provisions of this article, shall constitute prima-facie evidence of such compliance or noncompliance with the provisions of this article and shall be admissible in any such action."
Section 41. Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning, is amended by striking Code Section 44-4-3, relating to the duty of the surveyor and processioners to survey and mark lines and use of plats as evidence, and Code Section 44-4-6, relating to general reputation as evidence of ancient landmarks, and inserting in lieu thereof new Code Sections 44-4-3 and 44-4-6 to read as follows:
"44-4-3. It shall be the duty of the county surveyor and the processioners to take all due precautions to arrive at the true lines and to trace out and plainly mark the same. The surveyor shall make out and certify a plat of the true lines and deliver a copy thereof to the applicant; and, in all future boundary disputes with any owner of adjoining lands who had due notice of the processioning, the certified plat and the lines so marked shall be prima facie correct."
"44-4-6. Acquiescence for seven years by acts or declarations of adjoining landowners shall establish a dividing line."
Section 42. Part 1 of Article 1 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to constitutional exemptions from levy and sale in general, is amended by striking Code Section 44-13-11, relating to approval of applications and records of ex-

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empted real estate as evidence, and inserting in lieu thereof a new Code Section 44-13-11 to read as follows:
"44-13-11. If, at the time and place appointed for passing upon the application, no ob jection is raised by any creditor of the applicant, the judge of the probate court shall en dorse upon the schedule and upon the plat: 'Approved this the____day of___, 19____,' filling the blanks, and shall sign the schedule and plat officially and hand them to the clerk of the superior court of his county; and, when land out of his county is exempted, the judge shall transmit a certified copy of the exempted real property to the clerk of the superior court of each county in which exempted land is located. Each clerk of the superior court of a county in which exempted land is located shall record the exempted real property in a book to be kept for that purpose in his office."
Section 43. Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance or contracts of indemnity for public officers and employees generally, is amended by striking Code Section 45-9-1, relating to the purchase of liability insurance or contracts of indemnity and disclosure of the existence of such insurance or indemnification, and inserting in lieu thereof a new Code Section 45-9-1 to read as follows:
"45-9-1. (a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, commission, department, or authority is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity or to formulate sound pro grams of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such poli cies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the state for reasonable legal fees and other ex penses incurred in the successful defense of a criminal action arising out of the performance of his official duties. In addition, in the case of an officer, official, or employee who is re quired to maintain a professional license, such reimbursement may also be provided for legal fees and other expenses so incurred in the successful defense of a charge arising out of the performance of his official duties in proceedings before a professional licensing board, disciplinary board or commission, or other similar body. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General.
(b) Such agencies, boards, bureaus, commissions, departments, or authorities may ex pend federal and state or other available funds for such purposes. The amount of such in surance or indemnity shall also be in the discretion of such agency, board, bureau, commis sion, department, or authority.
(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of county departments of health and county departments of family and chil dren services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article."
Section 44. Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance or contracts of indemnity for members and employees of the governing bodies of municipalities, counties, and other public bodies, is amended by striking Code Section 45-9-20 relating to the purchase of liability insurance or contracts of indemnity and disclosure of the existence of such insurance or indemnification, and inserting in lieu thereof a new Code Section 45-9-20 to read as follows:
"45-9-20. In addition to any other compensation which may be paid to members of the

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governing bodies of municipalities, counties, and other public bodies, and to supervisors, administrators, employees, or other elected or appointed public officers, each municipality, county, and other public body of this state is authorized, in its discretion, to purchase poli cies of liability insurance or contracts of indemnity insuring or indemnifying the members of such governing bodies and such supervisors, administrators, employees, or other elected or appointed officers against personal liability for damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or other statutory rights, whether state, federal, or local. Such municipalities, counties, and other public bodies may expend state, federal, and local funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of the governing body of such municipality, county, or other public body. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract."
Section 45. Article 1 of Chapter 14 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions relative to the Commissioner of Insurance, is amended by striking Code Section 45-14-5, relating to the seals of the Commissioner, and inserting in lieu thereof a new Code Section 45-14-5 to read as follows:
"45-14-5. The Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, and the Comptroller General shall have an official seal for each office of such design as he shall select with the approval of the Governor."
Section 46. Part 1 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Electric Membership Corporation Act," is amended by striking Code Section 46-3-175, relating to receipt of certificates and certified copies in evi dence, and inserting in lieu thereof a new Code Section 46-3-175 to read as follows:
"46-3-175. The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of any document filed with his office and of the certifi cate, if any, issued by the Secretary of State in connection with the filing of the document, under this article, upon payment to him of the fee provided for in Code Section 46-3-502."
Section 47. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization of the Department of Revenue, is amended by striking Code Section 48-2-14, relating to the seal of the commissioner of revenue and admission of documents and copies in evidence, and inserting in lieu thereof a new Code Section 48-2-14 to read as follows:
"48-2-14. The commissioner shall have an official seal of such device as he shall select, subject to the approval of the Governor."
Section 48. Code Section 48-5-138 of the Official Code of Georgia Annotated, relating to the duty of tax collectors and tax commissioners to keep a cashbook, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The tax collector or tax commissioner shall make up and balance annually the record book and shall file the record book in the office of the county governing authority no later than July 1 in each year. The record book shall be preserved by the governing author ity as a permanent record in the governing authority's office. The commissioner shall furnish the tax collectors and tax commissioners the book required pursuant to Code section at the state's expense."
Section 49. Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Administrative Services, is amended by striking Code Section 50-5-5, relating to the bond of the director of the Fiscal

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Division of the Department of Administrative Services and admission of a certified copy in evidence, and inserting in lieu thereof a new Code Section 50-5-5 to read as follows:
"50-5-5. The bond of the director, when duly executed and approved, shall be recorded in the Secretary of State's office and filed in the office of the Governor."
Section 50. Article 1 of Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to the Board of Pilotage Commissioners, is amended by striking Code Section 52-68, relating to records of the Board of Pilotage Commissioners and copies as evidence, and inserting in lieu thereof a new Code Section 52-6-8 to read as follows:
"52-6-8. The commissioners shall preserve in a neatly bound book a record of all their acts and of all the rules and regulations adopted by them for the direction and government of pilots. They shall designate one of their number as chairman and cause a record thereof to be made. They shall also preserve upon their records a list of the names of all persons appointed pilots by them, as well as a list of the names of those whose licenses have been suspended or revoked or who have been retired. All persons interested shall have access to and be permitted to have copies of the record."
Section 51. Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, is amended by striking Code Section 53-3-5, relating to filing the original will in the office of the judge of the probate court and certified copies as evidence, and inserting in lieu thereof a new Code Section 53-3-5 to read as follows:
"53-3-5. An original will, when proved and recorded, shall remain on file in the office of the judge of the probate court."
Section 52. Article 2 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of foreign wills, is amended by striking Code Section 53-3-41, relating to probate procedure when a will has been probated in the state of the testator's residence, and Code Section 53-3-47, relating to probated foreign wills as muniments of title to realty, and inserting in lieu thereof new Code Sections 53-3-41 and 53-3-47 to read as follows:
"53-3-41. When a foreign will has been admitted to probate in common or solemn form in the state of the United States in which the testator was a resident at the time of his death, it may be admitted to probate in like common or solemn form in this state upon production of properly authenticated certified copies of the probate proceedings, certified according to Code Section 24-9-902, and may be attacked or resisted on the same grounds as other judicial proceedings from a state of the United States."
"53-3-47. (a) All wills executed in another state and witnessed according to the laws of such state, which are probated in another state, shall constitute muniments of title for the transfer and conveyance of real property in this state to the distributees or devisees men tioned in the wills. The wills shall be admitted in evidence in this state as muniments of title without being probated in this state, when accompanied by properly authenticated cer tified copies of the record admitting the will to probate in another state, certified according to Code Section 24-9-902, and when the will is recorded in the office of the clerk of the superior court of the county in which the land is situated, in the record in which deeds are recorded in this state.
(b) This Code section shall apply to all cases in which real property is held or claimed under foreign wills and to all actions which are brought to recover or protect real property in this state."
Section 53. Part 1 of Article 7 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to settlement of accounts, is amended by striking Code Section 53-7-166, relating to recordation of final receipts of settlements and use as evidence, and inserting in lieu thereof a new Code Section 53-7-166 to read as follows:
"53-7-166. The final receipts on settlements, given by distributees or legatees to an ad ministrator or executor, may be admitted to record by the clerk of the superior court of the county of the residence of the administrator or executor if attested by a judge of any court in this state, a magistrate, or a notary public."

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Section 54. Part 2 of Article 2 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to the creation of trusts by deeds to acquire beneficial interests, is amended by striking Code Section 53-12-52, relating to filing of deeds creating trusts in the office of the clerk of the superior court and use of certified copies as evidence, and inserting in lieu thereof a new Code Section 53-12-52 to read as follows:
"53-12-52. (a) The deed creating a trust estate as provided in Code Section 53-12-51 shall, within 30 days of the execution thereof, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located. The trustee shall concurrently deposit with and pay to the clerk the fee prescribed in Code Sec tion 15-6-77. Upon the deed being filed with the clerk and the fees being paid, the clerk shall forthwith deliver to the trustee or his attorney two certified copies of the deed, the filing of the clerk thereon, and a receipt for the costs which have been paid to the clerk.
(b) Upon receiving the two certified copies of the deed, the trustee or his attorney shall present the same to the Secretary of State and shall concurrently therewith pay $5.00 to the Secretary of State for the use of the state. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form:
STATE OF GEORGIA
OFFICE OF THE SECRETARY OF STATE
This is to certify that a copy of the attached certified copy of a deed, declaration, or agreement of trust dated--------, by and between--------as grantor(s) and--------as trustee(s), which states that the trustee(s) may use the name of___, has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law.
WITNESS my hand and official seal this _________ day of __________, 19___.
Secretary of State
(c) The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him of a fee of $1.00, plus 10 per 100 words for copying.
(d) Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon the filing shall be computed as if the filing were of an original deed."
Section 55. The following Code sections of the Official Code of Georgia Annotated are repealed in their entirety:
(1) Code Section 7-1-95, relating to admissibility of certificates of the Department of Banking and Finance and copies certified by the department;
(2) Code Section 9-10-9, relating to taking of jurors' affidavits to sustain but not to impeach their verdict;
(3) Code Section 9-11-44, relating to official records and proof of lack of such records;
(4) Code Section 10-1-188, relating to certified analyses of brake fluid by the state oil chemist as evidence;
(5) Code Section 10-1-208, relating to certified analyses of antifreeze by the state oil chemist as evidence;
(6) Code Section 10-6-64, relating to agents as competent witnesses and admissibility of an agent's declarations;
(7) Code Section 14-9A-117, relating to admissibility in evidence of certified copies of certificates, powers of attorney, and affidavits relating to certain limited partnerships;

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(8) Code Section 17-9-41, relating to the use of affidavits of jurors to sustain their verdict;
(9) Code Section 40-3-93, relating to evidence of prior acts in prosecutions for violation of the "Motor Vehicle Certificate of Title Act";
(10) Code Section 43-19-8, relating to official records of the State Board of Registration for Professional Geologists and affidavits of the joint-secretary as evidence;
(11) Code Section 44-2-23, relating to when a deed shall be admitted as evidence and the effect of an affidavit alleging forgery;
(12) Code Section 44-5-45, relating to when an ancient deed is admissible without proof of execution;
(13) Code Section 44-14-38, relating to admission of mortgages into evidence;
(14) Code Section 45-16-43, relating to receipt as evidence of reports of post-mortem examinations and records related thereto;
(15) Code Section 46-2-53, relating to reports, rate schedules, and orders of the Public Service Commission as admissible evidence;
(16) Code Section 50-18-96, relating to photostatic copies of records and print-out cop ies of computer records as primary evidence; and
(17) Code Section 53-3-46, relating to admission in evidence of a copy of a foreign will devising personalty.
Section 56. This Act shall become effective on July 1, 1991.
Section 57. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th offered the following amendment:

Amend the substitute to SB 336 offered by the Senate Committee on Judiciary by strik ing lines 26 and 27 of page 13 and inserting in lieu thereof the following:
"proceedings in magistrate courts, provided that at a preliminary probable cause hear ing hearsay may be admitted into evidence."

On the adoption of the amendment, the yeas were 32, 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, arft the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins

Dawkins Deal Dean Echols Edge Egan English Fincher Foster Fuller

Gillis Hammill Harris Huggins Johnson Kidd Land McKenzie Newbill Olmstead

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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

Those not voting were Senators:

Brannon Coleman Engram (excused)

Garner Howard

Kennedy (presiding) Langford

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

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

SB 523. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with refer ence to personal insurance, so as to authorize certain privately owned corpora tions and trusts providing benefits to employees to effectuate insurance upon their employees without obtaining consent; to provide for an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan

Fincher Foster Fuller Gillis Hammill Harris Howard 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 Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman English

Engram (excused) Garner Huggins

Kennedy (presiding) Peevy

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

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

SB 542. By Senators Kidd of the 25th and Land of the 16th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of the sale of alcoholic beverages on Sunday, so as to provide that in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing au thority of the county or municipality may by resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises in any licensed establishment from 8:00 P.M. until 12:00 Midnight on any Sunday which falls on the thirty-first day of December.

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 Broun Clay Dawkins Dean Echols Egan English Fuller

Gillis Hammill Harris Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Baldwin Barker Collins Deal Edge

Fincher Foster Howard Huggins

Phillips Pollard Ray Starr

Those not voting were Senators:

Brannon Burton Coleman

Engrain (excused) Garner

Kennedy (presiding) Tysinger

On the passage of the bill, the yeas were 36, nays 13.

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

SB 570. By Senators Scott of the 2nd, Langford of the 35th, Albert of the 23rd and others:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection.

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Senator Scott of the 2nd offered the following amendment:

Amend SB 570 by striking the following words on page 12, line 24: "or disassembled". And by striking the following on page 12, line 34: "of subsection (a)".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Fincher

Foster Fuller 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 Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman English

Engram (excused) Garner

Kennedy (presiding) Ragan of 10th

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

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

SB 575. By Senator English of the 21st:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide the penalties for such offenses.

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The Senate Committee on Agriculture offered the following substitute to SB 575:
A BILL
To be entitled an Act to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide for exemptions for the Department of Agriculture or any other federal, state, and local departments or agencies and their employees while in the perform ance of certain duties or the exercise of certain powers; to provide the penalties for such offenses; to provide for enforcement provisions; to preserve other rights not specifically granted by said new article; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, is amended by designating Code Sections 4-11-1 through 4-11-16 as Arti cle 1 of said chapter; by striking the word "chapter" wherever such word appears in Code Sections 4-11-1 through 4-11-16 and inserting in lieu thereof the word "article"; and by inserting immediately following Code Section 4-11-16 a new Article 2 to read as follows:
"ARTICLE 2
4-11-30. This article shall be known and may be cited as the 'Georgia Farm Animal and Research Facilities Protection Act.'
4-11-31. As used in this article, the term:
(1) 'Actor' means a person accused of any of the offenses defined in Code Section 4-1132.
(2) 'Animal' means any warm or cold-blooded animal used in food or fiber production, agriculture, research, testing, or education including poultry, fish, and insects.
(3) 'Animal facility' includes any vehicle, building, structure, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale.
(4) 'Commissioner' means the Commissioner of Agriculture.
(5) 'Consent' means assent in fact, whether express or apparent.
(6) 'Deprive' means:
(A) To withhold an animal or other property from the owner permanently or for such an extended period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(B) To restore the animal or other property only upon payment of reward or other compensation; or
(C) To dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.
(7) 'Effective consent' includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(A) Induced by force, threat, false pretenses, or fraud;
(B) Given by a person the actor knows is not legally authorized to act for the owner;
(C) Given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
(D) Given solely to detect the commission of an offense.

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(8) 'Owner' means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.
(9) 'Person' means any individual, corporation, association, nonprofit corporation, jointstock company, firm, trust, partnership, two or more persons having a joint or common in terest, or other legal entity.
(10) 'Possession' means actual care, custody, control, or management.
(11) 'State' means the State of Georgia.
4-11-32. (a) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility, animal, or property and to disrupt or damage the enterprise con ducted at the animal facility.
(b) A person commits an offense if, without the effective consent of the owner, the person damages or destroys an animal facility or any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility.
(c) A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person:
(1) Enters an animal facility, not then open to the public, with intent to commit an act prohibited by this Code section;
(2) Remains concealed, with intent to commit an act prohibited by this Code section, in an animal facility; or
(3) Enters an animal facility and commits or attempts to commit an act prohibited by this Code section.
(d) (1) A person commits an offense if, without the effective consent of the owner, the person enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:
(A) Had notice that the entry was forbidden; or
(B) Received notice to depart but failed to do so.
(2) For purposes of this subsection 'notice' means:
(A) Oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) Fencing or other enclosure obviously designed to exclude intruders or to contain animals; or
(C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
(e) This Code section shall not apply to, affect, or otherwise prohibit actions taken by the Department of Agriculture, any other federal, state, or local department or agency, or any official or employee thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation.
4-11-33. (a) A person convicted of any of the offenses defined in subsections (a), (b), and (c) of Code Section 4-11-32 shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for a term not to exceed three years, or both.
(b) Any person violating subsection (d) of Code Section 4-11-32 shall be guilty of a misdemeanor.
(c) Nothing in this article shall be construed to limit the exercise of any other rights arising out of or relating to a violation of this article.

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4-11-34. For purposes of enforcing the provisions of this article, the Commissioner:
(1) May investigate any offense under this article;
(2) May seek the assistance of any law enforcement agency of the United States, the state, or any local government in the conduct of such investigations; and
(3) Shall coordinate such investigation, to the maximum extent practicable, with the investigations of any law enforcement agency of the United States, the state, or any local government."
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 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English

Fincher Foster Fuller 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 Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman

Engram (excused) Garner

Kennedy (presiding)

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

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

The following bill of the House was read the first time and referred to committee:

HB 1235. By Representatives Cheeks of the 89th and Kilgore of the 42nd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.

Referred to Committee on Transportation.

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The following general resolution of the Senate, having been read the third time on Jan uary 8 and committed to the Senate Committee on Children and Youth, and favorably re ported by the committee, was put upon its adoption:
SR 155. By Senators Deal of the 49th, Barker of the 18th, Howard of the 42nd and others:
A resolution directing the Division of Youth Services of the Department of Human Resources and the Juvenile Justice Coordinating Council to close the Metropolitan Youth Development Center.
The Senate Committee on Children and Youth offered the following substitute to SR 155:
A RESOLUTION
Directing the Division of Youth Services of the Department of Human Resources and the Juvenile Justice Coordinating Council to convert the Metropolitan Youth Development Center to a substance abuse rehabilitation facility; and for other purposes.
WHEREAS, over the past five years several commissions have been established to re view and make recommendations as to the incarceration of juveniles who have committed delinquent acts; and
WHEREAS, the Georgia Commission on Juvenile Justice recognized that maintaining state training schools while attempting to implement community based alternative programs for youthful offenders are inherently divergent goals; and
WHEREAS, the Georgia and the Fulton County/Atlanta Commissions on Juvenile Jus tice recommended the closing of at least one and possibly two youth development centers administered by the Division of Youth Services within the Department of Human Re sources; and
WHEREAS, the Senate Committee on Children and Youth has consulted with state and national experts and concurs with these recommendations; and
WHEREAS, in recent committee hearings held jointly by the Senate Committee on Children and Youth and the Senate Committee on Judiciary, the Division of Youth Services of the Department of Human Resources admitted that at least 25 percent or approximately 500 of Georgia's youth are unnecessarily incarcerated in our state's youth development cen ters; and
WHEREAS, many experts consider the above-stated figure to be conservative; and
WHEREAS, recent surveys and polls have shown that our citizens favor alternatives to incarceration for nonpublic-risk juvenile offenders and programs based in the community that are preventive and early interventive in nature; and
WHEREAS, in 1987 the General Assembly recognized this trend and declared its intent to reduce the unnecessary incarceration of our state's children by enacting Senate Bill 162, Act Number 798, unanimously, thereby creating the Juvenile Justice Coordinating Council; and
WHEREAS, delinquency prevention and early intervention programs should be planned and organized at the local level with the appropriate participation from both pri vate and local public agencies serving families and children, as well as business leaders, advocates, and citizens with an interest in youth problems; and
WHEREAS, Senate Bill 162 was enacted and signed into law by the Governor and em powers the Juvenile Justice Coordinating Council to implement community based programs and to set appropriate standards and accountability for such programs; and
WHEREAS, the annual budget appropriations for both continuation and improvements of the 660 beds in four youth development centers and of the 647 beds in our regional youth

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development centers directly contradicts and circumvents the policy adopted by the General Assembly for the development of community based alternative programs; and
WHEREAS, the states of Maryland, Utah, and Massachusetts have closed one or more of their training schools without subsequently increasing the threat to public safety and are now planning to close one or more of their institutions; and
WHEREAS, these states have "reinvested" their youth corrections dollars by greatly expanding the community based alternatives resulting in lower recidivism rates and without increasing costs; and
WHEREAS, dangerous children and youth who pose a significant public risk should be removed from the community and placed in a secure facility to protect the public; and
WHEREAS, the overwhelming number of juveniles who run afoul of the law does not constitute a public safety risk and would be better served and at less cost in their respective communities.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body direct the Division of Youth Services and the Juvenile Justice Coordinating Coun cil to develop a timetable by which to convert the Metropolitan Youth Development Center and that said facility be converted no later than July 1, 1991.
BE IT FURTHER RESOLVED that the annual budget of said facility be redirected in its entirety to the Juvenile Justice Coordinating Council to implement a network of commu nity based programs throughout the state.
BE IT FURTHER RESOLVED that the Senate directs the Division of Mental Health, Mental Retardation, and Substance Abuse to evaluate this facility and establish it as a sub stance abuse rehabilitation center for those youth in the state's custody and to offer such substance abuse rehabilitation services to area counties.
Senator Deal of the 49th moved that SR 155 be committed to the Senate Committee on Children and Youth.
On the motion, the yeas were 40, nays 0; the motion prevailed, and SR 155 was commit ted to the Senate Committee on Children and Youth.
The following general resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:
SR 327. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, politi cal subdivisions, local authorities, and other local government entities for solid waste re cycling or other solid waste facilities or systems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide that such debt may be incurred for a state authority created before, on, or after November 8, 1960; to provide that the proceeds of such debt shall be paid or transferred to, adminis tered or invested by, and the proceeds and investment earnings applied and disbursed by the unit of state government or state authority made responsible by law for such activities; to provide that a mutual undertaking by a local government entity to borrow and the state or a state authority to lend funds from and to one another for solid waste recycling or other solid waste facilities or systems when authorized by law shall be a provision for services and an activity within the intergovernmental contracts provisions of Article IX, Section III, Par agraph I, subparagraph (a) of the Constitution; to provide for intergovernmental contracts

WEDNESDAY, JANUARY 31, 1990

555

not exceeding 50 years for loan agreements; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by strik ing subparagraph (e) in its entirety and substituting in lieu thereof a new subparagraph (e) to read as follows:

"(e) General obligation debt in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sew erage facilities or systems or for solid waste recycling or other solid waste facilities or sys tems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8, 1960."

Section 2. Article VII, Section IV, Paragraph VII of the Constitution is amended by striking subparagraph (b) in its entirety and substituting in lieu thereof a new subparagraph (b) to read as follows:

"(b) Notwithstanding subparagraph (a) of this Paragraph, proceeds from general obliga tion debt issued for making loans to local government entities for water or sewerage facili ties or systems or for solid waste recycling or other solid waste facilities or systems as pro vided in Paragraph I(e) of this section shall be paid or transferred to and administered and invested by the unit of state government or state authority made responsible by law for such activities, and the proceeds and investment earnings thereof shall be applied and disbursed by such unit or authority."

Section 3. Article IX, Section III, Paragraph I of the Constitution is amended by strik ing subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:

"(a) The state, or any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corpo ration, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. By way of specific instance and not limitation, a mutual undertaking by a local government entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems or for solid waste recycling or other solid waste facilities or systems pursuant to law shall be a provision for services and an activity within the meaning of this Paragraph."

Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide for state loans to local government entities for solid waste recycling or other solid waste facilities and systems; to provide that the state may incur general obligation debt to make such loans; to provide for the investment and application of the pro ceeds of such debt and of the earnings on its investment and to provide for intergovernmental contracts not exceeding 50 years for loan agreements for such purposes?"

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

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator McKenzie of the 14th offered the following substitute to SR 327:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, politi cal subdivisions, local authorities, and other local government entities for solid waste re cycling or other solid waste facilities or systems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide that such debt may be incurred for a state authority created before, on, or after November 8, 1960; to change provisions relating to limitations on debts; to provide that the proceeds of such debt shall be paid or transferred to, administered or invested by, and the proceeds and investment earnings applied and disbursed by the unit of state government or state author ity made responsible by law for such activities; to provide that a mutual undertaking by a local government entity to borrow and the state or a state authority to lend funds from and to one another for solid waste recycling or other solid waste facilities or systems when au thorized by law shall be a provision for services and an activity within the intergovernmen tal contracts provisions of Article IX, Section III, Paragraph I, subparagraph (a) of the Con stitution; to provide for intergovernmental contracts not exceeding 50 years for loan agreements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by strik ing subparagraph (e) in its entirety and substituting in lieu thereof a new subparagraph (e) to read as follows:
"(e) General obligation debt in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sew erage facilities or systems or for solid waste recycling or other solid waste facilities or sys tems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8, 1960."
Section 2. Article VII, Section IV, Paragraph II of the Constitution is amended by strik ing subparagraph (b) and substituting in lieu thereof a new subparagraph (b) to read as follows:
"(b) No debt may be incurred under subparagraphs (c), (d), (e), and (f) of Paragraph I of this section or Paragraph V of this section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second para graph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed 10 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred."
Section 3. Article VII, Section IV, Paragraph VII of the Constitution is amended by striking subparagraph (b) in its entirety and substituting in lieu thereof a new subparagraph (b) to read as follows:
"(b) Notwithstanding subparagraph (a) of this Paragraph, proceeds from general obliga tion debt issued for making loans to local government entities for water or sewerage facili ties or systems or for solid waste recycling or other solid waste facilities or systems as pro vided in Paragraph I(e) of this section shall be paid or transferred to and administered and

WEDNESDAY, JANUARY 31, 1990

557

invested by the unit of state government or state authority made responsible by law for such activities, and the proceeds and investment earnings thereof shall be applied and disbursed by such unit or authority."

Section 4. Article IX, Section III, Paragraph I of the Constitution is amended by strik ing subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:

"(a) The state, or any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corpo ration, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. By way of specific instance and not limitation, a mutual undertaking by a local government entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems or for solid waste recycling or other solid waste facilities or systems pursuant to law shall be a provision for services and an activity within the meaning of this Paragraph."

Section 5. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide for state loans to local government entities for solid waste recycling or other solid waste facilities
and systems; to provide that the state may incur general obligation debt to make such loans; to provide for the investment and application of the pro
ceeds of such debt and of the earnings on its investment and to provide for intergovernmental contracts not exceeding 50 years for loan agreements for such purposes?"

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

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

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

Senator Kennedy of the 4th announced that, pursuant to Senate Rule 143, considera tion of SR 327 would be suspended until the next meeting day of the Senate, February 1.

SR 342. By Senators Ragan of the 10th, English of the 21st, Echols of the 6th and others:
A resolution urging the Georgia congressional delegation to support the extension of the federal excise tax exemption for ethanol blended motor fuel.

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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Burton Clay Coleman Collins Dawkins
eal
e ggan English Fincher Foster Fuller

Gillis Hammill Harris
Howard Huggins
Johnson 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 Taylor Turner Tysinger

Those not voting were Senators:

Bowen Brannon Engram (excused) Garner

Kennedy (presiding) Kidd Parker

Tate Timmons Walker

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

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

The following general bill of the Senate, having been read the third time on January 26 and postponed until January 30, was put upon its passage:

SB 525. 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 an employee in the classified service to convert up to three days of accrued sick leave to three regular workdays' compensation or salary under cer tain circumstances in lieu of converting such accrued sick leave to personal leave.

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 Culver Kidd

State Senator

FROM:

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

DATE:

January 30, 1990

SUBJECT: Fiscal Note - Senate Bill 525 (LC 10 8737) Classified Employees - Conversion of Sick Leave

This bill would allow employees in the classified service who have accrued more than 15 days of sick leave as of November 30 of any year to convert up to three days of their accrued sick leave to three regular workdays' compensation. Employees who elect this option would

WEDNESDAY, JANUARY 31, 1990

559

receive a lump sum payment added to their semimonthly paycheck issued in the middle of December.
This bill would also allow employees who terminate state employment to convert up to 50% of their unused sick leave to compensation or salary. Employees would receive a lump sum payment equal to a regular workday's compensation multiplied by the number of days converted (up to a maximum of 45 days).
Information obtained from the state's Personnel Accounting and Control System (PACS) indicates that the provision of this bill allowing employees, who have more than 15 days of accrued sick leave, to convert up to three days of their accrued sick leave to regular workdays' compensation could cost state agencies an estimated $9.5 million per year in ad ditional payroll costs if all eligible employees converted three days sick leave to paid days. If agencies extend this provision of the bill to unclassified employees, the cost would be ap proximately $11.7 million.
Based on information obtained from PACS regarding the amount of sick leave accumu lated by employees who terminated their employment during calendar year 1989, the cost of allowing terminating employees to convert 50% of their accrued sick leave to compensation could be approximately $3.0 million per year. If agencies extend this provision of the bill to unclassified employees, the cost would be approximately $4.8 million.

/s/ G.W. Hogan State Auditor

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

Senator Kidd of the 25th offered the following amendment:

Amend SB 525 by striking from the title lines 5 through 12 on page 1, which read as follows:
"days of accrued sick leave to three regular workdays' compensation or salary under certain circumstances in lieu of converting such accrued sick leave to personal leave; to au thorize an employee in the classified service upon termination of state employment to con vert 50 percent of accrued sick leave to compensation or salary pursuant to a certain formula; to repeal conflicting laws; and for other purposes.",
and inserting in lieu thereof the following:
"days of accrued sick leave to the employee's regular salary in lieu of converting such accrued sick leave to personal leave; to provide for the payment of such amount to which the employee is entitled; to provide that in no event shall certain actions reduce accrued sick leave below a certain number of days; to repeal conflicting laws; and for other purposes."
By striking in their entirety lines 6 through 32 on page 2, which read as follows:
"(b) (1) An employee who has accrued more than 15 days of sick leave as of November 30 of any year may:
(A) By written notification to the appointing authority by no later than December 31 of that year, convert up to three days of accrued sick leave in excess of 15 days to personal leave. Any personal leave not used by December 31 of the following year, or upon termina tion, shall be forfeited and not restored to the employee; or
(B) By written notification to the appointing authority by no later than December 5 of that year, convert up to three days of accrued sick leave to three regular workdays' compen sation or salary which amount the employee shall receive in a lump sum added to the semi monthly pay check received by the employee on or about December 15 in such year.
(2) A day of accrued sick leave may be used for the purposes of subparagraph (A) or subparagraph (B) of paragraph (1) of this subsection, but not both; provided, however, that an employee with a sufficient number of days of accrued sick leave shall be authorized to exercise the options in both subparagraphs (A) and (B) of paragraph (1) of this subsection.",

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and inserting in lieu thereof the following:
"(b) (1) An employee who has accrued more than 15 days of sick leave as of October 31 of any year may, by written notification to the appointing authority by no later than No vember 30 of that year:
(A) Convert up to three days of accrued sick leave in excess of 15 days to personal leave. Any personal leave not used by December 31 of the following year, or upon termina tion, shall be forfeited and not restored to the employee; or
(B) Convert one, two, or three days of accrued sick leave in excess of 15 days to the employee's regular salary, which amount the employee shall receive in a lump sum added to a pay check received by the employee during December of such year.
(2) In no event shall elections under subparagraph (A) and subparagraph (B) of para graph (1) of this subsection reduce the amount of accrued sick leave below the 15 days available as of October 31."
By striking in their entirety lines 7 through 13 on page 3, which read as follows:
"(d) Upon an employee in the classified service terminating state employment, such employee may convert up to 50 percent of unused sick leave to compensation or salary and receive a lump sum payment equal to a regular workday's compensation or salary multiplied by the number of days of unused sick leave, not to exceed 45 such days."
By striking from line 14 of page 3 the following: "(e)",
and inserting in lieu thereof the following: "(d)".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of SB 525 would be suspended until the next meeting day of the Senate, February 1.
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 391. By Senator Brannon of the 51st: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.
Senator Huggins of the 53rd moved that SB 391 be postponed until February 1.
Senator Newbill of the 56th moved that SB 391 be committed to the Senate Committee on Children and Youth.
Senator Newbill of the 56th asked unanimous consent to withdraw her motion; the con sent was granted, and the motion offered by Senator Newbill of the 56th was withdrawn.
Senator Newbill of the 56th moved the previous question.
Senator Newbill of the 56th asked unanimous consent to withdraw her motion; the con sent was granted, and the motion offered by Senator Newbill of the 56th was withdrawn.

WEDNESDAY, JANUARY 31, 1990

561

On the motion offered by Senator Huggins of the 53rd, the yeas were 43, nays 1; the motion prevailed, and SB 391 was postponed until February 1.

The President resumed the Chair.

SB 540. By Senator Phillips of the 9th:
A bill to amend Code Section 7-1-650 of the Official Code of Georgia Annotated, relating to the powers of a credit union, so as to authorize the investment of certain funds of credit unions by the buying or selling of loan participations through certain financial institutions.

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
CCloalyeman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Fuller Gillis Hammill Harris goward
JKoehHnnn^se"od1n8y Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd pav Scott of 2nd
SS,,,choutmt aok,fe36th ktarr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Engram (excused)

Fincher Garner

McKenzie Walker

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

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

SB 601. By Senators Turner of the 8th, McKenzie of the 14th, Kennedy of the 4th and Phillips of the 9th:
A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust compa nies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with re spect to certain business activities; to revise provisions relative to entities which may lawfully act as corporate fiduciaries.

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JOURNAL OF THE SENATE

The Senate Committee on Banking and Finance offered the following substitute to SB 601:
A BILL
To be entitled an Act to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust compa nies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with respect to certain business activities; to revise provisions relative to entities which may lawfully act as corporate fiduci aries; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust companies, is amended by striking subsection (b) of Code Section 7-1-241, relating to restrictions on engaging in the banking business, and inserting in its place a new subsection (b) to read as follows:
"(b) None of the following shall be deemed to be engaged in the business of receiving money for deposit or transmission within the meaning of subsection (a) of this Code section:
(1) A club or hotel to the extent it receives money from members or guests for tempo rary safekeeping;
(2) An express, steamship, or telegraph company to the extent it receives money for transmission;
(3) An attorney at law, real estate agent, fiscal agent, insurance company, utility com pany, or any other person or corporation to the extent he or it receives and transmits money solely as an incident to a business or profession not governed by this chapter;
(4) Persons or corporations engaged in the business of cashing checks, dispensing cash through credit or debit card activated electronic devices, or recording of financial transac tions resulting from and initiated at the point of the sale of goods or services; provided, however, no such person or corporation shall receive deposits or otherwise engage in the business of banking; or
(5) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. 78o or Code Section 10-5-3 to the extent that such securities broker or dealer:
(A) Sells certificates of deposit or interest in certificates of deposit or other deposit instruments issued by a bank or savings association, provided such securities broker or dealer fully and fairly discloses at the time of solicitation and confirmation whether or not federal deposit insurance is available for that deposit instrument;
(B) Purchases certificates of deposit or other deposit instruments issued by a bank or savings association for the account of the customer of such securities broker or dealer, pro vided such instruments are registered in the name of the customer or the custodian of such customer on the books or other records of the issuing bank or savings association; or
(C) Holds customer funds incidental to the purchase and sale of securities on behalf of such customer."
Section 2. Said part is further amended by striking subsection (a) of Code Section 7-1242, relating to restrictions on corporate fiduciaries, and inserting in its place a new subsec tion (a) to read as follows:
"(a) No corporation, partnership, or other business association may lawfully act as a fiduciary except:
(1) A financial institution authorized to act in such capacity pursuant to the provisions of Georgia law;
(2) A trust company;

WEDNESDAY, JANUARY 31, 1990

563

(3) A national bank located in this state authorized to act as a fiduciary under the laws of the United States;
(4) A savings and loan association located in this state and authorized to act as a fiduci ary under the laws of the United States;
(5) Attorneys at law licensed to practice in this state, whether incorporated as a profes sional corporation or otherwise;
(6) An investment adviser registered pursuant to the provisions of 15 U.S.C. 80b-3 or Code Section 10-5-3, provided this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the provisions of Title 53, relating to wills, trusts, and the administration of estates; or
(7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. 780 or Code Section 10-5-3 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
Bowen Broun ^urton

Fincher Foster Fuller Gillis Hammill
Harris Howard ^sins

Cowman
Collins Deal
Dean Echols Edge Egan English

Kennedy
Kidd Land
Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th
Ragan of 32nd ^ Scott of 2nd
f/ott of 36th
Starr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Dawkins

Engram (excused) Garner

Shumake Walker

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

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

SB 615. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, so as to define

564

JOURNAL OF THE SENATE

a certain term; to provide an editorial change; to further define the offense of financial transaction card fraud; to provide for penalties.

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 Bwen
urton ^CCj.-),ooe,llalylerlmmsan D ean Echols Edge Egan English Fincher

Fuller Gillis Hammill Harris Huggins
Kennedy TLLKaaidnndgd,ford, McKenzie Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SSS0_ htca1ourtmr.t 1aokfe36th Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barnes Brannon Broun Dawkins

Engram (excused) Foster Garner

Howard Johnson Walker

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

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

SR 335. By Senator Kennedy of the 4th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Tattnall County, Georgia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Burton Clay

Coleman Collins Deal Dean Echols Edge Egan English

Fincher Foster Fuller Gillis Hammill Harris Howard Huggins

WEDNESDAY, JANUARY 31, 1990

565

Kennedy Kidd
Landr , Langford McKenzie Newbill Olmstead
Parker

Peevy Perry
phill'Pf Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd

Scott of 36th Starr
Stumbaugh Tf * ate Taylor Turner
Tysinger

Those not voting were Senators:

Barnes Brannon Dawkins

Engram (excused) Garner Johnson

Shumake Timmons Walker

On the adoption of the resolution, the yeas were 47, nays 0.

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

SR 336. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in McDuffie County, Georgia; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bowen roun Kn Coleman 0Hjns Tjeai Dean Echols Edge Egan English

Fincher Foster Fuller Gillis
Hammill Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

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

Those not voting were Senators:

Barnes Brannon
Dawkins Engram (excused)

Garner Howard Ragan of 10th

Shumake Stumbaugh Walker

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

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JOURNAL OF THE SENATE

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

HB 1406. By Representatives Beck of the 148th, Pinkston of the 100th, Padgett of the 86th and Connell of the 87th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to revise the provisions rela tive to the interest, finance charges, and other fees and charges which may be imposed and collected by a domestic lender or credit card bank; to provide that certain charges and fees shall be deemed to be interest for the purposes of cer tain state and federal laws.
Senate Sponsor: Senator McKenzie of the 14th.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dean Echols Edge Egan Fincher

Foster Fuller 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 Taylor Timmons Turner Tysinger

Voting in the negative were Senators Deal and Peevy.

Those not voting were Senators:

Brannon Dawkins English

Engram (excused) Garner Kennedy

Tate Walker

On the passage of the bill, the yeas were 46, nays 2.

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

Serving as doctor of the day today was Dr. Evan Gonzales of Villa Rica, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:59 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 1, 1990 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. 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 Kidd of the 25th moved that the Senate reconsider its action of January 31 in defeating the following bill of the Senate:
SB 555. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions.
On the motion, the yeas were 33, nays 4; the motion prevailed, and SB 555 was recon sidered and placed at the bottom of the Senate Calendar for today.
Senator Shumake of the 39th moved that the Senate reconsider its action of January 31 in defeating the following bill of the Senate:
SB 494. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
On the motion, the yeas were 33, nays 5; the motion prevailed, and SB 494 was recon sidered and placed at the bottom of the Senate Calendar for today.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1559. By Representatives Waddle of the 113th and Watson of the 114th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the deannexation of certain property from the corporate limits of said city.
HB 1433. By Representative Childers of the 15th: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the pro-

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visions relating to the termination of the State Board of Hearing Aid Dealers and Dispensers and the repeal of the laws relating thereto.
HB 1171. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions.
HB 1252. By Representatives Barnett of the 10th, Coleman of the 118th, Pannell of the 122nd, Snow of the 1st, Holmes of the 28th and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to pro vide for jeopardy assessments in certain cases involving the possession, sale, or distribution of marijuana or other controlled substances.
HB 452. By Representatives Hamilton of the 124th, Holcomb of the 72nd, Herbert of the 76th, Hasty of the 8th, Dover of the llth and others:
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 certain definitions; to provide for certain rule-making authority of such council; to pro vide that public school teachers and public school employees shall be eligible for participation in such flexible employee benefit plan.
HB 1335. By Representatives Godbee of the 110th, Walker of the 115th, Coleman of the 118th, Groover of the 99th, McDonald of the 12th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including cer tain covenant agreements.
HB 1169. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Ricketson of the 82nd and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, brokers, and others, so as to provide that the licenses of insurance agents, brokers, or counselors shall be suspended or revoked if the holder of the license is convicted of or enters a plea of nolo contendere to certain offenses involving controlled substances.
HB 1254. By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.
HB 1440. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Streat of the 139th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for the use of writs of fieri facias and other civil remedies to collect delinquent pay-

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merits, fines, costs, and restitution or reparations ordered as a condition of probation.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 578. By Representative Thompson of the 20th: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia.
HR 585. By Representatives Crawford of the 5th and Porter of the 119th: A resolution proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides.
HR 592. By Representatives Jamieson of the llth and Dover of the llth: A resolution extending and redesignating the U.S. 441 Business Historic Route.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 663. By Senator Burton of the 5th: A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia.
Referred to Committee on Defense and Veterans Affairs.
SB 664. By Senator Dawkins of the 45th: A bill to amend Code Section 12-7-17 of the Official Code of Georgia Annotated, relating to exemptions regarding application of the "Erosion and Sedimentation Act of 1975," so as to provide that certain construction or maintenance projects shall conform to certain minimum standards; to provide an effective date.
Referred to Committee on Natural Resources.
SB 665. By Senator English of the 21st: A bill to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products, so as to provide for standards with re spect to the grading of dimension lumber; to require persons, firms, or corpora tions engaged in the business of grading dimension lumber to be licensed by a certain federal authority; to define a certain term.
Referred to Committee on Agriculture.
SB 666. By Senators Barnes of the 33rd and Peevy of the 48th: A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to Department of Transportation construction and mainte nance contracts and activities, so as to provide for the letting of contracts for certain projects; to provide for the bidding and award of certain contracts.
Referred to Committee on Transportation.

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SB 667. By Senator Johnson of the 47th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of such chapter; to provide rules and guidelines to deter mine if contracts are in partial restraint of trade. Referred to Committee on Judiciary.
SB 668. 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. Referred to Committee on Human Resources.
SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention. Referred to Committee on Judiciary.
SB 670. By Senator Allgood of the 22nd:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Food Act," so as to provide for the applicability of such article and its regulatory and inspection requirements to vending machines which dispense beverages. Referred to Committee on Agriculture.
SB 671. By Senator Phillips of the 9th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certifying and classifying of professionals employed in public schools, so as to change the conditions under which the State Board of Education may grant teaching certificates to certain persons. Referred to Committee on Education.
SR 391. By Senator Dawkins of the 45th:
A resolution relative to the siting of a regional hazardous waste disposal incinera tor in Georgia. Referred to Committee on Natural Resources.
SR 393. By Senator Gillis of the 20th:
A resolution urging the Georgia Congressional Delegation to support the enact ment of a nationwide prohibition against transporting solid waste from one state to another state for disposal or deposit and against disposing of or depositing solid waste in any state other than the state in which the waste was generated unless the state to which such waste is sent for disposal or deposit gives its con sent thereto. Referred to Committee on Natural Resources.

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SR 394. By Senator Gillis of the 20th:
A resolution urging the Georgia Congressional Delegation to support a limitation of liability of persons handling used oil and other products destined for recycling that may, through no fault of their own, result in environmental degradation.
Referred to Committee on Natural Resources.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 452. By Representatives Hamilton of the 124th, Holcomb of the 72nd, Herbert of the 76th and others:
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 certain definitions; to provide for certain rule-making authority of such council; to pro vide that public school teachers and public school employees shall be eligible for participation in such flexible employee benefit plan.
Referred to Committee on Governmental Operations.
HB 1169. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, brokers, and others, so as to provide that the licenses of insurance agents, brokers, or counselors shall be suspended or revoked if the holder of the license is convicted of or enters a plea of nolo contendere to certain offenses involving controlled substances.
Referred to Committee on Insurance.
HB 1171. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions.
Referred to Committee on Judiciary.
HB 1252. By Representatives Barnett of the 10th, Coleman of the 118th, Pannell of the 122nd and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to pro vide for jeopardy assessments in certain cases involving the possession, sale, or distribution of marijuana or other controlled substances.
Referred to Committee on Banking and Finance.
HB 1254. By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.
Referred to Committee on Education.

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HB 1335. By Representatives Godbee of the 110th, Walker of the 115th, Coleman of the 118th and others: A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including cer tain covenant agreements.
Referred to Committee on Banking and Finance.
HB 1433. By Representative Childers of the 15th: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the pro visions relating to the termination of the State Board of Hearing Aid Dealers and Dispensers and the repeal of the laws relating thereto.
Referred to Committee on Human Resources.
HB 1440. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for the use of writs of fieri facias and other civil remedies to collect delinquent pay ments, fines, costs, and restitution or reparations ordered as a condition of probation.
Referred to Committee on Judiciary.
HR 578. By Representative Thompson of the 20th: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia.
Referred to Committee on Public Utilities.
HR 585. By Representatives Crawford of the 5th and Porter of the 119th: A resolution proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides.
Referred to Committee on Special Judiciary.
HR 592. By Representatives Jamieson of the llth and Dover of the llth: A resolution extending and redesignating the U.S. 441 Business Historic Route.
Referred to Committee on Transportation.
HB 1559. By Representatives Waddle of the 113th and Watson of the 114th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the deannexation of certain property from the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Agriculture has had under consideration the following bills and reso-

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lutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 574. SB 576. HB 1105.

Do pass by substitute. Do pass. Do pass.

HB 1374. HR 466. HR 624.

Do pass. Do pass. Do pass by substitute.

Respectfully submitted,

Senator English of the 21st District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 484. Do pass by substitute. SB 485. Do pass by substitute.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 439. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations 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 633. Do pass by substitute.

HB 1131. Do pass.

SB 639. Do pass. HB 1094. Do pass.

HB 1154. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Reapportionment has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 598. Do pass.
Respectfully submitted,
Senator Walker of the 43rd District, Chairman

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Mr. President:

The Committee on Retirement 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 17. Do pass as amended.

HB 436. Do pass.

SB 549. Do pass.

HB 761. Do pass.

HB 44. Do pass.

HB 964. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 551. Do pass by substitute.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

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

SB 243. By Senators Stumbaugh of the 55th, Kidd of the 25th, Allgood of the 22nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive preservation of private enterprise with respect to government competition; to provide for legislative in tent; to provide for definitions; to prohibit state agencies from instituting or car rying on any commercial activity to provide goods or services for its own use.

SB 305. By Senators Kidd of the 25th, Walker of the 43rd, Scott of the 2nd and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of interior designers; to provide for declaration of purpose; to define certain terms; to establish the Georgia State Board of Registered Interior Designers and provide for its membership, powers, duties and compensation.

SB 427. By Senator Shumake of the 39th:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to provide that conviction of a first offense of hazing is punishable by a fine of $1,000.00; to provide that a conviction of a second offense is a felony; to provide a felony penalty if a person dies as a result of hazing.

SB 447. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insur ance plan, so as to provide that the State Personnel Board shall adopt and pro mulgate a schedule of maximum fees for medical and surgical services and pro fessional services provided in hospitals.

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SB 460. By Senator Broun of the 46th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of State from membership on the governing bodies of certain associations and authorities.
SB 471. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation proceedings before a special master, so as to change the definition of the term "condemning body" or "condemnor"; to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, known as the "Downtown Development Authorities Law," so as to authorize downtown development authorities to exercise the power of eminent domain under certain limited circumstances.
SB 529. By Senator Baldwin of the 29th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale and storage of liquefied petroleum gas, so as to change provisions relating to storage facilities required to be maintained by persons, firms, and corporation licensed to sell or distribute liquefied petroleum gas.
SB 537. By Senator Johnson of the 47th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to change the provisions relating to alien corporations acquiring of record any real property; to change the provisions relating to annual registrations of alien corporations and the filing and contents thereof.
SB 544. By Senators Land of the 16th and Parker of the 15th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance documents shall be deemed counterfeit or false; to provide penalties; to provide an effective date.
SB 548. By Senator Kidd of the 25th:
A bill to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit; to provide for the initial and subsequent elections of such judge; to provide for terms of office; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit.
SB 564. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to add execu tor, administrator, or heirs and assigns of the mortgagor to the list of those per sons who may execute a cancellation of a mortgage; to remove an incorrect refer ence within the provision relating to cancellation of mortgages.

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SB 586. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to provide that a protec tive order issued to prevent disclosure of materials or information related to a personal injury action or action for wrongful death produced in discovery in any cause shall not prohibit an attorney from voluntarily sharing such materials or information with another attorney.
SB 588. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, so as to provide for confidentiality of examination questions and other examination materials; to clarify certain provisions relating to subpoenas; to modify the venue provisions for cease and desist orders; to provide an effective date.
SB 651. By Senator Dawkins of the 45th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions.
SB 652. By Senator Dawkins of the 45th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Authority Act," so as to provide for additional members of such authority; to provide for appointment, qualifications, quorums, and terms of office; to provide that the promotion of certain waste minimization shall be a purpose of such authority; to provide for an effective date.
SR 289. By Senator Newbill of the 56th:
A resolution creating the Senate Teacher Certification Study Committee.
SR 304. By Senators Broun of the 46th, Parker of the 15th and Land of the 16th:
A resolution providing for the Georgia 1992 Commission and its composition and organization, terms, vacancies, compensation and allowances, authority, powers, duties, and abolition.
SR 363. By Senators Scott of the 2nd, Kidd of the 25th, Olmstead of the 26th and others; A resolution creating the Joint Legislative Study Committee on Efficiency in State Government and providing for the powers and duties of such committee.
HB 1219. By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.
HB 1220. By Representatives Lawson of the 9th, Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to create The Council of Superior Court Clerks of Georgia; to provide for the composition of the council.

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HB 1273. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated.

HB 1277. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, so as to make certain grammatical and editorial changes.

HB 1278. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Of ficial Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.

HB 1361. By Representatives Chambless of the 133rd, Thomas of the 69th, Robinson of the 96th and Pannell of the 122nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions of terms used in the "Georgia Business Corporation Code".

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

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge English 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 Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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Those not answering were Senators:

Bowen Dean

Egan Engram

Garner

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

Senator Kennedy of the 4th introduced Flavio Togni, animal trainer, and Ruthie Chap man, lady clown, who are appearing currently with the Ringling Bros, and Barnum & Bailey Circus in Atlanta, and were commended by SR 385, adopted previously.

Senator Pollard of the 24th introduced the Evans High School baseball team and Coach Terry Holder, who were commended by SR 388, adopted previously.

Senator Pollard of the 24th introduced the Columbia County Recreation Department's 1989 Dixie Majors All-Star Baseball Team, who were commended by SR 355, adopted previously.

The following resolution of the Senate was read and adopted:

SR 392. By Senators Peevy of the 48th, Deal of the 49th and Barnes of the 33rd: A resolution recognizing Earley Lee Biffle.

SENATE CALENDAR Thursday, February 1, 1990 SIXTEENTH LEGISLATIVE DAY

SR 327 Solid Waste Recycling or Facilities--general obligation debts (Substitute) (B&F--14th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 525 Merit System Employee--converting sick leave (Amendment) (Gov Op--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 519 Hazardous Waste Reduction Plans--generators prepare (Substitute) (I&L--28th)
SB 538 Dentistry License--qualifications (Hum R--23rd) SB 552 Sterilization--conditions (Hum R--48th)
SB 556 Administrative Procedure Act--Board of Regents not subject to (Ed--46th) SB 560 Advisory Commission on Visually, Hearing Impaired--termination provisions
(Hum R--5th) SB 572 Composite Board of Professional Counselors--termination provisions (Hum
R--42nd)
SB 573 Board of Dispensing Opticians--termination provisions (Hum R--42nd)
SB 579 Witness Fees--arson investigator, firefighter (Pub S--13th) SB 580 Mutual Aid Act--cooperation between local and University System law enforce
ment (Substitute) (H Ed--30th)
SB 592 Cemetery Regulations--apply to aboveground merchandise (Gov Op--51st)
SB 593 Coroner's Training Council--quorum (Gov Op--51st) SB 594 Suspicious Death--county of medical examiner pay embalming (Gov Op--51st)
SB 595 Coroner's Training Council--terms of office (Gov Op--51st) SB 608 Water Quality Control Act--penalty up to $100,000 certain violations (Nat
R--29th)

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579

SB 613 State Purchasing--relating to preference for Georgia vendors (Gov Op--26th) SB 617 Local Governments--administrative services at competitive prices (Gov
Op--26th) SB 620 Asbestos Safety Act--change termination date, continue (Gov Op--14th) SR 283 Constitutional Amendments--initiative petition (Gov Op--55th) HB 346 Chief Deputy Registrars--exempt from certain restrictions (Substitute) (Gov
Op--25th) HB 1180 Seat Belts--redefine "passenger vehicle" (Pub S--15th) HB 1186 Motor Vehicle Franchise Practices Act--attorney's fees certain actions (Pub
S--22nd) HB 1295 Certain Motor Vehicle Accidents--report to Public Safety not required (Pub
S--7th) SB 391 Child Custody--change age when child may select parent (C&Y--51st) SB 555 Public Employees--breaks during eight-hour day (Gov Op--25th) SB 494 Water--prohibit denial because of former owner arrears (Amendment) (U&CA
G--39th)
Senator McKenzie of the 14th moved that the following resolution of the House be withdrawn from the Senate Committee on Public Utilities and committed to the Senate Committee on Urban and County Affairs (General):
HR 638. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th: A resolution ratifying certain minimum standards and procedures of the Depart ment of Community Affairs.
On the motion, the yeas were 33, nays 0; the motion prevailed, and HR 638 was with drawn from the Senate Committee on Public Utilities and committed to the Senate Com mittee on Urban and County Affairs (General).
The following general resolution of the Senate, having been read the third time on Jan uary 31, and final action suspended until today, pursuant to Senate Rule 143, was continued upon its adoption:
SR 327. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others: A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for solid waste recycling or other solid waste facilities or sys tems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide for the submission of this amendment for ratification or rejection.
The substitute to SR 327 offered by Senator McKenzie of the 14th on January 31, as it appears in the Journal of January 31, was automatically reconsidered and put upon its adoption.
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, was agreed to by substitute.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon BTM" BCluaryton
Coleman Collins
Deal Dean Echols Edge Egan English

Fincher Foster Fuller Gillis Hammill Harris Howard Uuggim JKoehnnnseodny
Kidd Land
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 0 , umak, e
L Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Dawkins

Engram

Garner

On the adoption of the resolution, the yeas were 53, nays 0.

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

The following general bill of the Senate, having been read the third time on January 26 and postponed until January 30, and final action suspended on January 31, pursuant to Senate Rule 143, was continued upon its passage:

SB 525. 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 an employee in the classified service to convert up to three days of accrued sick leave to three regular workdays' compensation or salary under cer tain circumstances in lieu of converting such accrued sick leave to personal leave.

The amendment to SB 525 offered by Senator Kidd of the 25th on January 31, as it appears in the Journal of January 31, was automatically reconsidered and put upon its adoption.

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

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

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

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581

Those voting in the affirmative were Senators:

Albert Allgood Bowen Brannon CDoealel man
Dean
English
Fincher Foster

Fuller Gillis Hammill Harris HHuogwgairnds
Kennedy
Kidd
Langford Olmstead

Parker Ragan of 10th Rav Scott of 2nd 0Sco.t,t of, 3,,6-.t,h
Shumake
Stumbaugh
Tate Walker

Those voting in the negative were Senators:

Baldwin Barker
Barnes BBruorutonn Clay Collins Dawkins

Echols Edge
E8an JLoahnndson McKenzie Newbill Peevy

Perry Phillips
Ragan of 32nd bQt, arr Timmons Turner Tysinger

Those not voting were Senators:

Engram Garner

Pollard

Taylor

On the passage of the bill, the yeas were 29, nays 23.

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

Senator McKenzie of the 14th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 525.

Senator Langford of the 35th moved that Senator Engram of the 34th be excused from the Senate today due to illness.

On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Engram was excused from the Senate today.

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

SB 519. By Senators Edge of the 28th, Dawkins of the 45th and Howard of the 42nd:
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 for the preparation of hazardous waste reduction plans by hazardous waste generators and for annual progress reports in connection therewith.

The Senate Committee on Industry and Labor offered the following substitute to SB 519:

A BILL
To be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide for additional definitions; to provide for the preparation of hazardous waste reduc-

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tion plans by hazardous waste generators and for biennial progress reports in connection therewith; to provide that out-of-state hazardous waste generators storing, treating, or dis posing of hazardous waste within this state shall prepare hazardous waste reduction plans and biennial progress reports; to provide procedures and criteria for the evaluation by local governments of applications for permits for hazardous waste facilities; to provide for the submission of certain reports by local governments and for the consideration of such re ports; to provide for environmental impact reports; to change the provisions relating to the preemption of other laws and local ordinances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," is amended by adding in Code Section 12-8-62, relating to definitions, new paragraphs (10.2) and (17) to read, respectively, as follows:
"(10.2) 'Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute hazardous waste or 2,200 pounds or more of hazardous waste in one month, as defined in the Rules for Hazardous Waste Management, Chapter 391-3-11 of the Board of Natural Resources."
"(17) 'Waste reduction' means a practice, other than dewatering, dilution, or evapora tion, by an environmental waste generator, including changes in production technology, materials, processes, operations or procedures or use of in-process, in-line, or closed loop recycling according to standard engineering practices, that reduces the environmental and health hazards associated with waste without diluting or concentrating the waste before re lease, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exits a produc tion or commercial operation. Waste reduction shall not in any way be inferred to promote, include or require:
(A) Waste burning in industrial furnaces, boilers, or cement kilns;
(B) Transfer of an environmental waste from one environmental medium to another environmental medium (otherwise known as waste shifting);
(C) Conversion of a potential waste into another form for use in a production process or operation without serving any substantial productive function;
(D) Off-site waste recycling; or
(E) Any other method of end-of-pipe management of environmental wastes."
Section 2. Said article is further amended by adding immediately following Code Sec tion 12-8-65 new Code Sections 12-8-65.1, 12-8-65.2, and 12-8-65.3 to read as follows:
"12-8-65.1. (a) By not later than January 1, 1992, large quantity hazardous waste gener ators shall develop hazardous waste reduction plans and submit such plans to the director. At a minimum, the plans shall include:
(1) A written policy articulating upper management and corporate support for the gen erator's hazardous waste reduction plan and a commitment to implement plan goals;
(2) The scope and objectives of the plan, including the evaluation of technologies, pro cedures, and personnel training programs to ensure unnecessary hazardous waste is not gen erated and specific goals for hazardous waste reduction, based on the director's assessment of what is technically and economically practical;
(3) Internal analysis of hazardous waste streams, with periodic hazardous waste reduc tion assessments, to review individual processes or facilities and other activities where haz ardous waste may be generated and identify opportunities to reduce or eliminate hazardous waste generation; such assessments shall evaluate data on the types, amount, and hazardous constituents of hazardous waste generated, where and why that hazardous waste was gener-

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583

ated within the production process or other operations, and potential hazardous waste re duction and recycling techniques applicable to those hazardous wastes;
(4) Hazardous waste accounting systems that identify hazardous waste management costs and factor in liability, compliance, and oversight costs to the extent technically and economically practical;
(5) Employee awareness and training programs, to involve employees in hazardous waste reduction planning and implementation to the maximum extent feasible;
(6) Institutionalization of the plan to ensure an ongoing effort as demonstrated by in corporation of the plan into management practice and procedures; and
(7) Implementation of technically and economically practical hazardous waste reduction options, including a plan for implementation, which shall include a description of options considered and an explanation of why options considered were not implemented.
(b) As part of each hazardous waste reduction plan developed under subsection (a) of this Code section, each large quantity hazardous waste generator shall establish specific per formance goals for the reduction of hazardous waste. Wherever technically and economically practical, the specific performance goals established under this subsection shall be expressed in numeric terms. If the establishment of numeric performance goals is not practical, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as practical. Each large quantity hazardous waste generator shall explain the rationale for each performance goals. The rational for a particu lar performance goal shall address any impediments to hazardous waste reduction, including but not limited to the following:
(1) The availability of technically practical hazardous waste reduction methods, includ ing any anticipated changes in the future;
(2) Previously implemented reductions of hazardous waste; and
(3) The economic practicability of available hazardous waste reduction methods, includ ing any anticipated changes in the future.
(c) Examples of situations where hazardous waste reduction may not be economically practical as provided for in paragraph (3) of subsection (b) of this Code section include but are not limited to:
(1) For valid reasons of priority, a particular company may choose first to address other more serious hazardous waste reduction concerns;
(2) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or
(3) Legal or existing contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction.
(d) All large quantity hazardous waste generators shall complete biennially a hazardous waste reduction progress report. A biennial progress report shall:
(1) Analyze and quantify progress made, if any, in hazardous waste reduction, relative to each performance goal established under subsection (b) of this Code section; and
(2) Set forth amendments to the hazardous waste reduction plan and explain the need for the amendments.
(e) The board may adopt and promulgate such rules and regulations as may be neces sary to further define and implement the provisions of this Code section and Code Section 12-8-65.2, provided such rules and regulations are supplemental to and not in conflict with this Code section and Code Section 12-8-65.2.
12-8-65.2. (a) All large quantity hazardous waste generators shall complete and submit to the director a hazardous waste reduction plan on or before January 1, 1992. The plans shall be updated and progress reported on a biennial basis thereafter. The first updated

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biennial report shall be due in 1994 and shall be submitted to the director as prescribed in rules or regulations adopted by the board. The preface to an initial hazardous waste reduc tion plan may include:
(1) An explanation and documentation regarding hazardous waste reduction efforts completed or in progress before the first reporting date; and
(2) An explanation and documentation regarding impediments to hazardous waste re duction specific to the individual hazardous waste generator.
(b) The director shall consider information provided under subsection (a) of this Code section in any review of a hazardous waste reduction plan under subsection (d) of this Code section.
(c) Subject to available funding, the Georgia Institute of Technology shall provide tech nical assistance, if requested, to hazardous waste generators in reducing the amount and toxicity of hazardous waste generated, in preparing hazardous waste reduction plans, and in preparing biennial progress reports.
(d) (1) The director may review a hazardous waste reduction plan or a biennial hazard ous waste reduction progress report to determine whether the plan or progress report meets the requirements of this Code section and Code Section 12-8-65.1. If a large quantity haz ardous waste generator fails to complete an adequate plan or biennial progress report, the director may notify the large quantity hazardous waste generator of the inadequacy, identi fying the specific deficiencies. The director also may specify a reasonable time, which shall not be less than 90 days, within which the large quantity hazardous waste generator shall submit a modified plan or biennial progress report addressing the specified deficiencies.
(2) If the director determines that a modified plan or biennial progress report submit ted pursuant to paragraph (1) of this subsection is inadequate, the director may either re quire further modification or issue an administrative order pursuant to paragraph (3) of this subsection.
(3) If after having received a list of specified deficiencies from the director, a large quantity hazardous waste generator fails to develop an adequate plan or biennial progress report within a time specified pursuant to paragraph (1) or (2) of this subsection, the direc tor may order such large quantity hazardous waste generator to submit an adequate plan or biennial progress report within a reasonable time, which shall not be less than 90 days. If the large quantity hazardous waste generator fails to develop an adequate plan or biennial progress report within the time specified, the director shall conduct a hearing on the plan or biennial progress report. Except as provided under rules or regulations adopted by the board pursuant to the provisions of subparagraph (H) of paragraph (1) of Code Section 128-64, in any hearing under this subsection the relevant hazardous waste reduction plan or biennial progress report shall be considered a public record for the purposes of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records. After conducting such hearing, the director may issue such order as may be necessary to require the large quantity hazardous waste generator to develop an adequate hazardous waste reduction plan or bien nial progress report or both.
(e) The director shall maintain a copy of each hazardous waste reduction plan and bien nial progress report received. This information shall be available to the public at the direc tor's or the divisions's office.
12-8-65.3. (a) For the purposes of this Code section, 'out-of-state generator' means any large quantity hazardous waste generator generating hazardous waste at a location outside the State of Georgia.
(b) As a condition of allowing any out-of-state generator to store, treat, or dispose of hazardous waste at a hazardous waste disposal facility located within the State of Georgia, such out-of-state generator shall prepare and submit to the director a hazardous waste re duction plan and biennial hazardous waste reduction progress reports in substantial compli ance with the requirements of Code Sections 12-8-65.1 and 12-8-65.2.

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585

(c) No hazardous waste disposal facility shall accept hazardous waste from an out-ofstate generator unless the out-of-state generator presents to the owner or operator of the hazardous waste facility evidence from the director that the out-of-state generator is in com pliance with the provisions of subsection (b) of this Code section."
Section 3. Said article is further amended by striking subsection (h) of Code Section 128-66, relating to permits for the construction and operation of hazardous waste facilities, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows:
"(h) (1) Upon the first receipt of an application for a hazardous waste facility permit, the director, within 15 days, shall provide to the government of the county in which the facility is located or is proposed to be located, to each city government located wholly or partially within that county, and to the government of each county and city having territo rial boundaries within two miles of the hazardous waste facility or proposed hazardous waste facility, a written notice indicating that an application has been received and describ ing the hazardous waste activities the applicant proposes to conduct. Within a 30 day period after first receipt of such application, the director shall also publish in at least one local newspaper of general circulation in the county a public notice that an application for a hazardous waste facility permit has been received. A public hearing shall be held if such is requested in writing within 30 days after publication of notification and is requested by 25 or more persons who claim to be affected by the pending permit application, by a govern mental subdivision, or by an association having not fewer than 25 members. If requested, the public hearing shall be conducted at the county seat of the county in which the hazard ous waste facility is proposed to be located. At least 45 days prior to the date of the public hearing, the director shall provide written notice to the various local governmental subdivi sions and other interested parties in the locality in which the proposed facility may be lo cated that a public hearing has been requested, which written notice shall also include the date, time, location, and purpose of the public hearing. The date, time, location, and pur pose of such public hearing shall be advertised in the legal organ of the county in which the facility is proposed at least 45 days in advance of the date set for the hearing. Such public hearings shall be held for the purpose of receiving comments and suggestions concerning the location and requirements for the operation of a hazardous waste facility. The director shall consider fully all written and oral submissions regarding the proposed facility and the pend ing application.
(2) Any local government which receives a notice from the director under paragraph (1) of this subsection that an application for a hazardous waste facility has been received shall prepare a report representing its interpretation of the concerns of its respective community. Such report shall be submitted to the director within 90 days after the public hearing pro vided for in paragraph (1) of this subsection or within 90 days after receiving notice from the director of the pendency of an application, if no public hearing is held under paragraph (1) of this subsection. The local government shall include in the report its recommendation to accept, reject, or modify the application for the hazardous waste facility permit. Nothing in this Code section shall be construed as providing a local government with the power to veto or prohibit the location of any such facility within its boundaries. Said local govern ment may only make recommendations as provided in this article and the final decision as to the permitting of such a facility shall rest with the director, subject to the provisions of this article. The local government's recommendation shall be adopted at a meeting of its governing authority, and the adoption of such recommendation shall be 'official action' within the meaning of Code Section 50-14-1. The governing authority of the local govern ment shall conduct at least one public hearing on the application for the hazardous waste facility permit prior to the date of the meeting at which the recommendation is adopted. The governing authority of the local government shall publish the date, time, place, and purpose of the public hearing in the legal organ of the county of the local government at least once during a period of at least five but not more than 15 days prior to the date of the public hearing, and during the same period, said governing authority shall transmit to the print and broadcast news media serving the area in which the local government is located a press release giving the date, time, place, and purpose of the public hearing. The local gov-

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ernment's recommendation shall be based upon the application of the following criteria which shall consider the difference between storage, treatment, and disposal facilities:
(A) The hazardous waste facility is not located in an area where geologic and hydrogeologic site characteristics are not suitable to protect water resources;
(B) The hazardous waste facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding area;
(C) The plan of operation for the hazardous waste facility is designed to minimize the danger to the surrounding area from fire, spills, leakage, or other operational accidents;
(D) The traffic patterns and the capacity of roads and bridges to or from the hazardous waste facility are designed to minimize the impact on existing traffic flows;
(E) An emergency response plan has been formulated by or for the hazardous waste facility which includes notification, containment, and evacuation procedures to be used in case of an accidental release;
(F) If the hazardous waste facility is located in a county or municipality which has adopted a hazardous or solid waste management plan or a zoning ordinance, the hazardous waste facility is consistent with such plan or zoning ordinance;
(G) Distances from occupied dwellings, including but not limited to private residences, schools, churches, commercial buildings, and other buildings not associated with the hazard ous waste facility, and scenic, cultural, and recreational areas are such as to minimize the adverse economic impacts on the local and surrounding community;
(H) The hazardous waste facility is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected; and
(I) The previous operating experience and past record of convictions relevant to the operation of the proposed hazardous waste facility, or admissions of violations, other than minimal nonwillful permit violations, of the applicant and any subsidiary or parent corpora tion operating in the field of solid or hazardous waste management.
(3) The director shall consider the reports of local governments in granting or denying hazardous waste facility permits."
Section 4. Said article is further amended by adding immediately following Code Sec tion 12-8-66 a new Code Section 12-8-66.1 to read as follows:
"12-8-66.1. (a) In addition to the requirements of Code Section 12-8-66 and any other provisions of this article, an applicant for a hazardous waste facility permit issued pursuant to the provisions of this article shall file an environmental impact report with the director at the time the application is first filed. The environmental impact report shall consist of an analysis of the impact the proposed hazardous waste facility will have on the land, air, and water resources of the area where the hazardous waste facility is to be located and the im pact the hazardous waste facility will have on wildlife, human health, and human recrea tional resources.
(b) The board shall provide by rules and regulations specific requirements and guide lines for the environmental impact reports required by subsection (a) of this Code section.
(c) The environmental impact reports required by subsection (a) of this Code section shall apply to:
(1) Any application for a hazardous waste facility permit filed on or after July 1, 1990;
(2) Any renewal of a hazardous waste facility permit on or after July 1, 1990;
(3) The granting of a hazardous waste facility permit on or after July 1, 1990, to any applicant who was accorded interim status prior to that date; and
(4) Any modification or amendment of a hazardous waste facility permit considered on or after July 1, 1990."

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Section 5. Said article is further amended by striking Code Section 12-8-79, relating to the preemption of other laws and local ordinances, in its entirety and substituting in lieu thereof a new Code Section 12-8-79 to read as follows:
"12-8-79. Subject to the provisions of the Constitution of Georgia, no other law of this state and no action, ordinance, regulation, or law of any county, municipality, or other polit ical subdivision shall operate to prevent the location or operation of a hazardous waste facil ity holding a valid hazardous waste facility permit issued under this article and the rules and regulations promulgated hereunder, provided that nothing in this Code section shall be construed to prevent any county or municipality from exercising the powers provided for in subsection (h) of Code Section 12-8-66 or to prevent any county, municipality, or other political subdivision from challenging a facility's compliance with this article or any rule or regulation, order, or permit provision or condition adopted or issued under this article."
Section 6. 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 SB 519 offered by the Senate Committee on Industry and Labor by striking on page 13, line 21, Section 4 and renumbering Section 5 as Section 4, and Section 6 as Section 5.
Senator Gillis of the 20th moved that SB 519 be committed to the Senate Committee on Natural Resources.
Senator Dawkins of the 45th moved that SB 519 be postponed until Tuesday, February 6.
Senator Gillis of the 20th asked unanimous consent to withdraw his motion that SB 519 be committed to the Senate Committee on Natural Resources, and the consent was granted.
On the motion offered by Senator Dawkins of the 45th, the yeas were 47, nays 3; the motion prevailed, and SB 519 was postponed until Tuesday, February 6.
Senator Broun of the 46th introduced the doctor of the day, Dr. William Mayberry, of Watkinsville, Georgia.
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 538. By Senators Albert of the 23rd, Kidd of the 25th, English of the 21st and others: A bill to amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, so as to change the provisions relating to qualification for a license; to provide that certain appli cants who hold a license to practice dentistry in another state, who have taught full time at an accredited dental school for a certain period, and who meet cer tain other requirements shall be exempt from taking an examination.
Senator Albert of the 23rd moved that SB 538 be postponed until February 2.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 538 was post poned until February 2.
SB 552. By Senator Peevy of the 48th: A bill to amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to the performance of sterilization procedures, so as to remove certain

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language from Code Section 31-20-2, relating to the performance of a sterilization procedure upon request.

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 Burton Coleman Dawkins Deal Dean Echols Edge English

Fincher Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Olmstead Peevy

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

Those voting in the negative were Senators:

Barker Barnes Clay

Collins Egan Newbill

Ragan of 32nd Shumake

Those not voting were Senators:

Broun Engram (excused) Foster

Fuller Garner Kidd

Parker Starr Tate

On the passage of the bill, the yeas were 39, nays 8.

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

SB 556. By Senators Broun of the 46th and Foster of the 50th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the Board of Regents of the University System of Georgia is not subject to the Act; to provide that the State Board of Education and the Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education.
Senators Deal of the 49th and Peevy of the 48th offered the following amendment:

Amend SB 556 by striking lines 31, 32 and 33 of page 2 and substituting in lieu thereof the following:
"without such approval.";
and by striking lines 1 and 2 of page 3.

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589

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

The report of the committee, which was favorable to the passage of the bill, 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 rannon
nBP,urutonn
Coleman C 0 H ms Deal Dean Echols Edge Egan

English Fincher Foster pul]er
Gillis Hammill Harris
,,HHuogwgamrds
Johnson Kennedy Land McKenzie Newbill Olmstead Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd Ray Scott of 2nd
SS,,,hcoutmt aok.fe36th
Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Dawkins
Engram (excused) Garner

Kidd Langford

Parker Walker

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

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

Senator Broun of the 46th moved that SB 556 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 1; the motion prevailed, and SB 556 was immedi ately transmitted to the House.

SB 560. By Senators Burton of the 5th and Phillips of the 9th:
A bill to amend Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, so as to change certain provisions regarding termination of the commission; to provide for an effective date.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen
Broun
*Cluaryton CCoollleimnsan
Dawkins Deal Dean Echols Edge

Egan Foster Fuller Gillis Hammill
Harris
Keonwnaerdy LMacnKdenzie
Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 32nd Rav Scott of 2nd
Scott of 36th Shumake
Stumb, augh.
Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon English Engram (excused)

Fincher Garner Huggins Johnson

Kidd Langford Ragan of 10th Taylor

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

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

SB 572. By Senator Howard of the 42nd:

A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change certain provisions relating to the ter mination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the repeal of the laws relating thereto.

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 Dawkins Deal Dean Echols

Edge Egan English Fincher Foster Fuller 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

THURSDAY, FEBRUARY 1, 1990

591

Stumbaugh Tate Taylor

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Collins Engram (excused)

Garner

Langford

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

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

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

SB 573. By Senator Howard of the 42nd:
A bill to amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change the provisions relating to the termination of the State Board of Dispensing Opticians and the repeal of the laws relating thereto; to provide for an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes
Bowen Brannon Broun Burton Coleman Collins Dawkins Echols Edge Egan

Foster Fuller Gillis Harris
Howard Huggins Johnson Kidd Land McKenzie Newbill Parker Peevy Phillips

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

Those not voting were Senators:

Barker
lav Deal Dean English

Engram (excused)
Fisher Garner Hammill Kennedy (presiding)

Langford Olmstead
Perrv Scott of 36th

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

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

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SB 579. By Senator Bowen of the 13th:
A bill to amend Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, correctional officers, and similar persons, so as to provide for the payment of such witness fees to any arson investigator of the state fire marshal's office or any member of a local fire department.

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
nBCluarvton Coleman Collins Dean Echols Egan English

Foster Gillis Harris
Howard Huggins Johnson KTLaidndd. Newbill Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd Scott of 36th SS_ htaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker
Edge Engram (excused)

Fincher Fuller Garner Hammill

Kennedy (presiding) Langford McKenzie Walker

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

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

SB 580. By Senator Garner of the 30th:
A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to change the definition of a cer tain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia under certain conditions.

The Senate Committee on Higher Education offered the following substitute to SB 580:

A BILL
To be entitled an Act to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to change the definition of a certain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University

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System of Georgia under certain conditions; to provide for authorization for such coopera tion and assistance prior to local emergencies under certain conditions; to provide for pow ers, duties, rights, privileges, and immunities of certain employees of institutions within the University System of Georgia who render aid; to provide for responsibility for expenses and compensation of certain employees of institutions within the University System of Georgia; to provide for applicability of privileges, immunities, exemptions, and benefits of certain employees of institutions within the University System of Georgia; to provide for the con struction of certain laws with respect to the duties of a public safety agency of an institution within the University System of Georgia; to provide that neither the public safety agency of an institution of the University System of Georgia nor such institution shall be liable for acts or omissions of responding agency employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," is amended by striking in its entirety Code Section 36-69-2, relating to the meaning of the term "local emergency," and inserting in lieu thereof a new Code Section 36-69-2 to read as follows:
"36-69-2. As used in this chapter, the term 'local emergency' means the existence of conditions of extreme peril to the safety of persons and property within the territorial limits of a political subdivision of the state or on a campus of an institution within the University System of Georgia caused by natural disasters, riots, civil disturbances, or other situations presenting major law enforcement and other public safety problems, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision of the state and which require the combined forces of other politi cal subdivisions of the state to combat."
Section 2. Said chapter is further amended by striking in its entirety Code Section 3669-3, relating to extraterritorial cooperation and assistance to local law enforcement agencies or fire departments, and inserting in lieu thereof a new Code Section 36-69-3 to read as follows:
"36-69-3. (a) (1) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the chief of police or public safety director of any municipality or chief of police or public safety director of any county police force may, with the approval of the governing authority of any such officer's political subdivision, and the sheriff of any county may cooperate with and render assistance extraterritorially to such local law enforcement agency requesting the same.
(2) (A) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the public safety director or chief of police of any institution within the University System of Georgia may, with the approval of the president of such institution, cooperate with and render assistance extraterritorially to such law enforcement agency requesting the same.
(B) Upon the request for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, which request is made by a public safety director or chief of police of any institution within the University System of Georgia after approval by the president of such institution, the chief of police or public safety director of any mu nicipality or chief of police or public safety director of any county police force may, with the approval of the governing authority of any such officer's political subdivision, and the sheriff of the county may cooperate with and render assistance extraterritorially to such law en forcement agency of the institution requesting the same.

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(b) Upon the request of any local fire department for assistance in a local emergency, in preventing or suppressing a fire, or in protecting life and property, the fire chief or public safety director of any local political subdivision may, with the approval of the governing authority of such political subdivision, cooperate with and render assistance extraterritorially to such local fire department requesting the same.
(c) Upon the request of any local law enforcement agency or local director of emergency medical services for assistance in a local emergency or in transporting wounded, injured, or sick persons to a place where medical or hospital care is furnished, emergency medical tech nicians employed by a political subdivision may, with the approval of the governing author ity of such political subdivision, cooperate with and render assistance extraterritorially to such local law enforcement agency or local director of emergency services.
(d) Authorization for furnishing assistance extraterritorially may be granted by the sheriff of any county or the governing authority of a local political subdivision or the presi dent of an institution within the University System of Georgia to any of its agencies or employees covered by this Code section prior to any occurrence resulting in the need for such assistance; provided, however, that any prior authorization granted by the president of an institution within the University System of Georgia for the furnishing of assistance ex traterritorially must be submitted to and approved by the board of regents before it be comes effective. Such authorization may provide limitations and restrictions on such assis tance furnished extraterritorially, provided that such limitations and restrictions do not conflict with the provisions of Code Sections 36-69-4 through 36-69-6.
(e) The senior officer of the public safety agency of a political subdivision or institution within the University System of Georgia which requests assistance in a local emergency as provided in this Code section shall be in command of the local emergency as to strategy, tactics, and overall direction of the operations with respect to the public safety officers and employees rendering assistance extraterritorially at the request of such public safety agency. All orders or directions regarding the operations of the public safety officers and employees rendering assistance extraterritorially shall be relayed to the senior officer in command of the public safety agency rendering assistance extraterritorially."
Section 3. Said chapter is further amended by striking in its entirety Code Section 3669-4, relating to powers, duties, rights, privileges, and immunities of employees of a political subdivision rendering aid, and inserting in lieu thereof a new Code Section 36-69-4 to read as follows:
"36-69-4. Whenever the employees of any political subdivision or institution within the University System of Georgia are rendering aid outside their political subdivision or cam pus, respectively, and pursuant to the authority contained in this chapter, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were per forming their duties in the political subdivision or on the campus of the institution in which they are normally employed."
Section 4. Said chapter is further amended by striking in its entirety Code Section 3669-5, relating to responsibility for expenses and compensation of employees, and inserting in lieu thereof a new Code Section 36-69-5 to read as follows:
"36-69-5. Unless otherwise provided by contract, the political subdivision or institution within the University System of Georgia which furnishes any equipment pursuant to this chapter shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. Unless otherwise provided by contract, the politi cal subdivision or institution within the University System of Georgia furnishing aid pursu ant to this chapter shall compensate its employees during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for com pensation due to personal injury or death while such employees are engaged in rendering such aid."
Section 5. Said chapter is further amended by striking in its entirety Code Section 36-

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69-6, relating to applicability of privileges, immunities, exemptions, and benefits, and in serting in lieu thereof a new Code Section 36-69-6 to read as follows:
"36-69-6. All of the privileges and immunities from liability; exemption from laws, ordi nances, and rules; and all pension, insurance, relief, disability, workers' compensation, sal ary, death, and other benefits which apply to the activity of such officers, agents, or employ ees of any such political subdivision or institution within the University System of Georgia when performing their respective functions within the territorial limits of their respective political subdivisions or campuses shall apply to such officers, agents, or employees to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this chapter relating to mutual aid. The provisions of this Code section shall apply with equal effect to paid, volunteer, and auxiliary employees."
Section 6. Said chapter is further amended by striking in its entirety Code Section 3669-7, relating to liability for acts or omissions of responding agency employees, and inserting in lieu thereof a new Code Section 36-69-7 to read as follows:
"36-69-7. Neither a public safety agency which requests assistance pursuant to Code Section 36-69-3 nor the political subdivision or institution of the University System of Geor gia in which the public safety agency is located shall be liable for any acts or omissions of employees of a responding public safety agency rendering assistance extraterritorially under the provisions of this chapter."
Section 7. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-69-8, relating to construction of said chapter, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The provisions of this chapter shall not be construed as creating a duty on the part of any public safety agency of a local political subdivision or institution within the Univer sity System of Georgia to respond to a request from any public safety agency of another local political subdivision or institution of the University System of Georgia as authorized in Code Section 36-69-3."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, 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 Deal Dean

Edge Egan Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson 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

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Tate Taylor

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Dawkins Echols English

Engram (excused) Garner Kennedy (presiding)

Langford McKenzie

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

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

SB 592. By Senator Brannon of the 51st:
A bill to amend Code Section 44-3-141 of the Official Code of Georgia Annotated, relating to cemetery rules and regulations and service charges, so as to provide that cemetery rules and regulations shall apply to merchandise used or installed aboveground in a cemetery.

Senator Pollard of the 24th offered the following amendment:

Amend SB 592 by striking on page 2, line 2, beginning at word "No", and strike through line 7 including the word "regulations."

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

On 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 Brannon Burton Clay Coleman Egan

Foster Fuller Hammill Howard Huggins Kidd Land

Perry Pollard Scott of 2nd Scott of 36th Shumake Tate Tysinger

Those voting in the negative were Senators:

Baldwin Bowen Collins Deal Dean Echols Edge English

Harris McKenzie Newbill Olmstead Parker Peevy Phillips

Ragan of 10th Ragan of 32nd Ray Starr Timmons Turner Walker

Those not voting were Senators:

Barker Broun

Dawkins Engram (excused)

Fincher Garner

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Gillis Johnson

Kennedy (presiding) Langford

Stumbaugh Taylor

On the passage of the bill, the yeas were 22, nays 22.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Brannon of the 51st gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 592.

SB 593. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, so as to change the provisions relating to the quorum necessary for the council to transact business.

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 rannon
n BQu"rtonn
Coleman Collins Deal Dean Echols Edge Egan

Fincher Foster Fuller
Hammill Harris Howard
JHTouh, gBng6sionns
Kidd Land Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th
Ragan of 32nd Ray Scott of 2nd
SS0 ht. aurmr ake
Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Dawkins English Engram (excused)

Garner Gillis Kennedy (presiding)

Langford McKenzie Scott of 36th

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

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

SB 594. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the coroner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, so as to change the provisions relating to payment of the expense of embalming under certain circumstances.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Edge Egan English Fincher

Foster Fuller Hammill Harris Howard Huggins Johnson 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 Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Echols.

Those not voting were Senators:

Barker Brannon Dawkins

Engram (excused) Garner Gillis

Kennedy (presiding) Kidd Langford

On the passage of the bill, the yeas were 46, nays 1.

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

SB 595. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council.

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 Deal Dean Echols

Egan English Fincher Foster Fuller Hammill Harris

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599

Howard Huggins Johnson 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 Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Dawkins Edge

Engram (excused) Garner Gillis

Kennedy (presiding) Langford

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

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

SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maxi mum penalty to $100,000.00.

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 grannon ^uarton
Cole-man C 0 ni ns Dawkins Deal Dean Echols Edge English

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

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

Those voting in the negative were Senators:

Egan

Shumake

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Those not voting were Senators:

Allgood Broun Engram (excused)

Garner Kennedy (presiding) Langford

Stumbaugh Walker

On the passage of the bill, the yeas were 46, nays 2.

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 12:12 o'clock P.M. until 1:30 o'clock P.M.

At 1:30 o'clock P.M., the President called the Senate to order.

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

SB 613. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a preference for Georgia vendors from other states when such states give in-state vendors a pref erence over Georgia vendors; to provide for related matters; to provide an effec tive date.

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

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

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Bowen Brannon Burton C0CC1looallyleimnsan
Dawkins Deal
Dean Echols
Edge Egan

Fincher Fuller Gillis Hammill Howard Huggins J-KKtor eihdnndnseodjny
Land McKenzie
Newbill Olmstead
Parker Peevy

Perry Phillips Pollard Ragan of loth Ragan of 32nd ^ ^o_0ccoo,tt,tt oolf,. ,,236ntd,h,
Starr Stumbaugh
Taylr Turner
Tysinger Walker

Those not voting were Senators:

Albert Barnes Broun English

Engram (excused) Foster Garner Harris

Langford Shumake Tate Timmons

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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601

SB 617. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Adminis trative Services, so as to provide that a local political subdivision shall not re quest a service from the Department of Administrative Services unless such po litical subdivision is unable to procure such service at the local level from the private sector at competitive prices.

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 Coleman Collins Deal Dean Echols Edge Egan

Fincher Fuller Gillis Hammill Howard Huggins Johnson Kennedy Kidd McKenzie Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Albert Broun Dawkins English Engram (excused)

Foster Garner Harris Land

Langford Ragan of 10th Starr Taylor

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

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

SB 620. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Asbestos Safety Act," so as to change the termination of "sunset" date of the Act; to provide for the continuation of said Act and the Asbestos Licensing Board for an additional period of time; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

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

Egan Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

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

Those not voting were Senators:

Broun English Engram (excused) Garner

Harris Langford Ragan of 10th

Shumake Starr Taylor

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

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

The following general bill of the House, having been read the third time on February 14, 1989, and committed to the Senate Committee on Governmental Operations, and favora bly reported by the committee, was put upon its passage:

HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and dep uty registrars.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 346:

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to exempt certain county chief deputy registrars from certain restrictions applicable to county registrars or deputy registrars; to exempt certain municipal chief deputy registrars from certain restrictions applicable to municipal registrars or deputy registrars; 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 subsection (a) of Code Section 21-2-123, relating to the qualifications

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of county registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving as a member of a county board of registrars, deputy registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible for any nomination or office to be voted for at a general primary or general election or to qualify for any nomination or office or to have such person's name placed on any general primary or general election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of his intention of write-in candidacy; provided, however, that this ineligibility shall not apply to a a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding or to a chief deputy registrar who is also an elected public officer and who seeks to qualify for election to a public office other than the public office such chief deputy registrar is presently holding if such chief deputy registrar resigns as chief deputy registrar prior to qualifying for election to such other public office. No person who is a member of a county board of registrars, deputy registrar, or member of a county board of elections shall be eligible for any nomina tion or office to be voted for at a special primary or special election or to qualify for any nomination or office or to have such person's name placed on any special primary or special election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of such person's intention of write-in candidacy until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a county board of elections. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, board of registrars, or deputy registrar, while conducting the duties of such person's office, shall en gage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communica tion that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages."
Section 2. Said title is further amended by striking subsection (a) of Code Section 21-3121, relating to qualifications of municipal registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a general primary or general elec tion; provided, however, that this ineligibility shall not apply to a a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding or to a chief deputy registrar who is also an elected public officer and who seeks to qualify for election to a public office other than the public office such chief deputy registrar is presently holding if such chief deputy registrar resigns as chief deputy registrar prior to qualifying for election to such other public office. No person who is a registrar, deputy registrar, or member of a board of elections shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a special primary or special election until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a board of elections. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having such officer's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar, deputy registrar, or member of a board of elections, while performing the du ties of such office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engag ing in any communication that advocates or criticizes a particular candidate, officeholder, or

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political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages."
Section 3. 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 346 offered by the Senate Committee on Governmental Operations by inserting between "registrars;" and "to" on line 7 of page 1 the following:
"to provide an effective date;"

By striking from lines 8 through 14 of page 2 the following:
"or to a chief deputy registrar who is also an elected public officer and who seeks to qualify for election to a public office other than the public office such chief deputy registrar is presently holding if such chief deputy registrar resigns as chief deputy registrar prior to qualifying for election to such other public office."
By striking from lines 28 through 33 of page 3 and line 1 of page 4 the following:
"or to a chief deputy registrar who is also an elected public officer and who seeks to qualify for election to a public office other than the public office such chief deputy registrar is presently holding if such chief deputy registrar resigns as chief deputy registrar prior to qualifying for election to such other public office".
By inserting between lines 22 and 23 of page 4 the following:
"Section 3. This Act shall become effective January 1, 1991."
By striking "Section 3." and inserting in its place "Section 4." on line 23 of page 4.

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

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen
Clay CCoollleimnsan
Dawkins Deal Dean Echols Edge Egan

English Fincher Foster Fuller
Gillis Hammill Hward Huggms JKoehnnnseodny
Kidd Newbill Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake ,, *Stumb, aughu
late Taylor Timmons Turner Tysinger Walker

THURSDAY, FEBRUARY 1, 1990

605

Those not voting were Senators:

Barnes Brannon Engram (excused)

Garner Harris Land

Langford McKenzie Peevy

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 Kennedy of the 4th, President Pro Tempore, assumed 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 1180. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".
Senate Sponsor: Senator Parker of the 15th.

Senator Stumbaugh of the 55th offered the following amendment:

Amend HB 1180 by adding on line 4 of page 1 after the semicolon and before "to" the following:
"to change the provisions relating to the offense of failure to wear a safety belt;".
By adding between lines 18 and 19 of page 1 a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by striking paragraph (2) of subsec tion (e) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
'(2) A person failing to comply with the requirements of subsection (b) of this Code section who is also charged with violating any other provision of this title shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the dispo sition of the case of failure to wear a seat safety belt to the Department of Public Safety.' "
By redesignating Section 2 on line 19 of page 1 as Section 3.

On the adoption of the amendment, the yeas were 31, nays 6, and the amendment was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of HB 1180 would be suspended until the next meeting day of the Senate, February 2.

The following general bill of the House, having been withdrawn from the Senate Com mittee on Judiciary on January 25 and committed to the Senate Committee on Public Safety, and favorably reported by the committee, was read the third time and put upon its passage:

HB 1186. By Representatives Jackson of the 9th and Barnett of the 10th:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for attorney's fees in certain enforcement actions; to specify what

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adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed.
Senate Sponsor: Senator Allgood of the 22nd.

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 Collins Dawkins Deal Dean Echols Edge

Egan English Fincher Foster
Gillis Hammill Howard Huggins Johnson Kidd McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Barnes
Coleman Engram (excused) Garner

Harris
Kennedy (presiding) Land Langford

Peevy
Scott of 2nd Shumake Stumbaugh

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

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

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

HB 1295. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial respon sibility, so as to remove the requirement that certain accidents be reported to the Department of Public Safety.
Senate Sponsor: Senator Perry of the 7th.

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

THURSDAY, FEBRUARY 1, 1990

607

On 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
B ro" n ^CC,loUalrylti0nns
Dawkins Deal Dean Echols Edge Egan

English Fincher Foster Fuller
Gillis Hammill
Hward JKHouihdgndgsionns
Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of loth
Ragan of 32nd ^
Scott of 2nd Scott of 36th Shumake
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Coleman Engram (excused)

Garner Harris Kennedy (presiding)

Langford Starr Stumbaugh

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

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

The following general bill of the Senate, having been read the third time on January 31 and postponed until February 1, was put upon its passage:

SB 391. By Senator Brannon of the 51st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.

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 Echols Fincher Fuller Gillis

Hammill Muggins Kidd Land Langford Parker Peevy Perry

Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Taylor Timmons Walker

Those voting in the negative were Senators:

Albert Baldwin

Barker Broun

Clay Coleman

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JOURNAL OF THE SENATE

Collins Dawkins Edge Egan English

Foster Johnson McKenzie Newbill Olmstead Phillips

Pollard Ragan of 32nd Starr Tate Turner Tysinger

Those not voting were Senators:

Barnes Engram (excused) Garner

Harris Howard

Kennedy (presiding) Stumbaugh

On the passage of the bill, the yeas were 24, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Brannon of the 51st gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 391.

The following general bill of the Senate, having been read the third time on January 31 and lost, and reconsidered previously today, was put upon its passage:

SB 555. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions.

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 Bowen Brannon Coleman Deal Dean Echols English Fincher

Foster Fuller Gillis Hammill Muggins Kidd Land Langford Olmstead Parker Peevy

Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Baldwin Broun
p. Collins Dawkins

Edge Egan
Johnson McKenzie Newbill

Perry Phillips
Ragan of 32nd Starr Tysinger

THURSDAY, FEBRUARY 1, 1990

609

Those not voting were Senators:

Barnes Engram (excused) Garner

Harris Howard

Kennedy (presiding) Stumbaugh

On the passage of the bill, the yeas were 33, nays 16.

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

The following general bill of the Senate, having been read the third time on January 31 and lost, and reconsidered previously today, was put upon its passage:

SB 494. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.

The following amendment offered by the Senate Committee on Urban and County Af fairs was adopted on January 31:

Amend SB 494 by adding after "charges" on line 11 of page 1 the following: ", with certain exceptions".
By striking the period and quotation marks from line 5 of page 2 and inserting in their place the following:
", unless the water service has been provided to the owner of the property.'"

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:

Bowen Brannon
DB uear tl n Echols English Fuller

Gillis Hammill
LTHaun&dfins McKenzie Parker Perry

Phillips Ragan of 10th
Shumake
iaylor Timmons Turner

Those voting in the negative were Senators:

Albert Allgood Baldwin
^Braorkuenr Clay Coleman Collins

Dawkins Dean Edge
EFogsatner Harris Howard Johnson

Kidd Langford Newbm
Olmstead
Peeyy Pollard Ragan of 32nd

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JOURNAL OF THE SENATE

Ray Scott of 2nd

Scott of 36th Tate

Tysinger Walker

Those not voting were Senators:

Barnes Engram (excused) Fincher

Garner Kennedy (presiding)

Starr Stumbaugh

On the passage of the bill, the yeas were 20, nays 29.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 8:30 o'clock A.M. tomorrow, and the motion prevailed.

At 3:03 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 8:30 o'clock A.M. tomorrow.

FRIDAY, FEBRUARY 2, 1990

611

Senate Chamber, Atlanta, Georgia Friday, February 2, 1990
Seventeenth Legislative Day
The Senate met pursuant to adjournment at 8:30 o'clock A.M. and was called to order by the President.
Senator Muggins 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 by the requisite constitutional majority the following bills of the House and Senate:
HB 1575. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to provide that those members of the board of commissioners elected at the general election in November, 1988 shall serve until December 31, 1991.
HB 1576. By Representatives Bates of the 141st and Long of the 142nd: A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the boundaries of Decatur County; to provide a short title.
HB 1579. By Representatives Pannell of the 122nd, Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th: A bill to amend an Act authorizing the Board of Public Education for the City of Savannah and the County of Chatham to adopt, establish, and administer a sys tem of pensions for old age and disabilities of its teachers and employees, so as to change the provisions relating to the retirement board.
HB 1584. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A bill to amend an Act re-creating and reincorporating the City of Woodstock, so as to change the compensation of the mayor and councilmembers.
HB 1586. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the 10th: A bill to amend an Act creating a board of commissioners for Cherokee County, so as to provide that neither the chairman nor any commissioner shall be quali fied for election to any position the term of office of which begins more than 30 days prior to the expiration of such chairman's or commissioner's present term of office.
HB 1588. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to authorize the board of commissioners to levy an additional 10 percent on fines for viola tions of municipal ordinances; to provide that such funds be used for the con struction, maintenance, and operation of a city jail.

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JOURNAL OF THE SENATE

HB 1149. By Representative Alien of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, fire men, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".
HB 1053. By Representatives Redding of the 50th, Wilder of the 21st, Davis of the 29th, Randall of the 101st and Clark of the 55th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, so as to provide for the applicability of those requirements to certain rules of the Department of Medical Assistance.
HB 1435. By Representatives Twiggs of the 4th and Coleman of the 118th:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant certain law enforcement jurisdiction over highway safety rest areas to the Uniform Division.
HB 1436. By Representatives Twiggs of the 4th and Thomas of the 69th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the criminal offense of trafficking in cocaine, illegal drugs, or mari juana, so as to change the elements of and punishment for the offense of traffick ing in marijuana.
HB 1349. By Representative Groover of the 99th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetu ities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created.
HB 1151. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, as as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers and motor contract carriers and to determine if such mo tor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drugs laws.
HB 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws.
HB 1035. By Representative Padgett of the 86th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to

FRIDAY, FEBRUARY 2, 1990

613

change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
HB 1415. By Representatives Parrish of the 109th, Cummings of the 17th, Baker of the 51st and Clark of the 13th:
A bill to amend Code Section 47-20-36 of the Official Code of Georgia Annotated, relating to reports of actuarial investigations on retirement bills having a fiscal impact, so as to change the date for the completion of such actuarial investigations.
HB 1095. By Representatives Moore of the 139th, Jamieson of the llth, Parham of the 105th and Parrish of the 109th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to the service retirement allowance and calculation of retirement benefits or allowances under the Employees' Retirement System of Georgia, so as to change the retirement allowance.
HB 752. By Representative Parrish of the 109th:
A bill to amend Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, so as to authorize certain members to transfer their membership to the Employees' Re tirement System of Georgia.
HB 754. By Representative Parrish of the 109th:
A bill to amend Code Section 47-2-163 of the Official Code of Georgia Annotated, relating to the provision of the Employees' Retirement System of Georgia au thorizing survivors benefits for members of the General Assembly, so as to change the provisions relating to such coverage for survivors benefits.
HB 764. By Representatives Parrish of the 109th, Parham of the 105th and Moore of the 139th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to the effects of convictions for certain crimes on member ship in public retirement systems, so as to provide that no person who commits or conspires to commit the murder or voluntary manslaughter of a member, re tiree, or beneficiary under a public retirement system shall receive a refund of contributions or any benefit.
HB 1114. By Representative Clark of the 13th:
A bill to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to authorize credita ble service for certain prior service as a member of the General Assembly; to provide an option for retired members who return to service in the General As sembly to return to active membership in the retirement system.
HB 1470. By Representatives Colwell of the 4th, Twiggs of the 4th, Irwin of the 13th, Do ver of the llth and Murphy of the 18th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate "The Reach of Song" as the official state historic drama.

614

JOURNAL OF THE SENATE

HB 115. By Representatives Porter of the 119th, Coleman of the 118th, Parrish of the 109th and Oliver of the 121st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide that when a spouse who is a beneficiary under an option prede ceases a retired member, the retirement benefit of the retired member shall be increased to the maximum benefit.
HB 441. By Representatives Porter of the 119th and Birdsong of the 104th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain service as a state court judge.
HB 255. By Representatives Porter of the 119th and Jamieson of the llth:
A bill to amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to author ize the commissioner of public safety to assess a fine against an insurer which sends a notice of cancellation to the Department of Public Safety in violation of the department's regulations.
HB 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees.
HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941.
HB 1595. By Representatives Jackson of the 9th, Barnett of the 10th and Kilgore of the 42nd:
A bill to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and em ployees, so as to allow state departments to reimburse employees for the pay ment of application fees for commercial drivers' licenses.
HB 1351. By Representatives Royal of the 144th, Chambless of the 133rd, Dover of the llth, Holland of the 136th, Reaves of the 147th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that employers of farm laborers may elect to provide coverage for in dividuals employed as farm laborers; to provide for notices to be filed with the State Board of Workers' Compensation; to authorize the State Board of Workers' Compensation to provide the manner and form of such notices.
HB 455. By Representatives Kingston of the 125th and Bostick of the 138th:
A bill to amend Code Section 33-34-12 of the Official Code of Georgia Annotated, relating to the offenses of operating a motor vehicle without proof of insurance and operating or authorizing another to operate a motor vehicle without insur-

FRIDAY, FEBRUARY 2, 1990

615

ance coverage, so as to increase certain penalties for knowingly operating or au thorizing another to operate a motor vehicle without insurance coverage under certain circumstances.
HB 1372. By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to delete the provisions on fish, so as to delete the provisions of Code Section 27-4-10 which provide for a creel and possession limit for red drum; to delete the provisions of Code Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout.
HB 1523. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Geor gia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.
HB 1373. By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, so as to provide that the commissioner of natural resources may authorize conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision of this state in the prevention or detection of violations of any law or in the apprehension or arrest of criminals.
SB 516. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
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 instances when food shall be deemed to be adulterated; to provide that food containing certain pesticide residues shall be deemed to be adulterated and unsafe.
SB 518. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to change the definition of the term "farmers' market"; to change the provisions relating to the rental or leasing of real property; to provide for the powers and duties of the Commissioner of Agriculture.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 262. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Divi sion of the Department of Public Safety, so as to change certain qualifications.
SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and con trol of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter.

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JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 751. By Representative Brooks of the 34th:
A resolution declaring Saturday, March 10, 1990, to be Harriet Tubman Day.
HR 758. By Representatives Patten of the 149th, Carter of the 146th, Barfoot of the 120th and Crawford of the 5th:
A resolution urging the Georgia Congressional Delegation to support a limitation of liability of persons handling used oil and other products destined for recycling that may, through no fault of their own, result in environmental degradation.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 672. By Senator Langford of the 35th:
A bill to amend Code Section 17-12-13 of the Official Code of Georgia Annotated, relating to the financing of costs and expenses of indigent defense programs by county governing authorities, so as to provide that the State of Georgia shall reimburse all counties that support an office of public defender that has provided representation for indigents; to provide for related matters; to provide an effec tive date. Referred to Committee on Judiciary.
SB 673. By Senator Albert of the 23rd:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide for the regulation of charges and interest on loans secured by secondary security deeds on certain residential prop erty subject to prior lien or security deed; to provide certain definitions. Referred to Committee on Banking and Finance.
SB 674. By Senators Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the defini tion of "land surveying". Referred to Committee on Judiciary.
SB 675. By Senator Echols of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 676. By Senators Foster of the 50th, Tate of the 38th, Deal of the 49th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to provide a scholar ship program for academically qualified but economically disadvantaged students in Georgia; to provide for legislative purpose; to provide for administration by the Georgia Student Finance Commission. Referred to Committee on Education.

FRIDAY, FEBRUARY 2, 1990

617

SB 677. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.
Referred to Committee on Urban and County Affairs.
SB 678. By Senator Kidd of the 25th:
A bill to amend Code Section 30-3-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to handicap access to public facilities, so as to provide that the provisions of Chapter 3 of Title 30, relating to handicap access to public facilities, shall apply to certain multifamily dwellings constructed for first occupancy after March 13, 1991. Referred to Committee on Governmental Operations.
SR 395. By Senators Dean of the 31st, Kennedy of the 4th, Olmstead of the 26th and English of the 21st:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto. Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 115. By Representatives Porter of the 119th, Coleman of the 118th, Parrish of the 109th and Oliver of the 121st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide that when a spouse who is a beneficiary under an option prede ceases a retired member, the retirement benefit of the retired member shall be increased to the maximum benefit. Referred to Committee on Retirement.
HB 255. By Representatives Porter of the 119th and Jamieson of the llth:
A bill to amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to author ize the commissioner of public safety to assess a fine against an insurer which sends a notice of cancellation to the Department of Public Safety in violation of the department's regulations. Referred to Committee on Public Safety.
HB 441. By Representatives Porter of the 119th and Birdsong of the 104th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain service as a state court judge. Referred to Committee on Retirement.
HB 455. By Representatives Kingston of the 125th and Bostick of the 138th:
A bill to amend Code Section 33-34-12 of the Official Code of Georgia Annotated, relating to the offenses of operating a motor vehicle without proof of insurance and operating or authorizing another to operate a motor vehicle without insur ance coverage, so as to increase certain penalties for knowingly operating or au-

618

JOURNAL OF THE SENATE

thorizing another to operate a motor vehicle without insurance coverage under certain circumstances. Referred to Committee on Public Safety.
HB 752. By Representative Parrish of the 109th:
A bill to amend Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, so as to authorize certain members to transfer their membership to the Employees' Re tirement System of Georgia. Referred to Committee on Retirement.
HB 754. By Representative Parrish of the 109th:
A bill to amend Code Section 47-2-163 of the Official Code of Georgia Annotated, relating to the provision of the Employees' Retirement System of Georgia au thorizing survivors benefits for members of the General Assembly, so as to change the provisions relating to such coverage for survivors benefits. Referred to Committee on Retirement.
HB 764. By Representatives Parrish of the 109th, Parham of the 105th and Moore of the 139th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to the effects of convictions for certain crimes on member ship in public retirement systems, so as to provide that no person who commits or conspires to commit the murder or voluntary manslaughter of a member, re tiree, or beneficiary under a public retirement system shall receive a refund of contributions or any benefit. Referred to Committee on Retirement.
HB 1035. By Representative Padgett of the 86th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future. Referred to Committee on Retirement.
HB 1053. By Representatives Redding of the 50th, Wilder of the 21st, Davis of the 29th, Randall of the 101st and Clark of the 55th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, so as to provide for the applicability of those requirements to certain rules of the Department of Medical Assistance. Referred to Committee on Human Resources.
HB 1095. By Representatives Moore of the 139th, Jamieson of the llth, Parham of the 105th and Parrish of the 109th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to the service retirement allowance and calculation of retirement benefits or allowances under the Employees' Retirement System of Georgia, so as to change the retirement allowance. Referred to Committee on Retirement.

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619

HB 1114. By Representative Clark of the 13th:
A bill to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to authorize credita ble service for certain prior service as a member of the General Assembly; to provide an option for retired members who return to service in the General As sembly to return to active membership in the retirement system. Referred to Committee on Retirement.
HB 1149. By Representative Alien of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, fire men, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty". Referred to Committee on Public Safety.
HB 1151. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers and motor contract carriers and to determine if such mo tor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drug laws. Referred to Committee on Public Utilities.
HB 1349. By Representative Groover of the 99th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetu ities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created. Referred to Committee on Judiciary.
HB 1351. By Representatives Royal of the 144th, Chambless of the 133rd, Dover of the llth and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that employers of farm laborers may elect to provide coverage for in dividuals employed as farm laborers; to provide for notices to be filed with the State Board of Workers' Compensation; to authorize the State Board of Workers' Compensation to provide the manner and form of such notices. Referred to Committee on Industry and Labor.
HB 1372. By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to delete the provisions on fish, so as to delete the provisions of Code Section 27-4-10 which provide for a creel and possession limit for red drum; to delete the provisions of Code Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout. Referred to Committee on Natural Resources.
HB 1373. By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, so as to provide that the

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commissioner of natural resources may authorize conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision of this state in the prevention or detection of violations of any law or in the apprehension or arrest of criminals. Referred to Committee on Natural Resources.
HB 1415. By Representatives Parrish of the 109th, Cummings of the 17th, Baker of the 51st and Clark of the 13th:
A bill to amend Code Section 47-20-36 of the Official Code of Georgia Annotated, relating to reports of actuarial investigations on retirement bills having a fiscal impact, so as to change the date for the completion of such actuarial investigations. Referred to Committee on Retirement.
HB 1435. By Representatives Twiggs of the 4th and Coleman of the 118th:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant certain law enforcement jurisdiction over highway safety rest areas to the Uniform Division. Referred to Committee on Public Safety.
HB 1436. By Representatives Twiggs of the 4th and Thomas of the 69th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the criminal offense of trafficking in cocaine, illegal drugs, or mari juana, so as to change the elements of and punishment for the offense of traffick ing in marijuana. Referred to Committee on Judiciary.
HB 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws. Referred to Committee on Judiciary.
HB 1470. By Representatives Colwell of the 4th, Twiggs of the 4th, Irwin of the 13th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate "The Reach of Song" as the official state historic drama. Referred to Committee on Governmental Operations.
HB 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees. Referred to Committee on Education.

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HB 1523. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Geor gia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges. Referred to Committee on Judiciary.
HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941. Referred to Committee on Defense and Veterans Affairs.
HB 1595. By Representatives Jackson of the 9th, Barnett of the 10th and Kilgore of the 42nd:
A bill to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and em ployees, so as to allow state departments to reimburse employees for the pay ment of application fees for commercial drivers' licenses. Referred to Committee on Public Safety.
HR 758. By Representatives Patten of the 149th, Carter of the 146th and others:
A resolution urging the Georgia Congressional Delegation to support a limitation of liability of persons handling used oil and other products destined for recycling that may, through no fault of their own, result in environmental degradation. Referred to Committee on Natural Resources.
HB 1575. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to provide that those members of the board of commissioners elected at the general election in November, 1988 shall serve until December 31, 1991. Referred to Committee on Urban and County Affairs.
HB 1576. By Representatives Bates of the 141st and Long of the 142nd:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the boundaries of Decatur County; to provide a short title. Referred to Committee on Urban and County Affairs.
HB 1579. By Representatives Pannell of the 122nd, Dixon of the 128th, Hamilton of the 124th and others:
A bill to amend an Act authorizing the Board of Public Education for the City of Savannah and the County of Chatham to adopt, establish, and administer a sys tem of pensions for old age and disabilities of its teachers and employees, so as to change the provisions relating to the retirement board. Referred to Committee on Urban and County Affairs.

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HB 1584. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A bill to amend an Act re-creating and reincorporating the City of Woodstock, so as to change the compensation of the mayor and councilmembers.
Referred to Committee on Urban and County Affairs.
HB 1586. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the 10th: A bill to amend an Act creating a board of commissioners for Cherokee County, so as to provide that neither the chairman nor any commissioner shall be quali fied for election to any position the term of office of which begins more than 30 days prior to the expiration of such chairman's or commissioner's present term of office.
Referred to Committee on Urban and County Affairs.
HB 1588. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to authorize the board of commissioners to levy an additional 10 percent on fines for viola tions of municipal ordinances; to provide that such funds be used for the con struction, maintenance, and operation of a city jail.
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 and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 630. Do pass by substitute. SB 638. Do pass by substitute. SR 334. Do pass.
Respectfully submitted, Senator Barker of the 18th District, Chairman
Mr. President:
The Committee on Human Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 366. Do not pass. SR 217. Do pass. HB 1250. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:

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SB 499. Do pass.

Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Utilities has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 591. Do pass by substitute.
Respectfully submitted,
Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 638. 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 House and has instructed me to report the same back to the Senate with the
following recommendations:

HB 515. Do pass.

HB 1485. Do pass.

HB 1290. Do pass.

HB 1494. Do pass.

HB 1399. 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 554. Do pass. SB 600. Do pass as amended. HB 1207. 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:

SB 17. By Senators Kennedy of the 4th, Ray of the 19th and Dean of the 31st:
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 there

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shall be no limit on the amount of unused sick leave which may be accumulated for the purpose of members of the Teachers Retirement System of Georgia ob taining creditable service under said retirement system for such unused sick leave.
SB 439. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification of certain personnel, so as to change the requirements for renewable certificates and change the persons eligible for nonrenewable certificates.
SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delinquent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Corrections.
SB 485. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide for evaluations of delinquent or unruly children committed to the department; to provide for the contents of such evalu ations; to provide for reevaluations.
SB 549. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that persons becoming Governor after a certain date shall forfeit part-time service as a condition of membership in the retirement system during service as Governor; to provide for other matters relative to the foregoing; to provide an effective date.
SB 551. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to provide that, upon special written findings of fact, a superior court may order a defendant remanded into custody; to provide for psychiatric or psychological evaluations and reports related thereto; to provide for facilities.
SB 574. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to continue the Georgia Auctioneers Commission but provide for the later termination of the commission and the repeal of the laws relating thereto; to provide an effective date.
SB 576. By Senator English of the 21st:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Equine Act," so as to provide that proof of a negative Coggins test for Equine Infectious Anemia shall be presented at the point of sale of all equines in the State of Georgia.

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625

SB 598. By Senators Parker of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability.
SB 633. By Senators Shumake of the 39th and Kidd of the 25th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to require school attendance as a condition of eligibility for assistance; to provide for the release of school attendance records.
SB 639. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing.
HB 44. By Representative Buck of the 95th:
A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivor benefits.
HB 436. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, so as to provide for member ship for certain officials and employees of the judicial branch of state government.
HB 761. By Representative Parrish of the 109th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to clarify the provisions relating to the determination of average final compensation.
HB 964. By Representative Mangum of the 57th:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to change the provisions relating to the reestablishment of such creditable service.
HB 1094. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the definition of certain terms; to regulate interdepartmental transfers; to authorize depart ments to require working test periods for certain employees subject to an inter departmental transfer.

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HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers.
HB 1131. By Representatives Dover of the llth, Kilgore of the 42nd and Irwin of the 13th:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment and compensation of chief registrars and other regis trars, so as to change the provisions relating to the per diem compensation or monthly compensation received by the chief registrars and other registrars.
HB 1154. By Representative Alien of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed.
HB 1374. By Representatives Walker of the 115th, Reaves of the 147th, Godbee of the 110th and others:
A bill to amend Code Section 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, so as to change provisions relating to compensation of members of the authority; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions.
HR 466. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on certain loans made to farmers and to authorize the appropriation of funds for the purposes of such emerging crops fund.
HR 624. By Representatives Reaves of the 147th, Greene of the 130th, Royal of the 144th and others:
A resolution urging the United States Environmental Protection Agency to allow the continued use of EBDC fungicides and Benomyl on certain vegetables.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Bowen Brannon Burton Clay

Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Fincher Foster Fuller Gillis Hammill Harris Howard

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627

Huggins Johnson Kennedy
McKenzie Newbill Olmstead Parker

Peevy Perry Phillips
Pollard Ragan of 10th Ragan of 32nd Scott of 2nd

Scott of 36th Shumake Stumbaugh
Tate Timmons Turner Tysinger

Those not answering were Senators:

Barnes Broun Engram Garner

Kidd Langford Ray

Starr Taylor Walker

Senator Howard of the 42nd introduced the chaplain of the day, Reverend Robert Broughton, pastor of New Springfield Baptist Church, East Point, Georgia, who offered scripture reading and prayer.

The following resolution of the House was read and adopted:

HR 751. By Representative Brooks of the 34th: A resolution declaring Saturday, March 10, 1990, to be Harriet Tubman Day.

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
Friday, February 2, 1990
SEVENTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 515 Scott, 36th Engram, 34th Egan, 40th Langford, 35th Tate, 38th Howard, 42nd Fulton and DeKalb Counties City of Atlanta
Provides that housing units in certain urban redevelopment areas shall be eligible for consideration as urban enterprise zones.

HB 1290 Kennedy, 4th Tattnall County City of Reidsville
Removes certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office.

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HB 1399 Bowen, 13th Crisp County City of Cordele
Changes the purpose of the Cordele Office Building Authority.

HB 1485 Timmons, llth Stewart County
Provides that the governing authority of Stewart County shall continue to be the commissioner of Stewart County.

HB 1494 Timmons, llth Stewart County
Creates a board of elections and registration for Stewart County and provides for the composition of the board and the appointment, qualifications, and the terms of its members.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun Burton Clay Collins Deal Dean Echols Edge Egan

English Foster Hammill Harris Howard Huggins Johnson Kennedy Land McKenzie Olmstead Parker Peevy Perry

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

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Barker
BCaorlenmesan Dawkins Engram

Fincher Fuller
Garner Gillis

Kidd Langford
Starr Timmons

On the passage of all the local bills, the yeas were 42, nays 1.

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

Senator Peevy of the 48th moved that the following bill of the House be withdrawn

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629

from the Senate Committee on Judiciary and committed to the Senate Committee on Spe cial Judiciary:
HB 67. By Representative Wall of the 61st: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 67 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Special Judiciary.
Senator Deal of the 49th moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Govern mental Operations:
SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th, Barker of the 18th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 669 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Governmental Operations.
SENATE CALENDAR
Friday, February 2, 1990
SEVENTEENTH LEGISLATIVE DAY
HB 1180 Seat Belts--redefine "passenger vehicle" (Amendment) (Pub S--15th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SR 283 Constitutional Amendments--initiative petition (Gov Op--55th) SB 243 Private Enterprise--preservation regarding government competition (Substitute)
(Gov Op--55th) SB 305 Interior Designers--license, regulate (Substitute) (Gov Op--25th) SB 427 Hazing--punishments (Substitute) (Judy--39th) SB 447 Employees', Teachers' Health Insurance--schedule of maximum fees for services
(Substitute) (Gov Op--25th) SB 460 Secretary of State--remove from membership on certain associations and author
ities (ED&T--46th) SB 471 Downtown Development Authorities--power of eminent domain (Gov Op--25th) SB 529 Corporations Selling Liquefied Petroleum Gas--storage facilities (I&L--29th) SB 537 RICO (Racketeer Influenced and Corrupt Organizations)--alien corporations
(Judy--47th) SB 544 Automobile Insurance Proof--false document unlawful (Substitute) (Ins--16th) SB 548 Ocmulgee Judicial Circuit Superior Court--election of additional judges
(Judy--25th)

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SB 564 Mortgage Cancellation--mortgagor heir, executor may execute (Judy--24th) SB 586 Information Disclosure on Personal Injury Actions--attorney provisions (S
Judy--48th) SB 588 State Examining Boards--examination materials confidential (Judy--49th) SB 651 Environmental Policy Act--enact (Gov Op--45th) SB 652 Hazardous Waste Management Authority--additional members (Gov Op--45th) SR 289 Senate Teacher Certification Study Committee--create (Substitute) (Ed--56th) SR 304 Georgia 1992 Commission-commemorating Columbus voyage (Amendment)
(ED&T--46th) SR 363 Joint Legislative Study Committee on Efficiency in State Government--create
(Gov Op--2nd) HB 1219 Health Insurance--certain notification by insurer (Substitute) (Ins--16th) HB 1220 Council of Superior Court Clerks of Georgia--create (Gov Op--49th) HB 1273 Elections--correct errors in Title 21 (Judy--49th) HB 1277 Liability When Donating Canned Food to Charity--editorial changes
(Judy--49th) HB 1278 Official Code of Georgia--correct errors, omissions (Amendment) (Judy--49th) HB 1361 Business Corporation Code--change certain definitions (Judy--47th) SB 538 Dentistry License--qualifications (Hum R--23rd)
The following general bill of the House, having been read the third time on February 1 and final action suspended until today, pursuant to Senate Rule 143, was continued upon its passage:
HB 1180. By Representative Lane of the 27th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".
Senate Sponsor: Senator Parker of the 15th.
The amendment to HB 1180 offered by Senator Stumbaugh of the 55th on February 1, as it appears in the Journal of February 1, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
Senator Howard of the 42nd offered the following amendment:
Amend HB 1180 by adding a new Section 3 on page 1, line 20 as follows: "Section 3. Creating a new Code Section 40-7-79 It shall be unlawful for any person under the age of 18 to ride as a passenger in the uncovered bed of a pickup truck on any interstate highway in this State. The driver of any vehicle in violation of this Code section shall be guilty of a misdemeanor."
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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631

On 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 Deal Dean Echols Edge Egan English

Fincher Foster 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 Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Peevy.

Those not voting were Senators:

Bowen Dawkins

Engram Fuller

Garner

On the passage of the bill, the yeas were 50, nays 1.

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

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

SR 283. By Senators Stumbaugh of the 55th and Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution; to provide pro cedures and restrictions connected therewith; to provide exceptions; to provide that the pro visions shall be self-executing; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution of Georgia is amended by adding at the end thereof a new Section XI to read as follows:
"SECTION XI.
PUBLIC INITIATIVE.
Paragraph I. Power vested in the people, (a) Notwithstanding any other provision of this Constitution, the people of Georgia reserve to themselves the power, through the pro cess of obtaining the required number of signatures of registered voters on an initiative petition and submitting the petition to the registered voters of the state for approval or rejection, which shall be known as the initiative petition process, to enact or repeal statutes

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and amendments to statutes and amendments to the Constitution, provided that any such proposed statute, amendment to a statute, or amendment to the Constitution has first been introduced in the General Assembly at any time during a regular session which is held dur ing the first year of the term of office of members of the General Assembly or before the tenth day of a regular session which is held during the second year of the term of office of members of the General Assembly and the General Assembly has rejected or failed to act on such proposed statute, amendment to a statute, or amendment to the Constitution within the two years immediately preceding the general election at which such proposals are to be presented to the voters through the initiative petition process provided for in this section; and provided, further, that no measure which reduces state tax revenues shall be acted upon by initiative petition. The people, through the initiative petition process, shall have the power to make all laws consistent with this Constitution, and not repugnant to the Consti tution of the United States, which they shall deem necessary and proper for the welfare of the state.
(b) If conflicting initiative petitions submitted to the people at the same general elec tion are approved, the petition receiving the highest number of affirmative votes shall be come law as to all conflicting provisions. After an initiative petition is defeated by the peo ple voting in a general election, an initiative petition which contains essentially the same provisions shall not be submitted to the people at the next two general elections.
(c) Each person signing an initiative petition shall affix thereto his or her signature, residence address, and the name of the county in which he or she is a registered voter. A person who has signed a petition may strike his or her name from the petition at any time prior to the presentation of the petition to the Secretary of State. The petition may consist of more than one document, but each document shall contain only the signatures of persons residing in the same county and shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Georgia.
(d) Any person who signs a name other than his or her own on an initiative petition, or who knowingly signs his or her name more than once for the same proposition at one elec tion, or who signs a petition knowing that he or she is not a qualified registered elector shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both. Each petition shall include a warning statement setting forth the preceding sentence.
(e) Any person who gives or receives money or anything of value for signing an initiative petition, for obtaining the signatures of others on an initiative petition, for striking a signa ture from an initiative petition, or for obtaining the retraction of signatures of others on an initiative petition shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both. Each petition shall include a warning statement setting forth the preceding sentence.
(f) Any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative petition shall be subject to requirements for public disclosure and reporting of such contributions and expenditures as provided by general law; provided, however, no person, organization, or political action committee shall be allowed to contribute an aggregate amount in excess of $500.00 to any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection of any initiative petition.
Paragraph II. Initiative petitions proposing amendments to the Constitution, (a) An initiative petition proposing an amendment to the Constitution shall be approved as to its form by the Secretary of State prior to its circulation. An initiative petition proposing an amendment to the Constitution shall be signed in each congressional district by a number of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in that

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congressional district, but the total number of registered voters signing the initiative peti tion shall be equal to 12 percent or more of the total number of voters within the state who voted for the candidates for the office of Governor in the last preceding gubernatorial elec tion. The initiative petition shall state the full text of the constitutional amendment, shall state the language which is to appear on the ballot, and shall contain the following enacting clause: 'BE IT RESOLVED BY THE PEOPLE OF THE STATE OF GEORGIA:'. An initi ative petition proposing an amendment to the Constitution shall not refer to more than one subject matter and shall not contain matter different from what is expressed in the title thereof. The language which is to appear on the ballot shall be the same as the question contained in the resolution proposing the amendment which was introduced into the Gen eral Assembly and which is the subject of the initiative.
(b) Such initiative petition proposing an amendment to the Constitution shall be filed with the Secretary of State not less than 150 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The initiative petition shall not be amended or supplemented after it has been filed with the Secretary of State. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to con tain the required number of signatures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appearing on the petition are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such per sons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall ex amine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days fol lowing the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient num ber of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the petition, the Secretary of State shall pro ceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed amendment to be published in a newspaper of general circulation in each con gressional district of the state as provided by law once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be submitted. Amendments to the Constitution proposed by initiative petition shall ap pear on the ballots in the same form as other proposed amendments. The provisions of Article X, Section I, Paragraph VI of the Constitution, relating to effective dates of amend ments to the Constitution, shall be applicable to amendments proposed by initiative peti tion, except that any amendment affecting taxation or relating to the raising of revenue shall become effective on the first day of the nineteenth month following its ratification. Except for the enacting clause, such proposed amendment to the Constitution shall be iden tical in wording to a resolution proposing an amendment to the Constitution, or any version thereof, which has been previously introduced into the General Assembly, either as an origi nal resolution or as a committee or floor substitute to a resolution, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly was elected.
Paragraph III. Initiative petitions proposing statutes and amendments to statutes, (a) An initiative petition proposing a statute or an amendment to a statute shall be approved as to its form by the Secretary of State prior to its circulation. An initiative petition proposing a statute or an amendment to a statute shall be signed in each congressional district by a number of registered voters equal to 10 percent or more of the number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial election in

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that congressional district, but the total number of registered voters within the state signing the initiative petition shall be equal to 12 percent or more of the total number of voters who voted for the candidates for the office of Governor in the last preceding gubernatorial elec tion. An initiative petition proposing a statute or an amendment to a statute shall not refer to more than one subject matter and shall not contain matter different from what is ex pressed in the title thereof. Such initiative petition shall state the full text of the statute or an amendment to a statute and shall contain the following enacting clause: 'BE IT EN ACTED BY THE PEOPLE OF THE STATE OF GEORGIA:'. No statute or section of the Official Code of Georgia Annotated shall be amended or repealed by mere reference to its title or to the number of the section of the Official Code of Georgia Annotated, but the amending or repealing Act shall distinctly describe the law to be amended or repealed as well as the alteration to be made. Except for the enacting clause, such proposed statute or amendment shall be identical in wording to a bill, or any version thereof, which has been previously introduced into the General Assembly, either as an original bill or as a committee or floor substitute to a bill, and which was rejected by the General Assembly or was one on which the General Assembly failed to act within the term to which that General Assembly
was elected.

(b) Such initiative petition proposing a statute or an amendment to a statute shall be filed with the Secretary of State not less than 150 days before any regular general election at which the question of approval or disapproval of such statute or amendment to a statute may be voted upon by the voters of the entire state. The initiative petition shall not be amended or supplemented after it has been filed with the Secretary of State. The Secretary of State shall immediately proceed to examine each petition filed and compute whether or not the proper number of signatures appear on the petition. If the petition contains less than the required number of signatures, no further action shall be taken on such petition. If the petition appears to contain the required number of signatures, the Secretary of State shall certify the total number of signatures appearing on the petition and the total for each congressional district. If any citizen shall furnish proof satisfactory to the Secretary of State within 30 days following the date on which the Secretary of State certifies the total number of signatures appearing on the petition that 300 or more signatures appearing on the peti tion are not the signatures of registered voters or are duplicate signatures or are not the genuine signatures of such persons, the Secretary of State shall provide the election officials of each county with a certified copy of the petition or appropriate portions thereof. Such county election officials shall examine the signatures appearing on the petition and shall certify the number of signatures of registered voters which appear on the petition to the Secretary of State within 30 days following the receipt of the copy of such petition. The Secretary of State shall tabulate and certify the total number of valid signatures appearing on the petition and shall certify whether the necessary number of signatures appear on the petition. If an insufficient number of signatures appear on the petition, no further action shall be taken on such petition. If the required number of signatures appear on the petition, the Secretary of State shall proceed to place the measure on the ballot. The Secretary of State shall cause the entire text of the proposed statute or amendment to a statute to be published in a newspaper of general circulation in each congressional district of the state as provided by law once each week for three consecutive weeks immediately preceding the date of the election at which such proposed statute or amendment to a statute is to be submitted. The Secretary of State, the Attorney General, and the Governor shall examine each statute and each amendment to a statute proposed by an initiative petition and shall adopt lan guage to appear on the ballot which shall adequately identity the measure to be voted upon. Such language shall be in the form of a question and shall not imply or suggest a vote either for or against such proposal. Such ballot question shall be in essentially the following form:

'[ ] YES [ 1 NO

Shall the Act be enacted by the people and become the law of the State of Georgia?'

All persons desiring to vote in favor of such proposed statute or amendment becoming the law of the state shall vote 'Yes' and those persons desiring to vote against the proposed

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statute or amendment becoming the law of the state shall vote 'No.' It shall be the duty of the Secretary of State to tabulate the results of such election and to declare and certify the results thereof. If a majority of the voters voting on such question at such election vote for approval of such proposed statute or amendment to a statute, it shall become law and take effect on the thirtieth day following the election, except that any proposed statute or amendment to a statute which affects taxation or relates to the raising of revenue shall become effective on the first day of the nineteenth month following the election. If a major ity of such voters vote for disapproval of such statute or amendment to a statute, no further action shall be taken on such petition. An initiative measure approved by the voters shall have the same force of authority as a law enacted by the General Assembly.

Paragraph IV. Provisions of section self-executing; legislative procedures. The provi sions of this section are self-executing but the legislature may provide by law for procedures to facilitate the operation thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that the people of the State of Georgia shall have the power through the process of obtaining the required number of signatures of registered voters on an initiative petition and submitting the petition to the registered voters of the state for approval or rejection, which shall be known as the initiative petition process, to enact or repeal statutes, amendments to statutes, and amendments to the Consti tution; to provide procedures and restrictions connected therewith; to pro vide exceptions; and to provide that the provisions shall be self executing?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

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

Senator Johnson of the 47th offered the following amendment:

Amend SR 283 by adding after line 15 on page 4 the following:
"(g) Upon certification by the Secretary of State that the initiative petition contains the required number of signatures to be placed on the ballot as contemplated under Paragraph II (b) and Paragraph III (b) of this Section, not less than five (5) public forums shall be held in each Congressional District, pursuant to regulations issued by the Secretary of State, to provide an opportunity for public deliberation of the proposal described in the initiative petition."

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

Senator Johnson of the 47th offered the following amendment:

Amend SR 283 by adding following "residence" on line 12, page 3, "and that each indi vidual who signed such document has read or has had read to him or her the proposal described in the petition"; and by adding "contain an accurate description of such proposal and shall" after "shall" on line 19 of page 4.

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

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Senator Egan of the 40th offered the following amendment:

Amend SR 283 by striking lines 14 and 15 of page 2, and by striking on page 2, line 13, the semicolon and the word "and".

On the adoption of the amendment, the yeas were 34, nays 6, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean
Echols

Edge Foster Fuller Hammill Howard Huggins Johnson Kidd Land Langford Newbill Parker
Peevy

Perry Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin Bowen Egan English Fincher

Gillis Harris Kennedy McKenzie

Pollard Ray Scott of 2nd Timmons

Those not voting were Senators:

Brannon Engram

Garner Olmstead

Phillips

On the adoption of the resolution, the yeas were 38, nays 13.

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

Senator Scott of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting SR 283.

Senator Turner of the 8th introduced the doctor of the day, Dr. Alien Woods, of Valdosta, Georgia.

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

The following general bill of the Senate, having been withdrawn from the Senate Com mittee on Appropriations on February 2, 1989, and committed to the Senate Committee on

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637

Governmental Operations, and favorably reported by the committee, was read the third time and put upon its passage:
SB 243. By Senators Stumbaugh of the 55th, Kidd of the 25th, Allgood of the 22nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive preservation of private enterprise with respect to government competition; to provide for legislative in tent; to provide for definitions; to prohibit state agencies from instituting or car rying on any commercial activity to provide goods or services for its own use.
The Senate Committee on Governmental Operations offered the following substitute to SB 243:
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 provide for the periodic review of commercial activi ties by state agencies; to provide for legislative intent; to provide for definitions; to require state agencies to compile periodically an inventory list of their commercial activities and to submit the list to certain committees of the General Assembly; to provide an exception; to provide for the duties of the Governmental Operations Committee of the Senate and the Governmental Affairs Committee of the House of Representatives; to provide for proce dures; to provide for assistance by certain other state offices; to provide for reports; 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. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by adding at the end thereof a new chapter, to be designated Chapter 24, to read as follows:
"CHAPTER 24
50-24-1. (a) The General Assembly finds and declares that the growth of private enter prise is essential to the health, welfare, and prosperity of the people of Georgia. Therefore, it is the intent of the General Assembly to have state agencies, except where such a state agency is presently performing activities which might otherwise be subject to the require ments of this article, to refrain from competing with private enterprise and to increase the state's reliance on private enterprise to supply the goods and services it needs.
(b) It is the general policy of the State of Georgia that a state agency shall not start or carry on any commercial activity to provide goods or services for its own use, the use of other state agencies, the use of other governmental entities, or for public use if such goods or services can be procured from private enterprise through ordinary business channels.
50-24-2. As used in this chapter, the term:
(1) 'Commercial activity' means the activity of performing or providing goods or ser vices which can normally be obtained from private enterprise.
(2) 'Committees' means the Governmental Operations Committee of the Senate and the Governmental Affairs Committee of the House of Representatives.
(3) 'Private enterprise' means any individual, firm, partnership, joint venture, corpora tion, association, or any other nongovernmental legal entity engaging in a commercial activ ity including, but not limited to, the manufacturing, processing, managing, sale, offering for sale, rental, leasing, delivering, dispensing, distributing, or advertising of goods and services for profit.
(4) 'State agency' means any department, office, division, authority, commission, insti-

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tution, board, panel, or other creation of state government, regardless of whether funds are appropriated to such agency.
(5) 'Uniform accounting standards' means an accounting method which allows state agencies to identify the true and total cost of supplying goods and services in the same manner as private enterprise would identify true and total costs, including, but not limited to, the following:
(A) Labor expenses including direct wage and salary costs, training costs, overtime, and supervisory overhead;
(B) Total employee fringe benefits and other personnel expenses;
(C) Operating costs including vehicle maintenance and repair, office expenses, billing, and insurance expenses;
(D) Real estate and equipment costs, debt services costs and a proportionate amount of other agency overhead and capital expenses including vehicle depreciation and depreciation of other fixed assets such as buildings and equipment;
(E) Contract management costs; and
(F) Any other cost particular to the business or industry supplying the goods or services.
50-24-3. (a) Each state agency shall compile, not later than October 1, 1990, and bienni ally thereafter, an inventory list of all commercial activities which the agency performs or provides and submit the list to the committees; provided, however, that this requirement shall not apply to activities currently performed by a state agency and excluded by the provisions of subsection (a) of Code Section 50-24-1. The inventory list shall include, for each activity, the amount of the state agency's capital investment, a description and the number of personnel involved directly and indirectly, the annual cost of operation using the uniform accounting standards outlined in this chapter, the date the activity was last re viewed by the Department of Audits and Accounts, and the legal authority by which the activity is being performed or provided.
(b) The committees shall review the information furnished by the state agencies and shall monitor the commercial activities performed or provided by such agencies. The com mittees shall file an annual report with the Governor and the General Assembly and shall be authorized to recommend to the State Properties Commission, the General Assembly, and the Governor the sale, lease, or other conversion to private enterprise of state agency prop erty involved in commercial activities of the state agency at a fair price."
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 offered the following substitute to SB 243:
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 provide for the periodic review of commercial activi ties by state agencies; to provide for legislative intent; to provide for definitions; to require state agencies to compile periodically an inventory list of their commercial activities and to submit the list to certain committees of the General Assembly; to provide other require ments relative to state agencies; to provide for the duties of the Governmental Operations Committee of the Senate and the Industry Committee of the House of Representatives; to provide for procedures; to provide for assistance by certain other state offices; to provide for reports; to provide an effective date; to repeal conflicting laws; and for other purposes.

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639

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 adding at the end thereof a new chapter, to be designated Chapter 24, to read as follows:
"CHAPTER 24
50-24-1. (a) The General Assembly finds and declares that the growth of private enter prise is essential to the health, welfare, and prosperity of the people of Georgia. Therefore, it is the intent of the General Assembly to have state agencies refrain from competing with private enterprise and to increase the state's reliance on private enterprise to supply the goods and services it needs.
(b) It is the general policy of the State of Georgia that a state agency shall not start or carry on any commercial activity to provide goods or services for its own use, the use of other state agencies, the use of other governmental entities, or for public use if such goods or services can be procured from private enterprise through ordinary business channels.
50-24-2. As used in this chapter, the term:
(1) 'Commercial activity' means the activity of performing or providing goods or ser vices which can normally be obtained from private enterprise.
(2) 'Committees' means the Governmental Operations Committee of the Senate and the Industry Committee of the House of Representatives.
(3) 'Competitive impact statement' means a cost analysis by the Department of Audits and Accounts of a commercial activity being or to be performed or provided by a state agency using uniform accounting standards accepted by private enterprise to determine the true and total cost of the activity if performed or provided by the state agency and if per formed or provided by private enterprise. The cost analysis shall include a comparison of the tax impact of the activity on state and local tax revenues determined by the calculation of the increase or decrease in taxes, fees, and other revenues if the activity is performed or provided by the state agency or by private enterprise. The private enterprise cost figures in the cost analysis shall be determined by obtaining one or more bids for performing or pro viding the commercial activity received by the agency through a request for proposal from private enterprise.
(4) 'Private enterprise' means any individual, firm, partnership, joint venture, corpora tion, association, or any other nongovernmental legal entity engaging in a commercial activ ity including, but not limited to, the manufacturing, processing, managing, sale, offering for sale, rental, leasing, delivering, dispensing, distributing, or advertising of goods and services for profit.
(5) 'State agency' means any department, office, division, authority, commission, insti tution, board, panel, or other creation of state government, regardless of whether funds are appropriated to such agency.
(6) 'Uniform accounting standards' means an accounting method which allows state agencies to identify the true and total cost of supplying goods and services in the same manner as private enterprise would identify true and total costs, including, but not limited to, the following:
(A) Labor expenses including direct wage and salary costs, training costs, overtime, and supervisory overhead;
(B) Total employee fringe benefits and other personnel expenses;
(C) Operating costs including vehicle maintenance and repair, office expenses, billing, and insurance expenses;
(D) Real estate and equipment costs, debt services costs and a proportionate amount of other agency overhead and capital expenses including vehicle depreciation and depreciation of other fixed assets such as buildings and equipment;

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(E) Contract management costs;
(F) The tax impact of the activity as described in paragraph (3) of this Code section; and
(G) Any other cost particular to the business or industry supplying the goods or services.
50-24-3. (a) Each state agency shall compile, not later than October 1, 1990, and bienni ally thereafter, an inventory list of all commercial activities which the agency performs or provides and submit the list to the committees. The inventory list shall include, for each activity, the amount of the state agency's capital investment, a description and the number of personnel involved directly and indirectly, the annual cost of operation using the uniform accounting standards outlined in this chapter, the date the activity was last reviewed by the Department of Audits and Accounts, and the legal authority by which the activity is being performed or provided.
(b) The committees shall review the information furnished by the state agencies and shall monitor the commercial activities performed or provided by such agencies. The com mittees shall file an annual report with the Governor and the General Assembly and shall be authorized to recommend to the State Properties Commission, the General Assembly, and the Governor the sale, lease, or other conversion to private enterprise of state agency prop erty involved in commercial activities of the state agency at a fair price.
50-24-4. If a state agency continues performing or providing a commercial activity or proposes to begin performing or providing a commercial activity, the state agency shall:
(1) Prepare a competitive impact statement to be submitted to the committees utilizing uniform accounting standards; and
(2) Prepare a detailed request for proposal which will be widely disseminated and solic ited within segments of private enterprise which can normally perform or provide the com mercial activity in order to obtain firm bids or proposals for the activity requested. A rea sonable time frame as determined or approved by the committees shall be given to private enterprise to submit the bid or proposal including time to obtain financial and supply com mitments, if necessary. Bids received from the request for proposal shall be used in the preparation of the competitive impact statement.
50-24-5. With respect to commercial activities proposed to be started by a state agency, the committees shall, with full cooperation of the state agency, cause a competitive impact statement to be developed as outlined in this chapter and independently conducted feasibil ity or market studies, if such studies are applicable to the activity, and determine if it would be in the public interest for private enterprise to perform or provide the activity.
50-24-6. The committees shall determine final uniform accounting standards to be used for cost analysis in this chapter in at least as strict a form as the definition of uniform accounting standards in this chapter. This determination shall not delay the requirement for state agencies to compile an inventory list of their commercial activities for submission to the committees."
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 to SB 243 offered by the Senate Committee on Gov ernmental Operations, Senator Stumbaugh of the 55th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood

Baldwin Barker

Bowen Brannon

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641

Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Fincher Foster Fuller

Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Perry

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Barnes Egan

Peevy

Stumbaugh

Those not voting were Senators:

Engram Garner

Kennedy (presiding)

Phillips

On the adoption of the substitute, the yeas were 48, nays 4, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, since the substitute to SB 243 offered by the Senate Committee on Governmental Operations was adopted, the substitute to SB 243 offered by Senator Stumbaugh of the 55th became moot.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen ^rannon
BruT rton Clay Coleman
Collins Deal Dean Echols Edge Egan

Fincher Foster Fuller Gillis Hammill Harris Howard
JHouh, gngsmons Kidd Land
Langford McKenzie Newbill Olmstead Parker Peevy

Perry Pollard Ragan of 10th Ragan of 32nd ftay Scott of 2nd Scott of 36th
S0h. umake ?*arr , . Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

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Those not voting were Senators:

Dawkins English

Engram Garner

Kennedy (presiding) Phillips

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 Langford of the 35th moved that Senator Engram of the 34th be excused from the Senate today due to illness.

On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Engram of the 34th was excused from the Senate today.

The following general bill of the Senate, having been withdrawn from the Senate Com mittee on Industry and Labor on January 9, 1990, and committed to the Senate Committee on Governmental Operations, and favorably reported by the committee, was read the third time and put upon its passage:

SB 305. By Senators Kidd of the 25th, Walker of the 43rd, Scott of the 2nd and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of interior designers; to provide for declaration of purpose; to define certain terms; to establish the Georgia State Board of Registered Interior Designers and provide for its membership, powers, duties and compensation.

Senator Kidd of the 25th moved that SB 305 be postponed until Wednesday, February 7.

On the motion, the yeas were 33, nays 5; the motion prevailed, and SB 305 was post poned until Wednesday, February 7.

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

SB 427. By Senator Shumake of the 39th:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to provide that conviction of a first offense of hazing is punishable by a fine of $1,000.00; to provide that a conviction of a second offense is a felony; to provide a felony penalty if a person dies as a result of hazing.

The Senate Committee on Judiciary offered the following substitute to SB 427:

A BILL
To be entitled an Act to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to provide that conviction of the offense of hazing is punishable by a fine not to exceed $1,000.00 or by punishment not to exceed 12 months, or both; to provide that if the victim of hazing suffers serious bodily injuries, any person con victed of such hazing shall be guilty of a misdemeanor of a high and aggravated nature; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to

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643

hazing, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of hazing in violation of this Code section shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000.00 or by imprisonment not to exceed 12 months, or both.
(2) If the victim of hazing suffers serious bodily injuries as a direct result of hazing, any person convicted of hazing shall be guilty of a misdemeanor of a high and aggravated nature."
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 Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

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

Voting in the negative was Senator Langford.

Those not voting were Senators:

Clay Engram (excused) Fincher

Garner Kennedy (presiding)

Phillips Ragan of 10th Walker

On the passage of the bill, the yeas were 47, nays 1.

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

SB 447. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insur ance plan, so as to provide that the State Personnel Board shall adopt and pro-

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mulgate a schedule of maximum fees for medical and surgical services and pro fessional services provided in hospitals.
The Senate Committee on Governmental Operations offered the following substitute to SB 447:
A BILL
To be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and 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 provide that the State Personnel Board shall investigate fees of hospitals and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals and practitioners of the healing arts; to provide that the recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups adjusted for the intensity of the case mix for hospitals of same licensure classification or subclassification (e.g. general, pediatric, psychi atric, rehabilitation, etc.) and of similar services in the same geographic area; to provide that the recommended fee schedule shall not be at the average of the usual and customary charges if such board determines that the average represents an unreasonably high or low charge; to provide that the recommended fees for practitioners of the healing arts shall be determined by an analysis based upon the statistical average of the usual and customary charges of practitioners of the healing arts for each classification of services; to provide that the recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge; to provide that the recommendations shall include an analysis of all hospitals and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule; to provide that the recommendations shall include an analy sis of the impact of practitioners agreeing to provide medical or surgical services at a re duced rate for members of the health insurance plan and of hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan; to provide that such board shall publish a list of practitioners of the healing arts ard hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, is amended by striking in its entirety Code Section 20-2-881, relating to the authority of the State Personnel Board to establish a health insurance plan for public schoolteachers, and inserting in lieu thereof a new Code Section 20-2-881 to read as follows:
"20-2-881. (a) The board is authorized to establish a health insurance plan for public schoolteachers of this state and to adopt and promulgate rules and regulations for its ad ministration, subject to the limitations contained in this subpart, which plan may provide for group hospitalization, surgical, and medical insurance against the financial costs of hospitalization, surgery, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity bene fits, including major medical benefits.
(b) The board shall investigate fees of hospitals and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals and practitioners of the healing arts. The recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups adjusted for the intensity of the case mix for hospitals of same licensure classifi-

FRIDAY, FEBRUARY 2, 1990

645

cation or subclassification (e.g. general, pediatric, psychiatric, rehabilitation, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.
(c) The recommended fees for practitioners of the healing arts shall be determined by an analysis based upon the statistical average of the usual and customary charges of practi tioners of the healing arts for each classification of services. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.
(d) The recommendations shall include an analysis of all hospitals and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule.
(e) The recommendations shall include an analysis of the impact of practitioners agree ing to provide medical or surgical services at a reduced rate for members of the health insurance plan and of hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan. The board shall publish a list of practitioners of the healing arts and hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered."
Section 2. Said part is further amended by striking in its entirety Code Section 20-2911, relating to the authority of the State Personnel Board to establish a health insurance plan for public school employees, and inserting in lieu thereof a new Code Section 20-2-911 to read as follows:
"20-2-911. (a) The board is authorized to establish a health insurance plan for public school employees of this state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this subpart. Such plan may provide for group hospitalization, surgical, and medical insurance against the financial costs of hospitalization, surgery, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and outpatient service benefits, and medical expense indemnity benefits, including major medical benefits.
(b) The board shall investigate fees of hospitals and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals and practitioners of the healing arts. The recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups adjusted for the intensity of the case mix for hospitals of same licensure classifi cation or subclassification (e.g. general, pediatric, psychiatric, rehabilitation, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.
(c) The recommended fees for practitioners of the healing arts shall be determined by an analysis based upon the statistical average of the usual and customary charges of practi tioners of the healing arts for each classification of services. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.
(d) The recommendations shall include an analysis of all hospitals and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule.
(e) The recommendations shall include an analysis of the impact of practitioners agree ing to provide medical or surgical services at a reduced rate for members of the health insurance plan and of hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan. The board

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shall publish a list of practitioners of the healing arts and hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered."
Section 3. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by striking in its entirety Code Section 45-18-15, relating to the authority of the State Personnel Board to promulgate rules and regulations relating to the state employees' health insurance plan, and inserting in lieu thereof a new Code Section 45-18-15 to read as follows:
"45-18-15. (a) The board shall promulgate such rules and regulations as may be re quired for the effective administration of this article. Such rules and regulations shall in clude, but not be limited to, rules and regulations establishing the conditions under which employees who originally rejected coverage may acquire coverage at a later date. The com missioner of personnel administration, as executive officer of the board, shall employ such personnel as may be needed to carry out this article and such employees shall be employees of the State Merit System of Personnel Administration. The pro rata share of the costs of operating the State Merit System of Personnel Administration in the manner prescribed by law shall be a part of the administrative costs of the employees' health insurance plan.
(b) The board shall investigate fees of hospitals and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals and practitioners of the healing arts. The recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups adjusted for the intensity of the case mix for hospitals of same licensure classifi cation or subclassification (e.g. general, pediatric, psychiatric, rehabilitation, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.
(c) The recommended fees for practitioners of the healing arts shall be determined by an analysis based upon the statistical average of the usual and customary charges of practi tioners of the healing arts for each classification of services. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.
(d) The recommendations shall include an analysis of all hospitals and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule.
(e) The recommendations shall include an analysis of the impact of practitioners agree ing to provide medical or surgical services at a reduced rate for members of the health insurance plan and of hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan. The board shall publish a list of practitioners of the healing arts and hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered."
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 Ragan of the 10th offered the following amendment:
Amend the substitute to SB 447 offered by the Senate Committee on Governmental Operations:
By inserting ", pharmacists," immediately following the word "hospitals" on line 11 of page 1.

FRIDAY, FEBRUARY 2, 1990

647

By striking the words "adjusted for the intensity of the case mix for hospitals" from line 14 of page 1.
By striking "or subclassification (e.g., general, pediatric, psychiatric, rehabilitation, etc.)" on lines 15 and 16 of page 1.
By striking from line 21 through line 28 of page 1 the following:
"to provide that the recommended fees for practitioners of the healing arts shall be determined by an analysis based upon the statistical average of the usual and customary charges of practitioners of the healing arts for each classification of services; to provide that the recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge;"
By inserting ", pharmacists," immediately following the word "hospitals" on line 5 of page 3.
By striking from lines 20 through 27 of page 3 of the following:
"The recommended fees for practitioners of the healing arts shall be determined by an analysis based upon the statistical average of the usual and customary charges of practition ers of the healing arts for each classification of services. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.",
and inserting in lieu thereof the following:
"The recommended fees for practitioners of the healing arts and pharmacists shall be determined based upon a statistical analysis of the peer groups for such practitioners and pharmacists of the same licensure classification (e.g., internists, family practitioners, cardiologist, neurosurgeons, etc.) and of similar services in the same geographic area. The recom mended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge."
By inserting ", pharmacists," immediately following the word "hospitals" on line 29 of page 3.
By inserting immediately following "schedule." on line 31 of page 3 the following:
"The board shall publish a list of practitioners that accept assignment of benefits under the plan."
By inserting the words "pharmacists and" immediately following the words "and of on line 1 of page 4.
By inserting ", pharmacists," immediately following the word "arts" on line 5 of page 4.
By inserting the word ," pharmacists," immediately following the word "hospitals" on line 28 of page 4.
By striking from lines 10 through 17 of page 5 the following:
"The recommended fees for practitioners of the healing arts shall be determined by an analysis based upon the statistical average of the usual and customary charges of practition ers of the healing arts for each classification of services. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.",
and inserting in lieu thereof the following:
"The recommended fees for practitioners of the healing arts and pharmacists shall be determined based upon a statistical analysis of the peer groups for such practitioners and pharmacists of the same licensure classification (e.g., internists, family practitioners, cardiologist, neurosurgeons, etc.) and of similar services in the same geographic area. The recom mended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge."

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By inserting ", pharmacists," immediately following the word "hospitals" on line 19 of page 5.
By inserting immediately following "schedule." on line 21 of page 5 the following:
"The board shall publish a list of practitioners that accept assignment of benefits under the plan."
By inserting the words "pharmacists and" immediately following the words "and of on line 25 of page 5.
By inserting ", pharmacists," immediately following the words "arts" on line 29 of page 5.
By inserting ", pharmacists," immediately following the word "hospitals" on line 24 of page 6.
By striking from lines 5 through 12 of page 7 the following:
"The recommended fees for practitioners of the healing arts shall be determined by an analysis based upon the statistical average of the usual and customary charges of practition ers of the healing arts for each classification of services. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge.",
and inserting in lieu thereof the following:
"The recommended fees for practitioners of the healing arts and pharmacists shall be determined based upon a statistical analysis of the peer groups for such practitioners and pharmacists of the same licensure classification (e.g. internists, family practitioners, cardiologist, neurosurgeons, etc.) and of similar services in the same geographic area. The recom mended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge."
By inserting ", pharmacists," immediately following the word "hospitals" on line 14 of page 7.
By inserting immediately following "schedule." on line 16 of page 7 the following:
"The board shall publish a list of practitioners that accept assignment of benefits under the plan."
By inserting the words "pharmacists and" immediately following the words "and of on line 20 of page 7.
By inserting ", pharmacists," immediately following the word "arts" on line 24 of page 7.
On the adoption of the amendment, the yeas were 34, nays 2, and the amendment was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.
Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of SB 447 would be suspended until the next meeting day of the Senate, Monday, February 5.
SB 460. By Senator Broun of the 46th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of

FRIDAY, FEBRUARY 2, 1990

649

State from membership on the governing bodies of certain associations and authorities.

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 Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan

English Foster
Gillis Hammill Harris Howard Johnson Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Pollard
Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shuniake Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Bowen Brannon Edge Engram (excused)

Fincher Fuller Garner Huggins Kennedy (presiding)

McKenzie Phillips Starr Stumbaugh Walker

On the passage of the bill, the yeas were 41, nays 0.

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

SB 471. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation proceedings before a special master, so as to change the definition of the term "condemning body" or "condemnor"; to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, known as the "Downtown Development Authorities Law," so as to authorize downtown development authorities to exercise the power of eminent domain under certain limited circumstances.

Senator Kidd of the 25th offered the following amendment:

Amend SB 471 by adding on line 21 of page 2, between the word "purposes" and the period, the following:
"and upon written approval of the exercise of such power by the governing authority of the political subdivision wherein the authority is located".
By adding on line 13 of page 3, between the word "property" and the comma, the following:
"and approval of the exercise of such power has been received from the governing au thority of the political subdivision".

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On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

Senator Olmstead of the 26th offered the following amendment:

Amend SB 471 by adding on page 2, line 1 following "authority" "in municipalities with population of less than 80 thousand".

On the adoption of the amendment, the yeas were 26, nays 3, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Dean Edge Egan

English Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Langford

McKenzie Olmstead Parker Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Taylor Timmons Walker

Those voting in the negative were Senators:

Collins Dawkins Deal Echols

Johnson Newbill Peevy Perry

Ragan of 10th Shumake Starr Tysinger

Those not voting were Senators:

Allgood Coleman Engram (excused)

Garner Kennedy (presiding) Phillips

Stumbaugh Turner

On the passage of the bill, the yeas were 36, nays 12.

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

SB 529. By Senator Baldwin of the 29th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale and storage of liquefied petroleum gas, so as to change provisions relating to storage facilities required to be maintained by persons, firms, and corporations licensed to sell or distribute liquefied petroleum gas.

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

FRIDAY, FEBRUARY 2, 1990

651

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes
^owen BrBQ>lrruaornutionnnon Coleman Collins Dawkins Deal Dean Echols Edge

Egan Fincher Foster Fuller
Gillis HHH,,TIoaamrwriamsrdi,ll Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Parker Peevy perry
Pollard KRDS0 caaogyJ,ta.tnoof. f,,23n2d,nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood English Engram (excused) Garner

Kennedy (presiding) Phillips Ragan of 10th

Shumake Starr Taylor

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

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

SB 537. By Senator Johnson of the 47th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to change the provisions relating to alien corporations acquiring of record any real property; to change the provisions relating to annual registrations of alien corporations and the filing and contents thereof.

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

Dawkins Deal Dean Echols Edge Egan English Fincher Foster Fuller Gillis

Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

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JOURNAL OF THE SENATE

Pollard Ragan of 10th Rjaagvan of 32nd
Scott of 2nd

Scott of 36th Starr
Stumbaugh Tate

Taylor Timmons
Turner Tysinger

Those not voting were Senators:

Allgood Engram (excused) Garner Kennedy (presiding)

Langford Peevy Perry

Phillips Shumake Walker

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

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

SB 544. By Senators Land of the 16th and Parker of the 15th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance documents shall be deemed counterfeit or false; to provide penalties; to provide an effective date.

The Senate Committee on Insurance offered the following substitute to SB 544:

A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance docu ments shall be deemed counterfeit or false; to provide penalties; 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, is amended by adding following Code Section 16-9-4 a new Code Section 16-9-5 to read as follows:
"16-9-5. (a) As used in this Code section, the term 'proof of insurance document' means any card, paper, or other document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which docu ment is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 33-34-12.
(b) (1) It shall be unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document.
(2) A proof of insurance document shall be deemed counterfeit or false if:
(A) The insurer named on the proof of insurance document has not bound the coverage listed thereon;
(B) The motor vehicle to which the proof of insurance document purportedly was is sued was not in fact insured under the terms as shown on the proof of insurance document; or
(C) The proof of insurance document has been altered, modified, or originally issued in

FRIDAY, FEBRUARY 2, 1990

653

any manner which contains false information concerning the insurer, the owner, the motor vehicle, or the insurance thereon.
(c) Any person who violates subsection (b) of this Code section on the first offense shall be guilty of a misdemeanor. Any person who violates subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both."
Section 2. 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 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 Barker Barnes Bowen Brannon Broun BCC,,,loualryetomnan
Collins Dawkins Deal Echols Edge Egan

English Fincher Foster Fuller Gillis Hammill HTHHTuoargwrgiasirnds,
Johnson Kidd Land McKenzie Newbill Olmstead

Parker Peevy Pollard Ragan of i0th Ragan of 32nd j^ ScS,, ccoo,tt.tt oo1,ff 302,,6n. dtjh,
Starr Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Baldwin Dean Engram (excused)

Garner Kennedy (presiding) Langford Perry

Phillips Shumake Stumbaugh Walker

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

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

SB 548. By Senator Kidd of the 25th:
A bill to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit; to provide for the initial and subsequent elections of such judge; to provide for terms of office; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit.

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JOURNAL OF THE SENATE

Senators Parkers of the 15th and Kidd of the 25th offered the following amendment:
Amend SB 548 by striking line 9, page 2 and inserting in lieu thereof the following: "and qualification of a successor; provided, however, in the event the position is not filled at the general election in November 1990, the Governor shall appoint the initial judge to serve until the election and qualification of a successor at the next scheduled general election in November 1992. Future successors shall".
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon
Broun Burton Clay DCoawlekminans
Deal Dean Echols Edge Egan English

Foster Fuller Gillis Hammill Harris
Howard Huggins Johnson LKaidndd
Langford McKenzie Newbill Olmstead Parker Peevy

Those not voting were Senators:

Perry Pollard Ragan of 10th Ragan of 32nd jjay
Scott of 2nd S,, cott of 36th ^Sttaurmr b, augh,
Tate Taylor Timmons Turner Tysinger Walker

Allgood Barker Collins

Engram (excused) Fincher Garner

Kennedy (presiding) Phillips Shumake

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

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

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

SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the 10th:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and con trol of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter.

FRIDAY, FEBRUARY 2, 1990

655

The House substitute to SB 517 was as follows:

A BILL
To be entitled an Act to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and con trol of disease in livestock, so as to provide that at the request of the Commissioner of Agriculture it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in live stock, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce this chapter. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of this chapter."
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 517.

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
BC.luaryton Coleman Dawkins Deal Dean Echols Edge Egan

English Foster Fuller Gillis Hammill Harris
Jouhgngsionns Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of K)th Ragan of 32nd pj
S0cott of,. 2,,,,nd, $coit of 36th btarr Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Barker Collins Engram (excused)

Fincher Garner Howard Kennedy (presiding)

Phillips Shumake Stumbaugh Tate

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 517.

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JOURNAL OF THE SENATE

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

SB 564. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to add execu tor, administrator, or heirs and assigns of the mortgagor to the list of those per sons who may execute a cancellation of a mortgage; to remove an incorrect refer ence within the provision relating to cancellation of mortgages.

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 Dawkins Deal Dean Echols Edge Egan English

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

Peevy Perry 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 Bowen Collins

Engram (excused) Garner Kennedy (presiding)

Phillips Shumake

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

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

SB 586. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to provide that a protec tive order issued to prevent disclosure of materials or information related to a personal injury action or action for wrongful death produced in discovery in any cause shall not prohibit an attorney from voluntarily sharing such materials or information with another attorney.

FRIDAY, FEBRUARY 2, 1990

657

Senator Edge of the 28th offered the following amendment:

Amend SB 586 by adding the following language on line 25 of page 1 following the word court:
"which issued the protective order".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

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 Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Fuller Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker

Peevy Perry 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:

Albert Allgood Bowen Engram (excused)

Fincher Garner Gillis Kennedy (presiding)

Phillips Shumake Starr

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

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

SB 588. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, so as to provide for confidentiality of examination questions and other examination materials; to clarify certain provisions relating to subpoenas; to modify the venue provisions for cease and desist orders; to provide an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin

Barker Barnes

Bowen Brannon

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Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Fuller

Gillis Hammill Harris Howard Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry

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:

Allgood Broun Engram (excused) Fincher

Garner Huggins Kennedy (presiding) McKenzie

Phillips Shumake Starr

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

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

The President resumed the Chair.

SB 651. By Senator Dawkins of the 45th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions.

Senator Barnes of the 33rd offered the following amendment:

Amend 651 by adding on page 2, line 31 after "commission," the following: "authority,"; by adding on page 3, line 1 after "agency" the following: "or which is funded by a government agency".

On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.

Senators Barnes of the 33rd and Peevy of the 48th offered the following amendment:

Amend SB 651 by adding after "1990." a new Code section to read as follows:
"12-5-9. Any government agency which violates this Act shall be liable for the reasona ble attorney fees and costs of any person who shall litigate the failure of such government agency to comply with the provisions of this Act."

FRIDAY, FEBRUARY 2, 1990

659

Senator Pollard of the 24th offered the following amendment:

Amend the amendment offered by Senators Barnes of the 33rd and Peevy of the 48th to SB 651 by adding on line 5 after the word "Act" the following:
"as determined by a court of law".

On the adoption of the amendment offered by Senator Pollard of the 24th to the amendment offered by Senators Barnes of the 33rd and Peevy of the 48th to SB 651, the yeas were 43, nays 0, and the amendment was adopted.

Senator Scott of the 2nd offered the following amendment:

Amend the amendment offered by Senators Barnes of the 33rd and Peevy of the 48th to SB 651 by striking the word "shall" on line 5 and insert the word "may".

On the adoption of the amendment offered by Senator Scott of the 2nd to the amend ment offered by Senators Barnes of the 33rd and Peevy of the 48th to SB 651, the yeas were 45, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by Senators Barnes of the 33rd and Peevy of the 48th to SB 651, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Clay Deal

Fuller Hammill Howard Land

Parker Peevy Scott of 2nd Stumbaugh

Those voting in the negative were Senators:

Albert Barker Bowen Brannon Broun Burton Coleman Collins Dawkins Dean Edge Egan English

Fincher Foster Gillis Harris Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Perry

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Echols

Engram (excused) Garner

Phillips

On the adoption of the amendment offered by Senators Barnes of the 33rd and Peevy of the 48th, the yeas were 12, nays 39, and the amendment was lost.

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

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

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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 Dawkins Deal Dean Edge Egan English

Fincher Foster Fuller 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 Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Echols

Engram (excused) Garner

Phillips

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

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

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

SB 262. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Divi sion of the Department of Public Safety, so as to change certain qualifications.

The House substitute to SB 262 was as follows:

A BILL
To be entitled an Act to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, so as to change certain qualifications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Depart ment of Public Safety, 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) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age nor more than 36 years of age at the time of appointment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 2, 1990

661

Senator Bowen of the 13th moved that the Senate agree to the House substitute to SB 262.

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
Broun
^C.luaryton Coleman Collins Dawkins Deal Edge Egan English Fincher

Foster Fuller Gillis Hammill Harris , Howard
J"ouh,^nslonns Kennedy Kidd
Land Langford Newbill Olmstead Peevy Perry

Pollard Ragan of 10th Ragan of 32nd R Scott of 2nd Scott of 36th
Seh, umake ^arr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Dean

Echols Engram (excused) Garner

McKenzie Parker Phillips

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 262.

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

SB 652. By Senator Dawkins of the 45th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Authority Act," so as to provide for additional members of such authority; to provide for appointment, qualifications, quorums, and terms of office; to provide that the promotion of certain waste minimization shall be a purpose of such authority; to provide for an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon

Broun Burton Clay Collins Dawkins Deal

Dean Edge Egan English Fincher Foster

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JOURNAL OF THE SENATE

Fuller 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 Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Coleman

Echols Engram (excused)

Garner Phillips

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

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

Senator Walker of the 43rd moved that the Senate do now adjourn until 10:00 o'clock A.M., on Monday, February 5, and the motion prevailed.

At 12:20 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M., Monday, February 5.

MONDAY, FEBRUARY 5, 1990

663

Senate Chamber, Atlanta, Georgia Monday, February 5, 1990 Twentieth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 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 1611. By Representatives Stephens of the 68th, Clark of the 13th, Irwin of the 13th and Thurmond of the 67th: A bill to amend an Act providing for a new charter for the City of Athens, so as to authorize retention of staggered two-year terms of office.
HB 1636. By Representative Royal of the 144th: A bill to authorize the imposition, collection, and disposition of county law li brary fees as a part of the court costs in the Magistrate Court of Mitchell County.
HB 1638. By Representative Heard of the 43rd: A bill to create and incorporate the Town of Brooks in Fayette County and grant a new charter to that municipality under such corporate name and style; to pre scribe and define the corporate limits thereof.
HB 1645. By Representative Murphy of the 18th: A bill to amend an Act creating a new charter for the City of Bremen, so as to change certain provisions relating to terms of office of members of the board of education of the City of Bremen.
HB 1625. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said home stead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem tax ation for education purposes levied for and in behalf of such school system.
HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th: A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school

664

JOURNAL OF THE SENATE

functions and require certain reports thereof to be made to the appropriate po lice authority or district attorney; to provide for immunity from liability.
HB 1360. By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reor ganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uni form rules of the road.
HB 695. By Representative Heard of the 43rd:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable ser vice to be obtained for certain active duty service in the armed forces of the United States as a member of a National Guard unit which was called into fed eral service.
HB 560. By Representatives Hamilton of the 124th, Childers of the 15th, Richardson of the 52nd, Oliver of the 53rd and Connell of the 87th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances.
HB 677. By Representative Hamilton of the 124th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary secondary education, so as to limit the authority for local school systems to employ attendance officers; to provide for the employment of school social workers in lieu of attendance officers.
HB 1320. By Representatives Oliver of the 53rd, Smyre of the 92nd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th and others:
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 revise the provisions relating to the removal of a child from that child's home; to provide that the Division of Family and Children Services of the Department of Human Resources shall sub mit a case plan for the reunification of the child and his or her family.
HB 1206. By Representatives Benn of the 38th and McKinney of the 35th:
A bill to amend Code Section 48-5-349 of the Official Code of Georgia annotated, relating to the composition of the Ad Valorem Assessment Review Commission, so as to provide that the appraiser member shall be certified by certain organizations.
HB 230. By Representatives Smyre of the 92nd and Green of the 106th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, so as to provide for a minimum state salary; to provide that such minimum state salary shall apply to the calculation of spouses' benefits.

MONDAY, FEBRUARY 5, 1990

665

HB 1444. By Representatives Crosby of the 150th, Coleman of the 118th and Royal of the 144th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales tax and use tax, so as to require the keeping of certain records of projects; to require certain schedules to be included in annual audits; to provide for verification and testing; to require the keeping of certain records pertaining to certain contracts or agreements.
HB 1263. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment.
HB 1225. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Lane of the lllth, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide a short title; to provide for the withdrawal of recognition, campus expulsion, and termination of the use of University System of Georgia property or facilities to any student or ganization which knowingly permits or condones the sale, distribution, posses sion, use, or consumption of any controlled substance, dangerous drug, or alco holic beverage in a manner contrary to law.
HB 1231. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Lane of the lllth, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and the University System of Geor gia, so as to provide for comprehensive provisions to create a drug-free environ ment in Georgia's public colleges and universities; to provide a short title.
HB 1088. By Representatives Pannell of the 122nd, Parrish of the 109th, Smith of the 78th, Buford of the 103rd, Thomas of the 69th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that certain judicial employees shall be members of the retirement system; to provide for definitions; to provide for creditable service for prior membership in the re tirement system; to provide for creditable service for prior service as a judicial employee.
HB 1163. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 42-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally, meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws.
HB 1466. By Representatives Ware of the 77th, Lawson of the 9th, Dunn of the 73rd, Grif fin of the 6th and Ricketson of the 82nd:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with respect to insurance, so as to authorize the Commissioner of Insurance to investigate reports of fraudulent insurance acts; to authorize the Commissioner of Insurance to collect evidence, request the attend ance of witnesses, and administer oaths in connection with an investigation.

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HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th, Athon of the 57th, Hooks of the 116th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appoint ment, terms, allowances, expenses, and removal of members.
HB 580. By Representatives Johnson of the 123rd, Mueller of the 126th, Benn of the 38th and Orrock of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require certain hospitals which operate emergency rooms to post certain notices in such emergency rooms; to provide for the content of such notices.
HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th, Colwell of the 4th, McDonald of the 12th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of controlled sub stances or marijuana; to provide for disposition of such real property.
HB 1522. By Representatives Murphy of the 18th, Thomas of the 69th, Lee of the 72nd and Chambless of the 133rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require any consumer reporting agency issu ing a consumer report indicating the existence of a recorded writ of fieri facias to have verified within six months preceding issuance of such consumer report that the writ of fieri facias has not been satisfied.
HB 1502. By Representatives Couch of the 36th, Alford of the 57th, Townsend of the 24th, Sinkfield of the 37th and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act," so as to give the Authority power to make certain purchases with out competitive bidding.
HB 704. By Representatives Walker of the 115th, Ray of the 98th and Hooks of the 116th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the procedures for filling vacancies on local boards of education under certain circumstances.
HB 539. By Representative Holmes of the 28th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Geor gia which are applicable to particular groups of employees, so as to provide that certain employees and former employees of county departments of family and children services shall have the option to obtain creditable service under the Em ployees' Retirement System of Georgia.
HB 1191. By Representative Holmes of the 28th:
A bill to amend Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to bicycles, so as to prohibit bicycle racing on state highways.

MONDAY, FEBRUARY 5, 1990

667

HB 256. By Representative Porter of the 119th:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, and to amend Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment or remainder interest, and distribution or division of trust property.
HB 1352. By Representatives Porter of the 119th, Campbell of the 23rd and Davis of the 45th:
A bill to amend Code Section 53-2-45 of the Official Code of Georgia Annotated, relating to the effect of a legacy or devise to a subscribing witness to a will, so as to provide that a legacy or devise to a subscribing witness shall not be void if there are at least two other subscribing witnesses to such will who are not lega tees or devisees under such will.
HB 1570. By Representative Redding of the 50th:
A bill to amend Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or struc tures, so as to provide that a hearing relating to a dwelling, building, or structure alleged to be unfit for habitation shall be held in the municipality when the prop erty in question is located within a municipality.
HB 769. By Representative Edwards of the 112th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, and entities being members of the Employees' Retirement System of Geor gia, so as to provide that all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of said retirement system.
SB 162. By Senator Kennedy of the 4th:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired or who shall retire under such Code section; to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 684. By Representative Couch of the 36th:
A resolution granting a nonexclusive easement for operation and maintenance of an audio visual transmission cable in, on, over, upon, across, or through property owned by the State of Georgia in Fulton County, Georgia.
HR 583. By Representatives Ray of the 98th and Walker of the 115th:
A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron.

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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 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chap ter; to provide for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to provide qual ifications for persons operating billiard rooms.
SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of cer tain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 679. By Senator Kidd of the 25th:
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 with re spect to children and youth services, so as to change the amount of financial assistance which may be granted with respect to the legal adoption of certain hard-to-place children.
Referred to Committee on Children and Youth.
SB 680. By Senators Scott of the 2nd and Tysinger of the 41st:
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 and then re state the purpose and certain of the statutory terms and conditions upon which the State Properties Commission is exclusively empowered to grant a revocable license; to provide an effective date.
Referred to Committee on Public Utilities.
SB 681. By Senator Dawkins of the 45th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the compo sition of the board; to provide for the registration of land surveying firms, corpo rations, and other entities; to change the provisions under which registrants may use a seal. Referred to Committee on Industry and Labor.
SB 682. By Senators Tate of the 38th and Scott of the 36th:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to child abuse records, so as to add any solicitor or assistant solicitor, any medical examiner of the state, or any coroner of the state to the list of those persons who are allowed access to such records; to provide for related matters; to provide an effective date.
Referred to Committee on Judiciary.

MONDAY, FEBRUARY 5, 1990

669

SB 683. By Senators Tate of the 38th, Scott of the 36th and Shumake of the 39th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to remove the provision that makes this Code section inapplicable to any county having a population of 550,000 or more; to provide for related matters; to provide an effective date. Referred to Committee on Urban and County Affairs (General).
SB 684. By Senator Shumake of the 39th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the conditions under which an individual can be de clared dead; to provide a short title; to provide for the procedures to be followed in declaring a person dead. Referred to Committee on Insurance.
SB 685. By Senator Bowen of the 13th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the provisions relating to the compensation of the deputy sheriffs employed by the sheriff of Irwin County; to provide for the appointment of deputy sheriffs under certain conditions. Referred to Committee on Urban and County Affairs.
SB 686. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and providing that there shall be eight Aldermen of the City of Savannah and providing for the election of said Aldermen, as amended, so as to change the provisions relating to Aldermanic Districts; to provide for one at-large Alderman who shall also be the Vice-Mayor. Referred to Committee on Urban and County Affairs.
SB 687. By Senators Scott of the 2nd and Edge of the 28th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that the governing authorities of counties and municipal corpo rations may sell or grant real and personal property to the State of Georgia. Referred to Committee on Urban and County Affairs (General).
SR 396. 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 397. By Senators Fincher of the 54th, Ragan of the 10th, Ragan of the 32nd and others:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance revenue-producing educational facilities or the renovation of such facilities of the Board of Regents of the Uni versity System of Georgia; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Higher Education.

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The following bills and resolutions of the House were read the first time and referred to committees:
HB 230. By Representatives Smyre of the 92nd and Green of the 106th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, so as to provide for a minimum state salary; to provide that such minimum state salary shall apply to the calculation of spouses' benefits.
Referred to Committee on Retirement.
HB 256. By Representative Porter of the 119th:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, and to amend Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trust, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property.
Referred to Committee on Judiciary.
HB 539. By Representative Holmes of the 28th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Geor gia which are applicable to particular groups of employees, so as to provide that certain employees and former employees of county departments of family and children services shall have the option to obtain creditable service under the Em ployees' Retirement System of Georgia.
Referred to Committee on Retirement.
HB 560. By Representatives Hamilton of the 124th, Childers of the 15th, Richardson of the 52nd, Oliver of the 53rd and Connell of the 87th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances.
Referred to Committee on Children and Youth.
HB 580. By Representatives Johnson of the 123rd, Mueller of the 126th, Benn of the 38th and Orrock of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require certain hospitals which operate emergency rooms to post certain notices in such emergency rooms; to provide for the content of such notices.
Referred to Committee on Human Resources.
HB 677. By Representative Hamilton of the 124th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary secondary education, so as to limit the authority for local school systems to employ attendance officers; to provide for the employment of school social workers in lieu of attendance officers.
Referred to Committee on Education.

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HB 695. By Representative Heard of the 43rd:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable ser vice to be obtained for certain active duty service in the armed forces of the United States as a member of a National Guard unit which was called into fed eral service. Referred to Committee on Retirement.
HB 704. By Representatives Walker of the 115th, Ray of the 98th and Hooks of the 116th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the procedures for filling vacancies on local boards of education under certain circumstances. Referred to Committee on Education.
HB 769. By Representative Edwards of the 112th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, and entities being members of the Employees' Retirement System of Geor gia, so as to provide that all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of said retirement system. Referred to Committee on Retirement.
HB 1088. By Representatives Pannell of the 122nd, Parrish of the 109th, Smith of the 78th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that certain judicial employees shall be members of the retirement system; to provide for definitions; to provide for creditable service for prior membership in the re tirement system; to provide for creditable service for prior service as a judicial employee. Referred to Committee on Retirement.
HB 1163. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 42-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally, meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws. Referred to Committee on Human Resources.
HB 1191. By Representative Holmes of the 28th:
A bill to amend Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to bicycles, so as to prohibit bicycle racing on state highways. Referred to Committee on Public Safety.
HB 1206. By Representatives Benn of the 38th and McKinney of the 35th:
A bill to amend Code Section 48-5-349 of the Official Code of Georgia Annotated, relating to the composition of the Ad Valorem Assessment Review Commission, so as to provide that the appraiser member shall be certified by certain organizations. Referred to Committee on Banking and Finance.

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HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of controlled sub stances or marijuana; to provide for disposition of such real property.
Referred to Committee on Public Safety.
HB 1225. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide a short title; to provide for the withdrawal of recognition, campus expulsion, and termination of the use of University System of Georgia property or facilities to any student or ganization which knowingly permits or condones the sale, distribution, posses sion, use, or consumption of any controlled substance, dangerous drug, or alco holic beverage in a manner contrary to law.
Referred to Committee on Higher Education.
HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appoint ment, terms, allowances, expenses, and removal of members.
Referred to Committee on Human Resources.
HB 1231. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and the University System of Geor gia, so as to provide for comprehensive provisions to create a drug-free environ ment in Georgia's public colleges and universities; to provide a short title.
Referred to Committee on Higher Education.
HB 1263. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment.
Referred to Committee on Special Judiciary.
HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school functions and require certain reports thereof to be made to the appropriate po lice authority or district attorney; to provide for immunity from liability.
Referred to Committee on Education.

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HB 1320. By Representatives Oliver of the 53rd, Smyre of the 92nd, Baker of the 51st and others:
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 revise the provisions relating to the removal of a child from that child's home; to provide that the Division of Family and Children Services of the Department of Human Resources shall sub mit a case plan for the reunification of the child and his or her family. Referred to Committee on Judiciary.
HB 1352. By Representatives Porter of the 119th, Campbell of the 23rd and Davis of the 45th:
A bill to amend Code Section 53-2-45 of the Official Code of Georgia Annotated, relating to the effect of a legacy or devise to a subscribing witness to a will, so as to provide that a legacy or devise to a subscribing witness shall not be void if there are at least two other subscribing witnesses to such will who are not lega tees or devisees under such will. Referred to Committee on Judiciary.
HB 1360. By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reor ganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uni form rules of the road.
Referred to Committee on Public Safety.
HB 1444. By Representatives Crosby of the 150th, Coleman of the 118th and Royal of the 144th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales tax and use tax, so as to require the keeping of certain records of projects; to require certain schedules to be included in annual audits; to provide for verification and testing; to require the keeping of certain records pertaining to certain contracts or agreements. Referred to Committee on Banking and Finance.
HB 1466. By Representatives Ware of the 77th, Lawson of the 9th, Dunn of the 73rd and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with respect to insurance, so as to authorize the Commissioner of Insurance to investigate reports of fraudulent insurance acts; to authorize the Commissioner of Insurance to collect evidence, request the attend ance of witnesses, and administer oaths in connection with an investigation. Referred to Committee on Insurance.
HB 1522. By Representatives Murphy of the 18th, Thomas of the 69th, Lee of the 72nd and Chambless of the 133rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require any consumer reporting agency issu ing a consumer report indicating the existence of a recorded writ of fieri facias to have verified within six months preceding issuance of such consumer report that the writ of fieri facias has not been satisfied. Referred to Committee on Banking and Finance.

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HB 1570. By Representative Redding of the 50th: A bill to amend Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or struc tures, so as to provide that a hearing relating to a dwelling, building, or structure alleged to be unfit for habitation shall be held in the municipality when the prop erty in question is located within a municipality.
Referred to Committee on Urban and County Affairs (General).
HR 583. By Representatives Ray of the 98th and Walker of the 115th: A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron.
Referred to Committee on Public Utilities.
HR 684. By Representative Couch of the 36th: A resolution granting a nonexclusive easement for operation and maintenance of an audio visual transmission cable in, on, over, upon, across, or through property owned by the State of Georgia in Fulton County, Georgia.
Referred to Committee on Public Utilities.
HB 1502. By Representatives Couch of the 36th, Alford of the 57th, Townsend of the 24th and others: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act," so as to give the Authority power to make certain purchases with out competitive bidding.
Referred to Committee on Urban and County Affairs.
HB 1611. By Representatives Stephens of the 68th, Clark of the 13th, Irwin of the 13th and Thurmond of the 67th: A bill to amend an Act providing for a new charter for the City of Athens, so as to authorize retention of staggered two-year terms of office.
Referred to Committee on Urban and County Affairs.
HB 1625. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said home stead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem tax ation for education purposes levied for and in behalf of such school system.
Referred to Committee on Urban and County Affairs.
HB 1636. By Representative Royal of the 144th: A bill to authorize the imposition, collection, and disposition of county law li brary fees as a part of the court costs in the Magistrate Court of Mitchell County.
Referred to Committee on Urban and County Affairs.
HB 1638. By Representative Heard of the 43rd: A bill to create and incorporate the Town of Brooks in Fayette County and grant a new charter to that municipality under such corporate name and style; to pre scribe and define the corporate limits thereof.
Referred to Committee on Urban and County Affairs.

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HB 1645. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change certain provisions relating to terms of office of members of the board of education of the City of Bremen.
Referred to Committee on Urban and County Affairs.

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

Mr. President:

The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1288. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 649. Do pass. SB 650. Do pass.
Respectfully submitted,
Senator Langford of the 35th District, Chairman

Mr. President:

The Committee on Industry and Labor 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 584. Do pass. SB 585. Do pass.

HB 1282. Do pass. HB 1296. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 502. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the

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Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 278. 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 and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 646.
SB 647. SB 659. HB 1238. HB 1400.

Do pass.
Do pass. Do pass. Do pass. Do pass.

HB 1404. Do pass. HB 1462 Do pass.
HB 1483. Do pass. HB 1529- Do pass.

HB 1401. Do pass.

HR 639. 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:

SB 499. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use.

SB 554. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds of counties, municipal corporations, and other governmental entities, so as to provide for the expendi ture of bond funds for purposes other than that stated in the public bond notice; to provide for related matters; to provide for an effective date.

SB 591. By Senators Scott of the 2nd, Howard of the 42nd, Allgood of the 22nd and others:
A bill to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide dual party telephone relay system; to pro vide for legislative findings and declarations.

SB 600. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public offices and employees, so as to provide that, except as otherwise provided, any county officer shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecom ing the office, demanding excessive costs, or misfeasance or malfeasance in office.

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SB 630. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others: A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to domestic relations in general, so as to provide that the parties in cer tain domestic relations actions shall be required to complete a seminar for par ents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar.
SB 638. By Senator Kidd of the 25th: 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 that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery against an employee or resident of such center, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction.
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.
SR 334. By Senators Kidd of the 25th and Ray of the 19th: A resolution relating to and affecting America's youth groups that teach citizen ship, municipal governments, and other governmental bodies.
HB 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multi-year installment purchase contracts.
HB 1250. By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th: A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to regis tered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members.
HR 638. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Community Affairs.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen Broun

Burton Clay Collins Dawkins Deal Dean Echols

Edge Egan English Engram Fincher Foster Fuller

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Garner Gillis 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 Stumbaugh Taylor Timmons Turner Tysinger

Those not answering were Senators:

Brannon Coleman

Howard Langford

Tate Walker

Senator Barker of the 18th introduced the chaplain of the day, Dr. Ted Moody, pastor of Central Baptist Church, Warner Robins, Georgia, who offered scripture reading and prayer.

The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
February 2, 1990
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 1990 Regular Session as of 3:00 p.m. on February 2, 1990. The list is numbered 970 through 1027.
Most sincerely,
/a/ Max Cleland Secretary of State
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

STATE OF GEORGIA Office of Secretary of State
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 970 through 1027, who have registered in the Docket of Legislative Appearance as of February 2, 1990, 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 2nd day of February, in the year of our

MONDAY, FEBRUARY 5, 1990

679

Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

Is/ Max Cleland Secretary of State

970. Joe D. Douglas, Jr. 13175 Hopewell Road Alpharetta, Georgia 30201 (404)475-5004 Hopewell/North Alpharetta Civic Association Sanity, Inc.
971. Marion Ealy, Jr. 431-A Flat Shoals Ave. SE Atlanta, Georgia 30316 (404)688-5658 Association of Transportation Managers of Atlanta Citizen London Taxi Drivers Association
972. Lillian M. Hall 2044 Riverwood Drive Gainesville, Georgia 30501 (404)536-5923 Lake Lanier Property Owners' Association Campaign For a Prosperous Georgia
973. Lee Macaulay 2359 Windy Hill Rd, Ste #207D Marietta, Georgia 30067 (404)421-9549 Operation Rescue Georgia Nurses for Life
974. Rick L. Grayson 2359 Windy Hill Rd Ste 207D Marietta, Georgia 30067 (404)421-9552 Operation Rescue Georgia Right to Life
975. Tony Hightower 2720 Lochraven Court Suite 200 Snellville, Georgia 30278 (404)985-2446 Hightower and Associates Georgia Lottery Association
976. Bob Waymer 242 Boulevard, S.E. Atlanta, Georgia 30312 (404)525-6383 The Elloree Company

977. Danny Russell Huckaby 3711 North Point Drive Marietta, Georgia 30062 (404)977-7991 Mothers Against Drunk Driving of Georgia
978. Kathleen Strickland 3711 Northpoint Drive Marietta, Georgia 30062 (404)977-7991 Mothers Against Drunk Driving of Georgia
979. VOID.
980. J. M. Patterson Suite 240 1400 Montreal Road Tucker, Georgia 30084 (404)938-2100 Patterson Engineering, Inc.
981. J. Mark Walker 2402 Chestnut Springs Trail Marietta, Georgia 30062 (404)971-0430 Citizen
982. Martha Hutchins 429 Moreland Ave. S.E. Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project In Defense of Our Communities
983. Beatrice Marie Adams 429 Moreland Ave. N.E. Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project
984. William C. Gouinlock 429 Moreland Ave. N.E. Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project
985. Barbara V. Prevost 6787 Hembree Dr. S.W. Austell, Georgia 30001 (404)948-4161 Citizen Georgia Right to Life

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986. Kay Wimpey 510 Morningside Drive Marietta, Georgia 30060 (404)428-2247 Georgia Right to Life Citizen
987. Carolyn Garcia 407 St. Albans Ct. Mableton, Georgia 30059 (404)941-6712 Citizen Georgia Right to Life
988. Suzanne M. Justus 3402 Shawnee Tr. Smyrna, Georgia 30080 (404)435-2670 Citizen Georgia Right to Life
989. Rhonda M. Dulaney 4007 Stilesboro Way NW Kennesaw, Georgia 30144 (404)428-6117 Georgia Right to Life Citizen
990. Gloria Jean Mobley 1110 Neva Dr. Marietta, Georgia 30060 (404)432-0724 Georgia Right to Life Georgia Citizen
991. Elizabeth P. Vawter 2619 Florence Rd Powder Springs, Georgia 30073 (404)943-5410 Citizen Georgia Right to Life
992. Bette Marken Rt. 1, Box 50-C Milner, Georgia 30257 (404)358-0516 Citizens For A Safer Georgia
993. Rachel G. Black, R.D., L.D. 4771 Anneewakee Road Douglasville, Georgia 30135 (404)942-2391 Citizen
994. Kevin S. King 3100 Breckinridge Blvd. Building 1200 Duluth, Georgia 30136 (404)564-6228 Management Financial Services, Inc. A. L. Williams Corporation, The

995. Laura G. Kuffrey 551 Hammond Dr. Atlanta, Georgia 30328 (404)255-5626 Informed Health Care Association of Georgia American Massage Therapy Association
996. Mark D. Caudill P. 0. Box 2563 Birmingham, Alabama 35202 (205)325-7568 Sonat, Inc.
997. William M. Cargile 1675 Roswell Rd., #628 Marietta, Georgia 30062 (404)424-8310 Informed Health Care of Georgia
998. Mark Kick Nuts and Berries 4568 Peachtree Road Atlanta, Georgia 30319 (404)237-6829 Health Food Industry
999. Diane P. Hopkins 233 Peachtree St. Ste 200 Atlanta, Georgia 30303 (404)223-2294 Business Council of Georgia
1000. Rev. 0. J. Kinard 20 Hilliard St. S.E. Atlanta, Georgia 30312 (404)688-8949 Step Forward Inc. Affordable Housing Homeless Issues (S.F.I.)
1001. Eddie Suttles 40 Circle Creek Drive Stockbridge, Georgia 30281 (404)474-8967 Georgia Green Party
1002. Dollie E. Garner 3667 Midvale Road Tucker, Georgia 30084 (404)496-0667 Citizen
1003. Ted Lawrence 125 Perimeter Center West Suite 346 Atlanta, Georgia 30340 (404)391-3708 Southern Bell

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681

1004. Anthony Mazyck, II 2454-C Wesley Chapel Road Suite 222 Decatur, Georgia 30035 (404)286-1917 Mazak Consultants, Inc.
1005. Mary McGuinnes 2383 Akers Mill Road Atlanta, Georgia 30339 (404)984-9656 Georgia Coalition For Preventive Health Services For Women
1006. Mina J. Price 3029 Bankers Industrial Drive Doraville, Georgia 30360 (404)447-4366 Georgia Coalition For Preventive Health Services For Women
1007. Rita Evans 285 Boulevard, N.E. Atlanta, Georgia 30135 (404)653-4786 Georgia Coalition For Preventive Health Services For Women
1008. Don Wix P. O. Box 235 Mableton, Georgia 30059 (404)948-3278 New Georgia, Inc. Citizen
1009. James D. Engstrom 100 Edgewood Avenue Post Office Box 2692 Atlanta, Georgia 30371 (404)527-7363 United Way of Metro Atlanta United Ways of Georgia
1010. John H. Walker, Sr. P. 0. Box 613 Nahunta, Georgia 31566 (912)462-6176 Citizen
1011. Norris Callier, Jr. 501 Pulliam Street Suite 350 Atlanta, Georgia 30314 (404)522-0684 Amalgamated Transit Union 732

1012. John P. Tucker, Jr. 1800 Peachtree Rd., N.W. #520 Atlanta, Georgia 30309 (404)351-0003 Georgia Rail Line Preservation League Blue Ridge Concrete, Inc. Georgia Pro-Life Coalition Fannin County Board of Commissioners
1013. Julianne Givens Goecke 788 Reekie Road Decatur, Georgia 30030 (404)871-7601 Georgia Title Attorneys
1014. Susan Chapman 409 Turner Bend Road, S.W. Rome, Georgia 30161 (404)234-0560 Georgia Congress of Parents and Teachers
1015. Virlyn Slaton 975 Johnson Ferry Road Suite 450 Atlanta, Georgia 30342 (404)252-0700 Mortgage Bankers Association of Georgia
1016. Stanley H. McCalla 975 Johnson Ferry Road, N.E. Suite 450 Atlanta, Georgia 30342 (404)252-0700 Mortgage Bankers Association of Georgia
1017. Teresa Nelson 41 Marietta St., N.W. Suite 714 Atlanta, Georgia 30303 (404)522-8487 Georgia Trial Lawyers Association Grant Park Neighborhood Association Citizen
1018. Robert B. Remar 333 Carnegie Building Atlanta, Georgia 30303
(404)688-4000
Georgia Psychological Association Georgia Consumer Center, Inc.

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1019. George Buckner 432 Pinecrest Drive Columbus, Georgia 31907 (404)568-5258 Georgia State Employee
1020. Carrie Stempler 7000 Peachtree Dunwoody Road Building 16, Suite 325 Atlanta, Georgia 30328 (404)399-6088 Sandy Springs Chamber of Commerce
1021. Helen Heard 1340 Spring Street Atlanta, Georgia 30309 (404)885-1578 Save The Children
1022. Fran Beall 1362 West Peachtree Atlanta, Georgia 30309 (404)542-1162 Georgia Nurses Association Citizen
1023. Steven Justice P. 0. Box 13 Atlanta, Georgia 30320 (404)449-8869 Citizen

1024. Marcus E. Sosebee, Jr. Route 8, Box 8019 Blairsville, Georgia 30512 (404)379-3111 Young Harris College Student Government
1025. Tiphany L. Busby P. O. Box 663 Young Harris, Georgia 30582 (404)379-3111 Young Harris College Student Government
1026. Randall E. Alberts P. 0. Box 481 Young Harris, Georgia 30582 (404)379-3111 Young Harris College Student Government
1027. Jeffrey Lee Williams 2400 Pleasant Hill Road Duluth, Georgia 30136 (404)476-9625 Citizens Lobby For Kids R. L. Morton Elementary Parent Teacher Association Georgia Credit Union Associates, Inc.

The following resolutions of the Senate were read and adopted:

SR 399. By Senators Ragan of the 10th and Bowen of the 13th: A resolution commending Ginger H. Mathis.

SR. 400. By Senator Ragan of the 10th: A resolution commending Mr. Julien B. Roddenbery, Sr.

Senator Broun of the 46th introduced Dr. C. C. Murray, a former dean of the School of Agriculture at the University of Georgia, who was commended by SR 299, adopted previ ously, and also introduced Honorable Bobby Whitworth, Commissioner of the Georgia De partment of Corrections.

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, February 5, 1990 TWENTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 646 Johnson, 47th

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Hart County City of Hartwell
Changes certain provisions relating to the expiration of a certain term of mu nicipal office.
SB 647 McKenzie, 14th Schley County City of Ellaville
Provides a new charter for the City of Ellaville.
SB 659 Olmstead, 26th Harris, 27th Barker, 18th Bibb County City of Macon
Changes certain provisions relating to the custodian of the pension fund of the "Macon-Water Commissioners Pension Plan"; changes the qualifications of the custodian of the pension fund.
HB 1238 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County
Changes the compensation of the clerk of probate court of Chatham County.
HB 1400 Kidd, 25th Wilkinson County
Provides that sheriffs automobiles shall be replaced at 100,000 miles; pro vides that automobiles with over 100,000 miles may be used on a part-time basis for non-pursuit purposes.
HB 1401 Kidd, 25th Wilkinson County City of Ivey
Provides that residents of the City of Ivey who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.
HB 1404 Kidd, 25th Wilkinson County
Increases the amount of the exemption from county ad valorem taxes which applies to the homestead of each resident of Wilkinson County who is age 65 or older and who meets certain income qualifications.
HB 1462 Baldwin, 29th Harris County City of Shiloh
Provides a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes for certain residents of that city.
HB 1483 Fincher, 54th Murray County
Creates a five-person board of commissioners of Murray County to succeed to

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the powers and duties of the current board and to exercise other powers and duties.

HB 1529 Foster, 50th Stephens County
Changes the compensation of the judge and solicitor of the State Court of Stephens County.

HR 639 Allgood, 22nd Albert, 23rd Richmond County City of Augusta
Re-creating the Augusta-Richmond County Commission on Disadvantaged Youth.

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 Broun Burton CColalyeman Deal
Dean Echols
Edge Egan English

Engram Fincher Foster Garner Gillis Hammill Harris HHuogwgairnds Kennedy
Kidd Langford
McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard R of 32nd n f,,co,t.t of,. 20nd, Scott of 36th
Starr Stumbaugh
Tate Turner Tysinger

Those not voting were Senators:

Bowen Brannon Collins Dawkins

Fuller Johnson Land Ragan of 10th

Shumake Taylor Timmons Walker

On the passage of all the local bills and resolution, the yeas were 44, nays 0.

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

Senator Newbill of the 56th moved that the following resolution of the Senate be with drawn from the Senate Committee on Reapportionment and committed to the Senate Com mittee on Urban and County Affairs (General):

SR 288. By Senator Newbill of the 56th:

MONDAY, FEBRUARY 5, 1990

685

A resolution creating the Reapportionment of the Fulton County Board of Commission ers Study Committee.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 288 was with drawn from the Senate Committee on Reapportionment and committed to the Senate Com mittee on Urban and County Affairs (General).
The following resolution of the Senate, favorably reported by the committee, was put upon its adoption:
SR 278. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:
A RESOLUTION
Relative to officials, employees, and committees in the Senate; to amend SR 3 adopted at the 1989 session; and for other purposes.
BE IT RESOLVED BY THE SENATE that SR 3 adopted by the Senate at the 1989 regular session is amended by striking all of the substantive provisions thereof and inserting the following new substantive provisions, which provisions shall be in effect during the 1990 regular session, during the period following final adjournment of the 1990 regular session until the convening of the 1991 regular session, during any special session prior to the 1991 regular session, and until otherwise provided for by resolution of the Senate:
Part 1.
Section 1-1. Subject to the availability of funds appropriated or otherwise available for the Senate, the Senate Administrative Affairs Committee of the Senate is authorized to employ on behalf of the Senate: chaplains, a postmaster, assistant doorkeepers, interns, a director of pages, pages, aides, secretaries, stenographers, typists, clerks, porters, court re porters consultants, and other necessary personnel; and the Senate Administrative Affairs Committee is authorized to provide for a Senate Research Office, a Senate Information Of fice and a Senate Photographer's Office, and to employ personnel for said offices. The num bers and compensation of personnel employed pursuant to this section shall be fixed by the Senate Administrative Affairs Committee within the limitations of funds appropriated or otherwise available for the operation of the Senate. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Senate Administrative Affairs Committee. The assign ment and duties of personnel employed pursuant to this section shall be as determined by the Senate Administrative Affairs Committee; and any such personnel may be assigned to Senate officers, committees, and committee officers as deemed appropriate by the Senate Administrative Affairs Committee, including assignment of aides to the President Pro Tempore, the Majority Leader, and the Minority Leader.
Section 1-2. The Sergeant-at-Arms of the Senate, who is elected by the Senate, shall be compensated in an amount to be fixed by the Senate Administrative Affairs Committee of the Senate.
Part 2.
Section 2-1. Subject to the availability of funds appropriated or otherwise available for the Secretary of the Senate's Office, the Secretary of the Senate is authorized to employ for the Secretary's office: an assistant secretary, reading clerks, bill clerks, enrolling and en grossing clerks, calendar clerks, journal clerks, administrative assistants, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, clerical assistants, terminal operators, document distributors, porters, personnel to distribute bills and other

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materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Secretary within the limi tations of funds appropriated or otherwise available for the operation of the Secretary of the Senate's Office. Personnel employed pursuant to this section may be employed on a perma nent or temporary basis and on a part-time or full-time basis, as may be determined by the Secretary. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Secretary.
Section 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Secretary of the Senate shall be the same amount he was receiving at the time of the adoption of this resolution by the Senate. In addition to that amount, he shall also receive the same percentage salary increase provided in the Gen eral Appropriations Act for employees of the executive, judicial, and legislative branches of state government. During his tenure of office, the Secretary shall also receive the same ex pense allowance and the same mileage or travel allowance as is received by members of the General Assembly.
Part 3.
Section 3-1. Subject to the availability of funds appropriated or otherwise available for the operation of the President of the Senate's Office, the President of the Senate is author ized to employ in his office: interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pur suant to this section shall be fixed by the President within the limitations of funds appro priated or otherwise available for the operation of the President of the Senate's Office. Per sonnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the President of the Senate. The assignment and duties of personnel employed pursuant to this section shall be as determined by the President of the Senate.
Part 4.
Section 4-1. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: the President Pro Tempore, the Majority Leader, the Minority Leader, and the Administration Floor Leader. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim legislative committees.
Section 4-2. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the Senate is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances au thorized by law for legislative members of interim legislative committees but shall not re ceive the same for more than twenty days each year.
Section 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Senator must be certified as such by the Governor in writing to the President of the Senate and the Secretary of the Senate.
Part 5.
Section 5-1. During any period or day of adjournment during a regular or special ses sion, the President is empowered to give authorization for standing committees of the Sen-

MONDAY, FEBRUARY 5, 1990

687

ate and such other committees as he might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the President to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
Section 5-2. The President is authorized to appoint committees from the members of the Senate to serve as interim legislative study committees and for the purpose of perform ing such duties as the President shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative commit tees. The President shall designate the chairman of any such committee and shall prescribe the time for which any such committee is authorized to function. The President is author ized to extend the time allowed for any committee, whether the committee is created by resolution or by the President. The chairman of any standing committee is empowered to authorize his committee or any standing subcommittee of his committee to function during the interim for the purpose of performing such duties as the chairman shall deem necessary. The members shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
Part 6.
Section 6-1. The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the Senate. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Secretary of the Senate's Office. The funds necessary to carry out the provisions of Part 3 of this resolu tion shall come from funds appropriated or otherwise available for the operation of the President of the Senate's Office.
Section 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.
Section 6-3. This resolution shall take effect immediately upon its adoption by the Senate.
On the adoption of the resolution, the yeas were 32, nays 0.
The resolution was adopted.
SENATE RULES CALENDAR
Monday, February 5, 1990
TWENTIETH LEGISLATIVE DAY
SB 17 Teachers Retirement--limitless unused sick leave accumulation (Amendment) (Ret--4th)
SB 439 Teacher Certification--requirements for renewing (Substitute) (Ed--56th)
SB 447 Employees', Teachers' Health Insurance--schedule of maximum fees for services (Substitute) (Amendment) (Gov Op--25th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 484 Delinquents Committed to Department of Human Resources--circumstances to transfer to Corrections (Substitute) (C&Y--25th)
SB 485 Delinquents Committed to Department of Human Resources--evaluations (Sub stitute) (C&Y--25th)
SB 549 Employees' Retirement--membership during term as Governor (Ret--33rd)

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SB 551 Family Violence Case--when defendant remanded into custody (Substitute) (S Judy--48th)
SB 574 Auctioneers Commission--continue, later terminate (Substitute) (Ag--21st)
SB 598 Certain Senate Districts--change composition (Reappor--15th)
SB 633 Aid to Family with Dependent Children --school requirements (Substitute) (Gov Op--39th)
SB 639 Elections--certain nomination petitions consist of card with one signature (Gov Op--25th)
SR 289 Senate Teacher Certification Study Committee--create (Substitute) (Ed--56th)
SR 304 Georgia 1992 Commission--commemorating Columbus voyage (Amendments) (ED&T--46th)
SR 363 Joint Legislative Study Committee on Efficiency in State Government--create (Gov Op--2nd)
HB 1219 Health Insurance--certain notification by insurer (Substitute) (Ins--16th)
HB 1220 Council of Superior Court Clerks of Georgia--create (Gov Op--49th)
HB 1273 Elections--correct errors in Title 21 (Judy--49th)
HB 1277 Liability When Donating Canned Food to Charity--editorial changes (Judy--49th)
HB 1278 Official Code of Georgia--correct errors, omissions (Amendment) (Judy--49th)
HB 1361 Business Corporation Code--change certain definitions (Judy--47th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee

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

SB 17. By Senators Kennedy of the 4th, Ray of the 19th and Dean of the 31st:
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 there shall be no limit on the amount of unused sick leave which may be accumulated for the purpose of members of the Teachers Retirement System of Georgia ob taining creditable service under said retirement system for such unused sick leave.

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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

March 2, 1989

SUBJECT: Senate Bill 17 (LC 7 7138) Teachers Retirement System

This bill would allow members of the Teachers Retirement System (TRS) to obtain

MONDAY, FEBRUARY 5, 1990

689

creditable service for accumulated unused sick leave at the time of retirement. Upon retire ment, a member would receive creditable service for all unused sick leave accumulated after June 30, 1990 and for a maximum of 45 days of unused sick leave accumulated prior to July 1, 1990. One month of creditable service would be given for each 20 days of unused sick leave and no creditable service would be given for less than 20 days of accumulated sick leave. Unused sick leave (in excess of 45 days) for which compensation is received at the end of a school year could not be used to obtain creditable service. Employers would be required to maintain sick leave records for TRS members. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
/s/ G. W. Hogan State Auditor

The following Memorandum, 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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--Senate Bill 17 (LC 7 7138) Teachers Retirement System

This bill would allow members of the Teachers Retirement System (TRS) to obtain creditable service for accumulated unused sick leave at the time of retirement. Upon retire ment, a member would receive creditable service for all unused sick leave accumulated after June 30, 1990 and for a maximum of 45 days of unused sick leave accumulated prior to July 1, 1990. One month of creditable service would be given for each 20 days of unused sick leave and no creditable service would be given for less than 20 days of accumulated sick leave. Unused sick leave (in excess of 45 days) for which compensation is received at the end of a school year could not be used to obtain creditable service. Employers would be required to maintain sick leave records for TRS members. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

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

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

from the bill.

$216,106,000

(2) The amount of annual normal cost which will result from the bill. $ 14,630,000

(3) The employer contribution rate currently in effect.

13.48%

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

14.32%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 32,935,000

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

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

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339

November 15, 1989

Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334

Dear Mr. Hogan:

Re: Senate Bill 17 (LC 7 7138)

As requested, we have made an actuarial investigation of the impact of Senate Bill 17 (LC 7 7138) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.

This Bill would provide that there shall be no limit on the amount of unused, uncompensated sick leave which may be used to obtain creditable service and authorize creditable service for unused sick leave which is accumulated at the time of retirement. The cost of this proposal would be approximately $32,935,000 in the first year, or about 0.84% of active payroll. The increase in unfunded actuarial accrued liability would be $216,106,000.

The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 3,195,388

$ 3,411,494

$ 216,106

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount

%

Amount

Normal Accrued Liability

6.45% $ 248,325 6.837c $ 262,955 0.38% $ 14,630

7.03

270,655 7.49

288,960 0.46

18,305

Total

13.48% $ 518,980 14.32% $ 551,915 0.84% $ 32,935

The preceding figures are based on the employee data, actuarial assumptions and actua-

MONDAY, FEBRUARY 5, 1990

691

rial methods used to prepare the June 30, 1988 actuarial valuation of the System, together with an estimated payroll of $3,850,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

The following Memorandum, 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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 8, 1990

SUBJECT: Revised Actuarial Investigation--Senate Bill 17 (LC 7 7138) Teachers Retirement System

This bill would allow members of the Teachers Retirement System (TRS) to obtain creditable service for accumulated unused sick leave at the time of retirement. Upon retire ment, a member would receive creditable service for all unused sick leave accumulated after June 30, 1990 and for a maximum of 45 days of unused sick leave accumulated prior to July 1, 1990. One month of creditable service would be given for each 20 days of unused sick leave and no creditable service would be given for less than 20 days of accumulated sick leave. Unused sick leave (in excess of 45 days) for which compensation is received at the end of a school year could not be used to obtain creditable service. Employers would be required to maintain sick leave records for TRS members. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

The following is a revised summary of the relevant findings of the actuarial investiga tion for this bill pursuant to a request by the House Retirement Committee. The investiga tion was revised based on additional information and was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

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

from the bill.

$162,080,000

(2) The amount of annual normal cost which will result from the bill. $ 11,165,000

(3) The employer contribution rate currently in effect.

13.48%

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

14.11%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 24,255,000

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

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JOURNAL OF THE SENATE

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

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339
January 4, 1990
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: Senate Bill 17 (LC 7 7138)
As requested, we have made an actuarial investigation of the impact of Senate Bill 17 (LC 7 7138) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36.

This Bill would provide that there shall be no limit on the amount of unused, uncompensated sick leave which may be used to obtain creditable service and authorize creditable service for unsued sick leave which is accumulated at the time of retirement. The cost of this proposal would be approximately $24,255,000 in the first year, or about 0.63% of active payroll. The increase in unfunded actuarial accrued liability would be $162,080,000.

The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 3,195,388

$ 3,357,468

$ 162,080

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount

%

Amount

Normal Accrued Liability

6.45% $ 248,325 6.74% $ 259,490 0.29% $ 11,165

7.03

270,655 7.37

283,745 0.34

13,090

Total

13.48% $ 518,980 14.11% $ 543,235 0.63% $ 24,255

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1988 actuarial valuation of the System, together with an estimated payroll of $3,850,000,000.
Sincerely yours,
/s/ Donald M. Overholser Consulting Actuary

MONDAY, FEBRUARY 5, 1990

693

The Senate Committee on Retirement offered the following amendment:

Amend SB 17 by striking lines 1 through 10 of page 1 and inserting in lieu thereof the following:
"To amend Article 5 of.
By striking Section 1 and redesignating Sections 2, 3, and 4 as Sections 1, 2, and 3, respectively.
By striking lines 23 through 29 of page 2 and inserting in lieu thereof the following:
The""service under the retirement system for a maximum of 45 days of unused sick leave.

By striking line 11 of page 3 and inserting in lieu thereof the following: "leave which is".

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Jimmy Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 29, 1990

SUBJECT: Senate Bill 17 (LC 7 7138) as Amended (AM 9 0005) Teachers Retirement System

As amended this bill would allow members of the Teachers Retirement System (TRS) to obtain creditable service for a maximum of 45 days of accumulated unused sick leave at the time of retirement. One month of creditable service would be given for each 20 days of unused sick leave. If enacted this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Sys tems Standards Law.

This is to certify that the changes made in this amendment are a reduction in cost amendment as defined in the Public Retirement Systems Standards Law. An actuarial study of the bill as amended is attached.

/s/ G. W. Hogan State Auditor

The following Memorandum, 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 J. Hodge Timmons, Chairman

Senate Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

January 29, 1990

694

JOURNAL OF THE SENATE

SUBJECT: Actuarial Investigation--Senate Bill 17 (LC 7 7138) as Amended (AM 9 0005) Teachers Retirement System
As amended this bill would allow members of the Teachers Retirement System (TRS) to obtain creditable service for a maximum of 45 days of accumulated unused sick leave at the time of retirement. One month of creditable service would be given for each 20 days of unused sick leave. If enacted this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Sys tems Standards Law.

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

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

from the bill.

$ 38,380,000

(2) The amount of annual normal cost which will result from the bill. $ 2,695,000

(3) The employer contribution rate currently in effect.

13.48%

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

13.63%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 5,775,000

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

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

BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1060 Atlanta, Georgia 30339
January 26, 1990
Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334
Dear Mr. Hogan:
Re: Senate Bill 17 (LC 7 7138) (AM 9 0005)
As requested, we have made an actuarial investigation of the impact of Senate Bill 17 (LC 7 7138) (AM 90005) on the Teachers' Retirement System in accordance with the re quirements of Code Section 47-20-36.
This Bill would provide that up to 45 days of unused uncompensated sick leave which is accumulated at the time of retirement may be used to obtain creditable service. The cost of this proposal would be approximately $5,775,000 in the first year, or about 0.15% of active payroll. The increase in unfunded actuarial accrued liability would be $38,380,000.
The following table shows the unfunded actuarial accrued liability and recommended

MONDAY, FEBRUARY 5, 1990

695

employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands.

Before Amendment

After Amendment

Increase

Unfunded Actuarial Accrued Liability

$ 3,195,388

$ 3,233,768

$ 38,380

Annual Contribution

Annual

Annual

Annual

%

Amount

%

Amount

%

Amount

Normal Accrued Liability

6.45% $ 248,325 6.52% $ 251,020 0.07% $

7.03

270,655 7.11

273,735 0.08

2,695 3,080

Total

13.48% $ 518,980 13.63% $ 524,755 0.15% $ 5,775

The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1988 actuarial valuation of the System, together with an estimated payroll of $3,850,000,000.
Sincerely yours,
Is/ Donald M. Overholser Consulting Actuary

On the adoption of the amendment, the yeas were 36, 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 Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster 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

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Barnes Egan

Shumake

Tysinger

Those not voting were Senators:

Brannon Fuller

Langford

Walker

On the passage of the bill, the yeas were 48, nays 4.

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 substitute thereto:

SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of cer tain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.
The House substitute to SB 433 was as follows:
A BILL
To be entitled an Act to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, so as to provide for the amount of premium reductions in motor vehicle insurance policies for eligi ble persons; to change the provisions relating to eligibility for reductions in premiums for motor vehicle insurance policies; to provide for additional approved driver improvement clinics, courses, and programs which teach defensive driving courses; to provide for supervi sory powers of the Department of Public Safety over certain driver improvement programs; 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 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, is amended by striking subsec tions (a), (b), (c), and (d) in their entirety and inserting new subsections (a), (b), (c), and (d) to read as follows:
"(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 a reduction of not less than 10 percent 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 application or provided in information subsequent to such application, of each motor vehicle covered 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) Have had no claims based on fault against an insurer for the prior three years; and
(3) Complete one of the following types of driving courses:
(A) A course in defensive driving of not less than six hours from a driver improvement clinic, commercial or noncommercial driving schools approved by and under the jurisdiction of the Department of Public Safety;
(B) An emergency vehicles operations course at the Georgia Public Safety Training Center; or

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697

(C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Associa tion of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the standards promulgated by the Depart ment of Public Safety pursuant to subsection (f) of this Code section.
(c) Upon completion of one of the driving courses specified in paragraph (3) of subsec tion (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, emergency vehicles operations courses, driver improvement programs administered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Public Safety that defensive driving courses shall be availa ble and accessible wherever practicable as determined by the department to licensed drivers throughout the state."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regu lations necessary to carry out the provisions of this subsection. The department shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state."
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 Stumbaugh of the 55th moved that the Senate agree to the House substitute to SB 433.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
owen iBCflua0rv"to"n Cotenan Collins Dawkins Deal Dean Echols Edge Egan

English Engram Fincher Fuller Garner
Gillis HuHaamrnms ill Howard Huggms Kennedy Kidd Land McKenzie Newbill Olmstead

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Foster Johnson

Langford Scott of 2nd

Shumake Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 433.

The following general bill of the Senate, having been committed to the Senate Commit tee on Governmental Operations on January 8, withdrawn from the Senate Committee on Governmental Operations on January 24 and committed to the Senate Committee on Edu cation, and favorably reported by the committee, was read the third time and put upon its passage:

SB 439. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification of certain personnel, so as to change the requirements for renewable certificates and change the persons eligible for nonrenewable certificates.

The Senate Committee on Education offered the following substitute to SB 439:

A BILL
To be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification of certain personnel, so as to change the provisions relat ing to certain renewable certificates and nonrenewable certificates; 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 certification of certain personnel, is amended by striking paragraph (2) of subsection (b) thereof and inserting in its place a new paragraph 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. The on-the-job performance shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant produces a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the schedul ing of observation periods and intervals between them is designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator is external to the school system in which the assessment is taking place; and each evaluator is certified by the State Board of Education as qualified to administer the assessment. Applicants may successfully complete the on-the-job assessment as a part of an approved teacher prepara tion program, provided that at least one evaluator is external to the college or university in which the assessment is taking place and each evaluator is certified by the State Board of Education as qualified to administer the assessment. An applicant shall be exempted from the above on-the-job assessment requirement if:
(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties in the field in which the applicant was certified on a full-time

MONDAY, FEBRUARY 5, 1990

699

basis for at least five of the past seven years in this state or any other state, or a combina tion thereof; or
(B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed ap propriate leadership duties in the field in which the applicant was certified on a full-time basis for at least five of the past seven years in this state or any other state, or a combina tion thereof.
These exemptions shall not apply to those applicants who have taken the on-the-job assess ment required for certification more than five times. Any person who qualifies for the ex emption granted under subparagraph (A) or (B) of this paragraph shall receive a nonrenewable certificate valid for a maximum of three years. Said person shall twice demonstrate satisfactory performance on the evaluation required pursuant to Code Section 20-2-210 dur ing the validity period of the nonrenewable certificate, at which time said person shall be eligible to receive a renewable certificate; provided, however, that such evaluation shall be administered by at least one evaluator external to the school system. 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. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton
Clay Collins Dawkins Deal Dean Echols Edge Egan English

Engram Fincher Foster Garner 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

Those not voting were Senators:

Brannon Coleman

Fuller Taylor

Walker

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

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

700

JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time and final ac tion suspended on February 2, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 447. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insur ance plan, so as to provide that the State Personnel Board shall adopt and pro mulgate a schedule of maximum fees for medical and surgical services and pro fessional services provided in hospitals.

The substitute to SB 447 offered by the Senate Committee on Governmental Opera tions and adopted as amended by the amendment offered by Senator Ragan of the 10th on February 2, as they appear in the Journal of February 2, was automatically reconsidered and put upon its adoption.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Bowen Burton
p ,y Djbj;oawlei kmmans Dean Echols Edge English Engram Fincher

Foster Fuller 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 2nd SS_,hcoutmt aok.fe36th Starr Stumbaugh Tate Taylor Timmons Turner

Those voting in the negative were Senators:

Broun Collins

Egan

Tysinger

Those not voting were Senators:

Brannon

Newbill

Walker

On the passage of the bill, the yeas were 49, nays 4.

MONDAY, FEBRUARY 5, 1990

701

The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delinquent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Corrections.
The Senate Committee on Children and Youth offered the following substitute to SB 484:
A BILL
To be entitled an Act to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delinquent child committed to the department is alleged to have committed another delinquent act while in the department's custody, the department may petition the court of original jurisdiction to have such child transferred to the superior court and sentenced to the custody of the Department of Correc tions; to provide for a hearing, for a determination as to whether a transfer to the superior court is warranted, and for the disposition of the child; to authorize the department under certain conditions to petition a court to issue a warrant for the arrest of a child committed to the department who commits a criminal act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) When a court commits a delinquent child to the department, the court shall at once forward to the department a certified copy of the order of commitment and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect to the case. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department.
(2) At any time a delinquent child committed to the department is alleged to have committed another delinquent act while in the department's custody, the department may petition the court of original jurisdiction to have such child transferred to the superior court and sentenced to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections. The court, after a hearing, shall determine if transfer to the superior court is warranted and any other appropriate disposition of such child in accordance with Code Section 15-11-39.
(3) At any time a delinquent child committed to the department commits an act which violates any provision of Title 16, the 'Criminal Code of Georgia,' the department may peti tion any court of competent jurisdiction to issue a warrant for the arrest of such child for such violation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

702

JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brannon English Langford

McKenzie Parker

Scott of 2nd Walker

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

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

The following resolution of the Senate was read and adopted:

SR 398. By Senators Fincher of the 54th, Ragan of the 10th, Ragan of the 32nd and others:
A resolution commending Dr. John Michael Palms, president of Georgia State University.

Senator Fincher of the 54th introduced Dr. John Michael Palms, president of Georgia State University, who briefly addressed the Senate.

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

SB 485. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide for evaluations of delinquent or unruly children committed to the department; to provide for the contents of such evalu ations; to provide for reevaluations.

MONDAY, FEBRUARY 5, 1990

703

The Senate Committee on Children and Youth offered the following substitute to SB 485:

A BILL
To be entitled an Act to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide for evaluations of delinquent children committed to the department; to provide for the contents of such evaluations; to provide for reevalua tions; to provide for cases in which evaluations or reevaluations of a child have not been made by the department; to provide for records and confidentiality of evaluations and reevaluations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) When a delinquent child has been committed to the department, the depart ment shall, under rules and regulations established by the board, forthwith examine and evaluate the child and investigate all pertinent circumstances of his life and behavior. Such examination and evaluation of the child shall occur over a period of not more than 15 days and the evaluation shall include, but not be limited to, the education level of the child, skills or talents, social problems, and potential education or job training, including goals. The department shall make periodic reexaminations and reevaluations of all delinquent children within its control, except those on release under supervision of the department or placed in foster homes by the department. Such reexaminations and reevaluations may be made as frequently as the department considers desirable and shall be made with respect to every child at intervals not exceeding one year. Failure of the department to examine and evaluate a delinquent child committed to it or to reexamine or reevaluate him within one year of a previous examination and evaluation shall not of itself entitle the child to discharge from control of the department but shall entitle the child to petition the committing court for an order of discharge; and the court shall discharge him unless the department, upon due no tice, satisfies the court of the necessity of further control.
(2) The department shall keep written records of all examinations, evaluations, reex aminations, and reevaluations of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent child subject to its control. Records as may be maintained by the department with respect to a delinquent child committed to the depart ment shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles."
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

Allgood

Baldwin

704

JOURNAL OF THE SENATE

Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram

Fincher Foster 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 Turner Tysinger

Those not voting were Senators:

Brannon Fuller Garner

Hammill McKenzie

Timmons Walker

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

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

SB 549. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that persons becoming Governor after a certain date shall forfeit part-time service as a condition of membership in the retirement system during service as Governor; to provide for other matters relative to the foregoing; to provide an effective date.

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 Roy Barnes

State Senator

FROM

G. W. Hogan, State Auditor

DATE:

January 8, 1990

SUBJECT: Senate Bill 549 (LC 7 7552) Employees' Retirement System

This bill provides that persons becoming Governor after December 31, 1990 shall forfeit part-time service as a condition of membership in the Employees' Retirement System dur ing service as Governor. Any person becoming Governor after this date must notify the board of trustees within 30 days after taking office of the intent to forfeit such service or be deemed to have elected to retain part-time service and not be a member of the retirement

MONDAY, FEBRUARY 5, 1990

705

system during service as Governor. This bill would become effective upon its approval by the Governor or upon its becoming law without such approval.
This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems 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:

Barnes Burton Dawkins Deal Edge

Foster Fuller Garner Howard Johnson

Newbill Peevy Ragan of 32nd Stumbaugh

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Clay Collins Dean Echols Egan English Engram

Fincher Gillis Hammill Harris Huggins Kennedy Kidd Land Langford Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon Coleman

McKenzie

Walker

On the passage of the bill, the yeas were 14, nays 38.

The bill, having failed to receive the requisite constitutional majority, was lost.

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

SB 551. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to provide that, upon special written findings of fact, a superior court may order a defendant remanded into custody; to provide for psychiatric or psychological evaluations and reports related thereto: to provide for facilities.

706

JOURNAL OF THE SENATE

The Senate Committee on Special Judiciary offered the following substitute to SB 551:
A BILL
To be entitled an Act to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to provide that, upon special written findings of fact, a superior court may order a defendant remanded into custody; to provide for psychiatric or psychological evalua tions and reports related thereto; to provide for facilities; to provide for notices and hear ings; to provide for time limits; to provide for practices, procedures, and requirements; to provide for motions; to provide for orders and the continuation and termination thereof; to provide for other matters relative to the prevention of family violence; to provide that a defendant shall be entitled to a trial by jury within 90 days; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, is amended by striking Code Section 19-13-4, relating to granting of protective orders and approval of consent agreements, and inserting in lieu thereof a new Code Section 19-13-4 to read as follows:
"19-13-4. (a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family vio lence. The orders or agreements may:
(1) Direct a party to refrain from such acts;
(2) Grant to a spouse possession of the residence or household of the parties and ex clude the other spouse from the residence or household;
(3) Require a party to provide suitable alternate housing for a spouse and his or her children;
(4) Award temporary custody of minor children and establish temporary visitation rights;
(5) Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;
(6) Order either party to make payments for the support of a minor child as required by law;
(7) Order either party to make payments for the support of a spouse as required by law;
(8) Provide for possession of personal property of the parties;
(9) Order a party to refrain from harassing or interfering with the other;
(10) Award costs and attorney's fees to either party; and
(11) Order either or all parties to receive appropriate psychiatric or psychological ser vices as a further measure to prevent the recurrence of family violence.
(b) (1) Upon a special written finding of fact based upon competent evidence that the defendant has engaged or is engaging in violent behavior or is threatening or has threatened violence to his or her spouse or any member of his or her family, that, based upon its con sideration of these facts, the court finds that the spouse or family is actually or potentially threatened with violent injury, and that it is in the best interest of the spouse or family or defendant to remand the defendant into custody, the court may order the defendant to be immediately remanded into the custody of the appropriate authorities until such time as the court finds that the defendant is no longer an actual or potential threat to the spouse or family or to himself or herself. Upon a written finding of fact that it is necessary or appro-

MONDAY, FEBRUARY 5, 1990

707

priate to do so, the court may also order the defendant to submit to or undergo an appropri ate psychiatric or psychological evaluation through a proper facility. Such facility may in clude, but shall not be limited to, a state mental health facility. The results of such examinations or evaluations shall be reported directly to the court and shall be considered at any further hearing on the matter as a means of assisting the court in its decision making process.
(2) In addition to any other hearing or notice of a hearing provided by law, any defend ant who is held under this subsection or who is ordered to submit to or undergo a psychiat ric or psychological evaluation under this Code section shall, upon the defendant's own mo tion, be entitled to an additional hearing within five days if a sworn affidavit of a qualified medical, psychiatric, or psychological professional is attached to such motion stating that the defendant is no longer a present or potential threat to either the spouse or family or to himself or herself. Such professional shall be present at such hearing to state, under oath, the factual basis for his or her opinion. At the hearing upon such motion, the court shall continue, rescind, or otherwise act upon its original order.
(c) Any defendant under this Code section shall be entitled to a trial by jury within 90 days.
(d) A copy of the order shall be issued by the clerk of the superior court to the sheriff or other appropriate law enforcement agency of the county wherein the order was entered and shall be retained by the sheriff or other appropriate law enforcement agency as long as that order shall remain in effect.
(e) Any such orders granted under this Code section shall not remain in effect for more than six months, except that those orders issued under subsection (b) of this Code section shall remain in effect until further order of the court as provided in this Code section.
(f) The court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement officer or official to enforce or carry out such order."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan

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 Starr Tate Taylor Turner Tysinger

708

JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Coleman Kennedy (presiding)

Scott of 2nd Shumake Stumbaugh

Timmons 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.

Senator Huggins of the 53rd moved that Senator Brannon of the 51st be excused from the Senate today due to a death in the family.

On the motion, the yeas were 43, nays 0; the motion prevailed, and Senator Brannon of the 51st was excused from the Senate today.

Senator Scott of the 2nd introduced the doctor of the day, Dr. Robert S. Balsley, of Savannah, Georgia.

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

SB 574. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to continue the Georgia Auctioneers Commission but provide for the later termination of the commission and the repeal of the laws relating thereto; to provide an effective date.

The Senate Committee on Agriculture offered the following substitute to SB 574:

A BILL
To be entitled an Act to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change certain definitions; to provide that no member of the Georgia Auctioneers Commission may serve more than two consecutive terms; to repeal Code Section 43-6-5 of the Official Code of Georgia Annotated, relating to certain reports; to amend provisions relating to exemptions from such chapter; to change the termination date of such commission; to provide for related matters; 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 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by striking in its entirety Code Section 43-6-1, relating to defini tions applicable to auctioners, and inserting in lieu thereof a new Code Section 43-6-1 to read as follows:
"43-6-1. As used in this chapter, the term:
(1) 'Apprentice auctioneer' means any person who for compensation or valuable consid eration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage 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 whew 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, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same

MONDAY, FEBRUARY 5, 1990

709

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.
(3) 'Auctioneer' means any person who, 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 attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal prop erty, or any other commodity which lawfully may be kept or offered for sale and has been duly licensed, as provided in this chapter.
(4) 'Commission' means the Georgia Auctioneers Commission.
(5) 'Company' means an association, partnership, corporation, or sole proprietorship and shall also include the officers, directors, and employees of such entities.
(6) 'Goods' means any chattel, goods, merchandise, real or personal property, or com modities of any form or type which lawfully may be kept or offered for sale.
(7) 'Person or persons' means an individual."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-63, relating to the filling of vacancies on the Georgia Auctioneers Commission, and inserting in lieu thereof a new Code Section 43-6-3 to read as follows:
"43-6-3. (a) Members of the commission shall serve until their successors are appointed and qualified. No member of the commission may serve more than two consecutive terms. Vacancies on the commission shall be filled by appointment of the Governor.
(b) The commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry this chapter into effect and, from time to time, may promulgate necessary rules and regulations to carry out this chapter.
(c) The commission shall meet as necessary and shall remain in session as long as the chairman deems it necessary to give full consideration to the business before the commission."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-65, relating to certain reports, and inserting in lieu thereof the following:
"43-6-5. Reserved."
Section 4. Said chapter is further amended by striking in its entirety Code Section 43-624, relating to exceptions to such chapter, and inserting in lieu thereof a new Code Section 43-6-24 to read as follows:
"43-6-24. Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, guardian, administrator, or executor, or any such person acting under order of any court, nor to attorneys at law licensed by this state; nor shall this chapter apply to a trustee acting under a trust agreement, deed of trust, or will; nor shall this chapter apply to sales at auction conducted by or under the direction of any public authority or state or governmental agency, or pursuant to any judicial order or decree, provided that such auction is conducted by an officer or full-time employee of said public authority or state or governmental agency. This chapter shall not apply to any sale at auction if the proceeds of such sale are to be used exclusively for charitable purposes. This chapter shall not apply to any person who is acting as an auctioneer in the auction of his own property, either personal or real, provided that such property is the personal or real property of said person and has not been purchased with the intent of auctioning for a profit. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101."

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Section 5. Said chapter is further amended by striking in its entirety Code Section 43-626, relating to a termination date, and inserting in lieu thereof a new Code Section 43-6-26 to read as follows:
"43-6-26. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Auc tioneers Commission shall be terminated on July 1, 1996, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 6. 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 English of the 21st offered the following amendment:

Amend the substitute to SB 574 offered by the Senate Committee on Agriculture by striking from page 1, line 16 the word "auctioners", and inserting in lieu thereof the word "auctioneers".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 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 follow:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes Broun B,,.urton Coleman Collins Dawkins
Deal Dean Echols Egan English

Engram Fincher Foster Fuller
Gillis Hammill Huarris j JohTon Kidd Land
Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th
Ragan of 32nd j^ SQco.t.t off 02ndj Jott of 36th tarr , Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Brannon (excused) Edge

Garner Huggins Kennedy (presiding)

McKenzie Shumake Walker

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

MONDAY, FEBRUARY 5, 1990

711

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 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chap ter; to provide for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to provide qual ifications for persons operating billiard rooms.
The House substitute to SB 291 was as follows:
A BILL
To be entitled an Act to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to repeal and revise completely and reenact said chapter; to provide for definitions; to provide that local governing authori ties shall have the power to license, regulate, and tax billiard rooms subject to certain limi tations and requirements; to provide conditions for the regulation of billiard rooms by local governments; to provide conditions relative to license fees and business taxes; to provide conditions relative to hours of operation; to provide conditions relative to the sale of alco holic beverages on the premises of billiard rooms or places operated in connection therewith; to provide that local governments may not prohibit billiard rooms or the playing of billiards at places where alcoholic beverages are not sold; to provide conditions for the revocation of licenses for the operation of billiard rooms or for restraints on the operation of billiard rooms; to provide that the chapter shall not apply to billiard rooms or billiard tables oper ated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or bona fide clubs; to provide for the continued effectiveness of local ordinances which are not in conflict with the revised chapter; to provide for other matters relative to the foregoing; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, is amended by striking said chapter, which reads as follows:
"CHAPTER 8
43-8-1. As used in this chapter, the term:
(1) 'Billiard room' means any public place where a person is permitted to play the game of billiards and for which a charge is made for use of equipment.
(2) 'Billiards' means any of the several games played on a table surrounded by an elas tic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as 'carom billiards,' 'pocket billiards,' and 'English billiards.'
43-8-2. The governing authority of each county in this state shall have the power to license the operation of billiard rooms in such county. The governing bodies of municipal corporations shall have the power to license and regulate by ordinance the operation of billiard rooms within their corporate limits.
43-8-3. No license to operate a billiard room shall be issued to any person who is not 21 years of age and a citizen of the United States or who has been convicted of a felony. Appli cation for a license to operate a billiard room shall be first made to the governing authority of the county in which the applicant proposes to conduct such business in the form provided in this chapter; and no license shall be issued by any municipal corporation to any person to engage in such business until after such person has made application to and has been

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granted a license by the governing authority of the county in which such municipal corpora tion is located.
43-8-4. Before any person shall be authorized to conduct a billiard room in any munici pal corporation, that person must, in addition to complying with this chapter, make applica tion to the clerk of such municipal corporation for a license; and the application shall certify that application has been made and a license granted to such applicant by the governing authority of the county.
43-8-5. (a) Every application for a license shall be accompanied by the affidavit of the applicant, sworn to be fore an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convicted of a felony; that he will not permit vagrants or persons under the influence of intoxicating liquors to enter or play in his place; that the applicant will have personal charge and management of the busi ness; that he will not permit gambling nor permit the billiard tables to be used in any man ner other than as provided by law.
(b) There shall also be filed with the application a bond in the penal sum of $500.00 payable to the state and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal and either a surety company or two individuals as securities, which bond shall be approved by the governing authority of the county and filed in his office.
(c) When the application and bond have been filed and approved, the governing author ity of the county shall issue a license for the current year or unexpired portion thereof upon the payment of the license fees provided by law.
(d) If any licensee shall voluntarily relinquish personal supervision, management, and control of such billiard room, he shall surrender his license to the governing authority of the county, who may issue a new license to some other person to continue the business under this chapter, in which event credit shall be given for the unused portion of the surrendered license; but, if any licensee transfers or subleases the place of business to anyone or relin quishes management and control of the business without surrendering his license to the governing authority of the county for reissuance, the license shall be deemed to be forfeited, and the governing authority of the county must notify the sheriff of the county, who shall close the place of business.
43-8-6. The governing body of any municipal corporation where billiard rooms are oper ated may fix a license fee for the operation of such billiard rooms and shall make such additional regulations governing their operation as the governing body may deem proper, provided that no municipal corporation shall have power to license or authorize the doing of any act prohibited by this chapter.
43-8-7. All public billiard rooms shall be kept in a clean, sanitary condition and shall comply with all sanitary rules and regulations of the Board of Human Resources and of the county board of health or municipal department of health having jurisdiction.
43-8-8. No person who operates a billiard room shall permit any screens, curtains, blinds, partitions, or other obstructions to be used to prevent a clear view of the interior, which clear view must be maintained at all times. No partitions forming rooms, stalls, or other enclosures shall be permitted. However, this Code section shall not be construed to prohibit the maintenance of washrooms and toilet rooms for proper purposes nor the main tenance of closets for storage purposes exclusively.
43-8-9. It shall be unlawful for any person to operate a billiard room between the hours of 12:00 Midnight and 6:00 A.M. or to permit any person to remain in such billiard room between such prohibited hours, except regular employees performing necessary labor on the premises.
43-8-10. (a) It shall be unlawful for any person under the age of 18 years to play bil liards in, or for any other purpose to enter or remain in, a billiard room in which beer, wine, or alcoholic beverages are offered for sale. This subsection shall not apply to persons under

MONDAY, FEBRUARY 5, 1990

713

18 years of age who are accompanied by a parent or guardian or who possess a written permit from a parent or guardian, which permit is witnessed by a notary public with seal.
(b) In the event that the proprietor of a billiard room is of the opinion that any person desiring admission thereto is under the age of 18 years, he shall require such person to certify his age in writing or to produce a legal permit.
43-8-11. Every licensee under this chapter shall post in the room where billiard tables are operated a placard with the language of Code Section 43-8-10 conspicuously written thereon for the information of his patrons.
43-8-12. No dice, cards, dominoes, or other games of chance shall be permitted, nor any form of gambling allowed, in any billiard room or in any other business place operated in connection therewith; and such games as Kelly pool, keno, pigeon pool, Parker pool, star pool, scrub, and similar gambling devices are prohibited. No racing or other betting pool shall be exhibited or sold in such place of business. The use of baseball tickers and the posting of results of sporting events is expressly prohibited in billiard rooms or in any place operated in connection therewith. No alcoholic beverages shall be sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection there with, except that this prohibition shall not apply if such premises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
43-8-13. It shall be unlawful for any billiard room to maintain connections with any place where gambling is conducted or where persons congregate for the consumption of alco holic beverages or for immoral purposes. It shall be unlawful for any licensee to display or use the word 'pool' in or on any window, sign, building, stationery, or advertising matter used in connection with such place of business.
43-8-14. It shall be the duty of the sheriff, police, or other constituted authorities to inspect all public billiard rooms in the county for the purpose of ascertaining whether or not the provisions of this chapter are being observed; and it shall be his and their duty to report all violations promptly to the appropriate prosecuting attorney of the county and furnish him with such information and assistance as is necessary for the prosecution of such violations.
43-8-15. This chapter shall not be construed as authorizing the issuance of billiard room licenses by city officials or county governing authorities for the operation of public billiard rooms in any municipal corporation where the operation of a public billiard room is prohib ited by local ordinance.
43-8-16. This chapter shall not apply in counties or municipalities having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census if the governing body of any such county or municipality, by appropriate local ordinance or resolution, provides that this chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein.
43-8-17. This chapter shall not apply to billiard tables or billiard rooms operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county or city institutions, fraternal orders, or bona fide clubs using such tables for members or employees only.
43-8-18. (a) Every person, firm, or corporation operating a billiard room within a munic ipality without having applied for a license, as provided for in Code Sections 43-8-3 through 43-8-5, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than $25.00 nor more than $50.00; and each day that the billiard room is oper ated without a license shall be a separate offense.
(b) Any person who has not reached the age of 18 who remains in a billiard room with out a permit or without being accompanied by a parent or guardian in accordance with Code Section 43-8-10, or who makes a false certificate as to his age, or who uses a forged permit

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shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $10.00, nor more than $25.00.
(c) Any licensees who shall knowingly violate this chapter shall be guilty of a misde meanor. Each violation thereof shall constitute a separate offense and shall be punishable as such.",
in its entirety and substituting in lieu thereof a new Chapter 8 of Title 43 to read as follows:
"CHAPTER 8
43-8-1. As used in this chapter, the term:
(1) 'Area of operation' means the unincorporated area of the county in the case of coun ties and the territory located within the corporate limits of the municipality in the case of municipalities.
(2) 'Billiard room' means any public place where a person is permitted to play the game of billiards and for which a charge is made for use of equipment.
(3) 'Billiards' means any of the several games played on a table surrounded by an elas tic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as 'carom billiards,' 'pocket billiards,' and 'English billiards.'
(4) 'Governing authority' means the official or group or body of officials of a county or municipality authorized to exercise the legislative powers of the county or municipality.
(5) 'Local government' means any county or municipality of this state.
43-8-2. (a) Subject to the authorizations and limitations of this Code section, the gov erning authority of each local government in this state shall have the power by ordinance or resolution to license, regulate, and tax billiard rooms within its respective area of operation.
(b) If ordinances or resolutions of local governments regulating billiard rooms are adopted, such ordinances or resolutions shall be subject to the following conditions:
(1) A license fee shall be consistent with the cost of regulation of billiard rooms and business taxes assessed upon billiard rooms shall be established on the same basis as such taxes are imposed for similar types of businesses; provided a license fee may be impsed on a billiard room which is operated as part of another business or activity licensed by a local government;
(2) An ordinance or resolution which prohibits the operation of billiard rooms during specified hours shall not apply to a business which includes a billiard room if the billiard room is not operated during the prohibited hours; provided, however, no ordinance or reso lution controlling the hours of operation of billiard rooms shall prohibit their operation from 6:00 A.M. until 12:00 Midnight;
(3) Any ordinance or resolution which prohibits alcoholic beverages from being sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith shall not apply if such premises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross revenues from the sale of products or services other than alcoholic beverages; provided, however, that if alcoholic beverages are sold by the drink for consumption on the premises of a billiard room, the governing authority of a local government may prohibit the sale, serving, or use of alcoholic beverages therein unless the establishment derives at least 75 percent of its revenue from the sale of products or services other than alcoholic bever ages; and
(4) No local government may prohibit billiard rooms or the playing of billiards in any business which neither sells alcoholic beverages for consumption on the premises nor en gages in package sales of such beverages nor allows alcoholic beverages to be consumed on the premises.
(c) Notwithstanding anything in this statute to the contrary, municipal corporations

MONDAY, FEBRUARY 5, 1990

715

and counties may impose reasonable regulations, suspension and revocation of licsenes under the same standards that are applicable to other businesses licensed by the municipal ity or county.
43-8-3. This chapter shall not apply to billiard tables or billiard rooms operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or bona fide clubs using such tables for members or employees only."
Section 2. Unless specifically prohibited by the provisions of Chapter 8 of Title 43 as revised, reenacted, and set forth in Section 1 of this Act, existing regulations imposed upon billiard rooms by local ordinances or resolutions in existence on the effective date of this Act shall remain in effect.
Section 3. 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 SB 291.

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
* roun CC,loalyeman Collins Dawkins
Dean Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill Harris
Hward
JKoihdndson Land Langford
McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32na Rav
Scott of 2nd g,,f,coutmt aok.fe tarr u Stumbaugn
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Brannon (excused) Deal

Egan Garner

Kennedy (presiding) Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 291.

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

SB 598. By Senators Parker of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Barker Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram

Foster Fuller Garner Gillis Hammill Harris Howard 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 Taylor Turner Tysinger

Those not voting were Senators:

Allgood Barnes Bowen Brannon (excused)

Coleman Fincher Huggins Kennedy (presiding)

Peevy Tate Timmons Walker

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

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

SB 633. By Senators Shumake of the 39th and Kidd of the 25th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to require school attendance as a condition of eligibility for assistance; to provide for the release of school attendance records.

The Senate Committee on Governmental Operations offered the following substitute to SB 633:

A BILL
To be entitled an Act to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to require school attendance as a condition of eligibility for assistance; to provide for the release of school enrollment and attendance records; to provide for a report of school enrollment and attendance records to the county department of family and children services; to provide for notification; to provide for a hearing under certain conditions; to provide for reinstatement of assistance under certain conditions; to provide that the Department of Human Resources shall request a federal waiver; 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 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated,

MONDAY, FEBRUARY 5, 1990

717

relating to aid to families with dependent children, is amended by adding at the end thereof a new Code section, to be designated Code Section 49-4-110, to read as follows:
"49-4-110. (a) A dependent child who is a recipient of assistance under this article shall attend public school or private school or a home study program as a condition of eligibility for assistance under this article if all of the following apply:
(1) The child is six to 18 years of age;
(2) The child has not been graduated from a public or private high school or home study program or obtained a general educational development equivalency diploma from a state approved institution or organization;
(3) The child is not excused from attending school for reasons of disability, illness, or pregnancy;
(4) The child is not excused from attending school due to circumstances beyond his or her control; and
(5) The child is not required to work in order to support a minor child.
(b) The department may require consent to the release of school enrollment and at tendance records as a condition of eligibility for assistance under this article.
(c) The school superintendent of each school system shall be authorized to provide doc umentation of enrollment status and attendance records of a dependent child upon the re quest of the county department of the county in which a dependent child resides. The school superintendent may designate one or more school officials to carry out the provisions of this subsection. The school superintendent shall provide any child with documentation to present to the county department to excuse such child pursuant to the provisions of para graph (3) or (4) of subsection (a) of this Code section.
(d) (1) Notwithstanding any other provisions of law to the contrary, a county depart ment shall deny assistance under this article paid to or on behalf of any child who has withdrawn either voluntarily or involuntarily from public or private school or a home study program, except as otherwise provided in subparagraph (d)(3)(A).
(2) For the purposes of this Code section, withdrawal from school means more than ten consecutive days or 15 days total unexcused absences during a single semester. For the pur poses of this Code section, suspension or expulsion from a school or imprisonment in a jail or a penitentiary is not a circumstance beyond the control of such child.
(3) (A) Whenever the withdrawal of a child from a school is beyond the control of such child or is for the purpose of transfer to another school or to a home study program as confirmed in writing by the child's parent or a relative with whom the child resides, no such denial of assistance shall be initiated. The school superintendent shall consult with other school personnel concerning any withdrawal from school, and their decision shall be the sole determination of whether such withdrawal is due to circumstances beyond the control of such child.
(B) A child in a valid home study program pursuant to Code Section 20-2-690 shall be considered enrolled in school.
(e) Whenever a child between six and 18 years of age withdraws from a school, except as provided in subparagraph (d)(3)(A) of this Code section, the school superintendent shall notify the county department of such withdrawal. The school superintendent may designate one or more school officials to carry out the provisions of this subsection. Notwithstanding the provisions of paragraph (5) of subsection (b) of Code Section 20-2-690, a school superin tendent shall notify the county department when a child who is within the jurisdiction of the school superintendent withdraws from a private school; provided, however, that such notification shall not be made until the school superintendent contacts a parent or relative of such child to ascertain the status of such child. Within five days of receipt of such notice, the county department shall send notice by certified mail, return receipt requested, to the parent or a relative with whom the child resides that assistance paid to or on behalf of such

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child shall be terminated pursuant to subsection (a) of this Code section on the thirtieth day following the date the notice was sent unless documentation of compliance with the provi sions of this Code section is received by the county department before such time. The per son so notified may request in writing a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing the department shall sustain its order of denial of assistance or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived, and assistance under this article shall be denied.
(f) Assistance denied to or on behalf of a dependent child pursuant to this Code section shall be reinstated upon presentation to the county department of documented proof of compliance with the provisions of this Code section.
(g) If there is more than one dependent child in the family receiving assistance under this article, only the assistance paid to or on behalf of the child failing to meet the school enrollment and attendance requirements of this Code section shall be denied and the needs of such child shall not be taken into account by the department in determining the needs of the family pursuant to this article.
(h) The department shall request a waiver from the secretary of the federal Department of Health and Human Services to permit the department to implement the school attend ance requirements of this Code section. The provisions of this Code section shall not apply unless the federal waiver is in effect. If a waiver is received, the department shall implement this Code section beginning with the fall 1990 school term or on the date the waiver is effective, whichever is later."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Parker of the 15th moved the previous question.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the previous ques tion was ordered.

On the adoption of the substitute, the yeas were 40, nays 3, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Barnes Clay Collins Deal Echols

Egan Gillis Land Perry Ragan of 10th

Ragan of 32nd Shumake Starr Taylor Turner

Those voting in the negative were Senators:

Albert Allgood Baldwin Barker Bowen Broun

Burton Coleman Dawkins Dean Edge Engram

Fincher Foster Fuller Garner Hammill Harris

MONDAY, FEBRUARY 5, 1990

719

Howard Huggins Johnson Kidd Langford McKenzie Newbill

Olmstead Parker Peevy Phillips Pollard Ray Scott of 2nd

Scott of 36th Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Brannon (excused)

English

Kennedy (presiding)

On the passage of the bill, the yeas were 15, nays 38.

The bill, having failed to receive the requisite constitutional majority, was lost.

SB 639. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing.

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 Dawkins Deal Dean Echols Edge Egan

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

Brannon (excused) Kennedy (presiding)

Langford Scott of 2nd

Shumake Timmons

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

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

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JOURNAL OF THE SENATE

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 289. By Senator Newbill of the 56th: A resolution creating the Senate Teacher Certification Study Committee.
The Senate Committee on Education offered the following substitute to SR 289:
A RESOLUTION
Creating the Senate Teacher Certification Study Committee; and for other purposes.
WHEREAS, the Department of Education handles approximately 70,000 requests for certification and evaluations annually; and
WHEREAS, there are approximately 80,000 certifiable positions in Georgia; and
WHEREAS, graduates of approved teacher education programs in colleges and institu tions in Georgia meet less than 50 percent of the annual demand for certifiable educators; and
WHEREAS, Georgia must recruit from out-of-state and must recruit persons who did not complete an approved teacher preparation program in order to meet the annual demand for educators; and
WHEREAS, there is national diversity in teacher preparation and certification pro grams and the State Board of Education has responded to these needs through modifica tions of certification for easy entry into teaching in Georgia; and
WHEREAS, environmental, technological, and social changes prescribe a review of cer tification criteria and processes.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Teacher Certification Study Committee to be composed of five members of the Sen ate to be appointed by the President of the Senate. The President of the Senate shall desig nate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than 10 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, 1990. The committee shall stand abol ished on December 1, 1990.
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:

MONDAY, FEBRUARY 5, 1990

721

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan

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

Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Deal Kennedy (presiding)

Langford Parker Shumake

Stumbaugh Timmons

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

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

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

SR 304. By Senators Broun of the 46th, Parker of the 15th and Land of the 16th:
A resolution providing for the Georgia 1992 Commission and its composition and organization, terms, vacancies, compensation and allowances, authority, powers, duties, and abolition.

The Senate Committee on Economic Development and Tourism offered the following amendment:

Amend SR 304 by striking "the the" on line 11 of page 1 and inserting "and the" in its place.

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

Senator Parker of the 15th offered the following amendment:

Amend SR 304 by striking from line 25, page 1: "Columbian contact", and inserting therefor the following: "voyage of Christopher Columbus". By striking from line 25, page 3: "Columbian"

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JOURNAL OF THE SENATE

and inserting therefor the following: "Christopher Columbus voyage" By striking from line 26, page 3: "encounter".

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 adoption of the resolution as amended, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen
B Bu'rTton CCloalylins
Dawkins Deal Echols Edge Egan Engram

Fincher Foster Fuller Garner Hammill Harris
HHuwggairnds JKoihdndson
Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 32nd j^av Scott of 2nd
Secott of 36th *Sttau"mbaugh,
rate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Coleman Dean

English Gillis Kennedy (presiding)

Langford Ragan of 10th Shumake

On the adoption of the resolution, the yeas were 47, nays 0.

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

SR 363. By Senators Scott of the 2nd, Kidd of the 25th, Olmstead of the 26th and others:
A resolution creating the Joint Legislative Study Committee on Efficiency in State Government and providing for the powers and duties of such committee.

Senators Collins of the 17th, Phillips of the 9th, Land of the 16th and others offered the following amendment:

Amend SR 363 by striking lines 13 through 17 of page 2 and inserting:
"Study Committee on Efficiency in State Government. The committee shall consist of seven members of the Senate, of whom at least two shall be members of the Republican Caucus of the Senate, appointed by the President of the Senate and seven members of the House of Representatives, of whom at least two shall be members of the Republican Caucus

MONDAY, FEBRUARY 5, 1990

723

of the House of Represenatives, appointed by the Speaker of the House of Representatives. In addition, the Governor".

On the adoption of the amendment, Senator Phillips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Foster
Fuller Garner Hammill Harris Howard
Huggins Johnson
Kidd Land Langford Newbill Peevy

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

Those voting in the negative were Senators:

Engram McKenzie

Olmstead

Walker

Those not voting were Senators:

Brannon (excused) Fincher

Gillis Kennedy (presiding)

Parker Timmons

On the adoption of the amendment, the yeas were 46, nays 4, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins
Deal

Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill Harris
Howard

Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th
Ragan of 32nd

724

JOURNAL OF THE SENATE

Ray Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate Taylor

Turner Tysinger Walker

Those not voting were Senators:

Brannon (excused) Fincher

Kennedy (presiding) McKenzie

Parker Timmons

On the adoption of the resolution, the yeas were 50, nays 0.

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

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

Mr. President:

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

HB 1564. By Representatives Davis of the 29th, Clark of the 55th, Randall of the 101st, McKinney of the 35th, Thomas of the 31st and others:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to employ security personnel, to be known as housing authority police.

The following bill of the House was read the first time and referred to committee:

HB 1564. By Represntatives Davis of the 29th, Clark of the 55th, Randall of the 101st and others:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to employ security personnel, to be known as housing authority police.
Referred to Committee on Urban and County Affairs (General).

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

HB 1219. By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.
Senate Sponsor: Senator Land of the 16th.

The Senate Committee on Insurance offered the following substitute to HB 1219:

A BILL
To be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to

MONDAY, FEBRUARY 5, 1990

725

provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts; to provide for related matters; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, is amended by redesignating sub section (b) as subsection (c) and by inserting immediately following subsection (a) a new subsection (b) to read as follows:
"(b) If a contract of life insurance is issued as authorized in paragraph (1), (2), or (3) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with this subsection. At the time of the issuance or deliv ery of the contract of insurance, notice of the issuance of the policy shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the home, business, or other address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or obtain such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall not be required to provide the notice set forth in this subsection with respect to any appliction for credit life insurance; any insured who is older than the age of majority and who has signed or otherwise acknowledged the application in writing; any application for insurance covering the life of the minor; or any application for a contract of life insurance with a face amount of $50,000.00 or less."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Land of the 16th and Taylor of the 12th offered the following amendment:

Amend the substitute to HB 1219 offered by the Senate Committee on Insurance on page 2, line 11, by changing "$50,000.00" to "$10,000.00".

On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

Senator Johnson of the 47th offered the following amendment:

Amend the substitute to HB 1219 offered by the Senate Committee on Insurance by adding on line 6, page 2, after "life insurance;":
"any insured who is employed by a public corporation or a private corporation having not fewer than 100 employees;".

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

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes

Bowen Broun Burton Clay

Coleman Collins Dawkins Deal

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JOURNAL OF THE SENATE

Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris

Howard Huggins Johnson Kidd Land McKenzie Newbill Olms tead Parker Peevy Perry

Phillips Ragan of 10th Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker

Voting in the negative was Senator Pollard.

Those not voting were Senators:

Barker Brannon (excused) Gillis

Kennedy (presiding) Langford Ragan of 32nd

Ray Shumake Tysinger

On the passage of the bill, the yeas were 46, nays 1.

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

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:45 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand adjourned until 9:30 o'clock A.M. tomorrow.

TUESDAY, FEBRUARY 6, 1990

727

Senate Chamber, Atlanta, Georgia Tuesday, February 6, 1990
Twenty-first Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House and Senate:
HB 1648. By Representatives Mueller of the 126th, Hamilton of the 124th, Alien of the 127th, Kingston of the 125th and Dixon of the 128th: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide that the chairman of the Board of Commissioners of Chatham County shall not serve more than two consecutive terms.
HB 1649. By Representatives Mueller of the 126th, Hamilton of the 124th, Alien of the 127th, Kingston of the 125th and Dixon of the 128th: A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the Mayor shall not serve more than two consecutive terms.
HB 1417. By Representatives Kilgore of the 42nd, Godbee of the 110th and Birdsong of the 104th: A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the num ber of days for which per diem is allowed for members of the State Transporta tion Board.
HB 1377. By Representatives Parham of the 105th, Twiggs of the 4th, Atkins of the 21st and Parrish of the 109th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.
HB 1177. By Representative Barnett of the 10th: A bill to amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize the county board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the pur pose of collecting unpaid county school taxes.

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JOURNAL OF THE SENATE

HB 1350. By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond for feitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.
HB 1419. 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 provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal dep uty registrar; to provide for powers and duties.
HB 1442. By Representative Walker of the 115th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the "Georgia County Leadership Act".
HB 1443. By Representative Walker of the 115th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that the clerks of the county governing authority shall attend and complete a training seminar; to provide that the county governing authority shall pay the fees of the seminar.
SB 488. By Senator Foster of the 50th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for the observance of "Chil dren's Day" in Georgia; to provide an effective date.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 582. By Representatives Isakson of the 21st, Campbell of the 23rd, Felton of the 22nd, Murphy of the 18th, Barnett of the 59th and others:
A resolution designating the Luther S. Colbert Memorial Bridge.
HR 697. By Representative Poston of the 2nd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Graysville, Catoosa County, Georgia, and authorizing the granting of a nonexclusive easement over a portion of such property conveyed.
The House has agreed to the Senate amendments to the following bills of the House:
HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd, Porter of the 119th and Robinson of the 96th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons provid ing workers' compensation benefits.

TUESDAY, FEBRUARY 6, 1990

729

HB 10. By Representative Groover of the 99th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court.
HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st, Connell of the 87th, Oliver of the 53rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon require ments imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from out-of-state mail or der pharmacies.
The House has disagreed to the Senate amendments to the following bill of the House:
HB 1180. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 688. By Senator Shumake of the 39th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize a competent adult to appoint an agent to make health care decisions on behalf of such person; to provide a short title; to provide for legislative purpose; to provide definitions; to provide for limitations on health care agencies; to provide for revocation and amendment of health care agencies. Referred to Committee on Human Resources.
SB 689. By Senator Scott of the 36th:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to procedures and penalties for the purchasing of or possession of alco holic beverages by persons under 21 years of age, so as to provide for increased penalties for certain offenses. Referred to Committee on Consumer Affairs.
SB 690. By Senator Scott of the 36th:
A bill to amend Article 1 of Chapter 2 of Title 3 of the Official Code of Georgia Annotated, relating to the administration of alcoholic beverages by the commis sioner, so as to provide that it shall be unlawful to advertise alcoholic beverages by radio or billboards unless certain warnings are provided; to provide for penalties. Referred to Committee on Consumer Affairs.
SB 691. By Senator English of the 21st:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the requirement of annual licenses for the operation of warehouses under the "Georgia State Warehouse Act," so as to provide that only one license

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JOURNAL OF THE SENATE

shall be required for the operation of warehouses by warehousemen who operate two or more warehouses in adjoining counties. Referred to Committee on Agriculture.
SB 692. By Senators Walker of the 43rd and Tysinger of the 41st: A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for grants to local school sys tems which operate junior high school programs.
Referred to Committee on Education.
SR 401. By Senators Howard of the 42nd, Garner of the 30th, Huggins of the 53rd and others: A resolution urging the Department of Revenue to "ax the timber tax".
Referred to Committee on Banking and Finance.
SR 402. By Senators Peevy of the 48th and Deal of the 49th: A resolution creating the Commission on Criminal Sanctions and Correctional Facilities; to provide an effective date.
Referred to Committee on Corrections.
SR 403. By Senators Walker of the 43rd, Langford of the 35th, Kidd of the 25th and others: A resolution urging Congress to reject the proposed increase in social security taxes for certain state and local government employees.
Referred to Committee on Banking and Finance.
SR 404. By Senator Dawkins of the 45th: A resolution creating the Senate Public School Child Care Study Committee.
Referred to Committee on Rules.
SR 408. By Senator Tate of the 38th: A resolution creating the Senate Study Committee on Noncertificated School Personnel.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1177. By Representative Barnett of the 10th: A bill to amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize the county board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the pur pose of collecting unpaid county school taxes.
Referred to Committee on Banking and Finance.
HB 1350. By Representative Randall of the 101st: A bill to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond for-

TUESDAY, FEBRUARY 6, 1990

731

feitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.
Referred to Committee on Special Judiciary.
HB 1377. By Representatives Parham of the 105th, Twiggs of the 4th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.
Referred to Committee on Human Resources.
HB 1417. By Representatives Kilgore of the 42nd, Godbee of the 110th and Birdsong of the 104th:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the num ber of days for which per diem is allowed for members of the State Transporta tion Board.
Referred to Committee on Transportation.
HB 1419. 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 provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal dep uty registrar; to provide for powers and duties.
Referred to Committee on Governmental Operations.
HB 1442. By Representative Walker of the 115th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the "Georgia County Leadership Act".
Referred to Committee on Governmental Operations.
HB 1443. By Representative Walker of the 115th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that the clerks of the county governing authority shall attend and complete a training seminar; to provide that the county governing authority shall pay the fees of the seminar.
Referred to Committee on Governmental Operations.
HB 1648. By Representatives Mueller of the 126th, Hamilton of the 124th, Alien of the 127th and others:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide that the Chairman of the Board of Commissioners of Chatham County shall not serve more than two consecutive terms.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1649. By Representatives Mueller of the 126th, Hamilton of the 124th, Alien of the 127th and others: A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the Mayor shall not serve more than two consecutive terms.
Referred to Committee on Urhan and County Affairs.
HR 582. By Representatives Isakson of the 21st, Campbell of the 23rd, Felton of the 22nd and others:
A resolution designating the Luther S. Colbert Memorial Bridge. Referred to Committee on Transportation.
HR 697. By Representative Poston of the 2nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Graysville, Catoosa County, Georgia, and authorizing the granting of a nonexclusive easement over a portion of such property conveyed.
Referred to Committee on Public Utilities.
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 bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 660. Do pass. SR 386. Do pass. SR 387. 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 Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 558. Do pass. SB 622. Do pass as amended. SB 661. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations 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 654. Do pass. SB 669. Do pass. SB 678. Do pass.

HB 1167. Do pass. HB 1172. Do pass. HB 1470. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

TUESDAY, FEBRUARY 6, 1990

733

Mr. President:

The Committee on Higher Education 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 397. Do pass. HB 1231. Do pass. HB 1313. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 533. 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 bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 490. Do pass. SB 563. Do pass. SB 568. Do pass.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

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

SR 341. Do pass.

SR 384. Do pass.

SR 360. Do pass.

HB 876. Do pass by substitute.

SR 380. 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

734

JOURNAL OF THE SENATE

bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 590. SB 675. HB 1140.

Do pass. Do pass. Do pass.

HB 1464. Do pass. HB 1491. Do pass. HB 1524. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman

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

SB 502. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees.

SB 584. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th and others:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition.

SB 585. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th and others:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition.

SB 649. By Senator Scott of the 2nd:
A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to mortgages, conveyances to secure debt, and liens, so as to provide for the payment of interest on certain escrow accounts established in connection with conveyances of residential real property; to define certain terms; to provide for the computation of interest; to provide exceptions.

SB 650. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to provide for conditions with respect to the imposition of certain special assessments; to prohibit certain in creases regarding monthly maintenance fees; to provide for the holding of associ ation meetings upon written request of certain unit owners.

HB 1282. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article.

TUESDAY, FEBRUARY 6, 1990

735

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.
HB 1296. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Deal ers Registration Act," so as to continue the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers but provide for a later termination of the board and the repeal of the laws relating thereto.
The President called for the morning roll call, and the following Senators answered to their names:

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

Egan English Fincher Foster Fuller Garner Gillis Harris Huggins Johnson Kennedy Kidd Newbill Olmstead

Those not answering were Senators:

Parker Peevy Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker

Barnes
^run Collms Engram Hammill

Howard
Land Langford McKenzie Perry

Ragan of 10th Shumake
Starr Taylor

Senator Edge of the 28th introduced the chaplain of the day, Dr. Harry H. Barrow, pastor of Newnan Presbyterian Church, Newnan, Georgia, who offered scripture reading and prayer.

Senator Egan of the 40th introduced His Honor, Maynard Jackson, Mayor of the City of Atlanta, who briefly addressed the Senate.

Senator Deal of the 49th introduced the doctor of the day, Dr. William Jones, of Gainesville, Georgia.

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The following resolutions of the Senate were read and adopted:
SR 405. By Senators Collins of the 17th and Starr of the 44th:
A resolution recognizing and commending Pointe South Junior High School.
SR 406. By Senator Collins of the 17th:
A resolution recognizing and commending Locust Grove Elementary School.
SR 407. By Senators Collins of the 17th, Gillis of the 20th and English of the 21st:
A resolution commending and recognizing Project Learning Tree.
SR 409. By Senators Taylor of the 12th, Kennedy of the 4th, Turner of the 8th and Starr of the 44th:
A resolution recognizing and endorsing the Georgia Recreation and Parks Association.
Senator Deal of the 49th moved that the following bill of the House be withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Judiciary:
HB 1360. By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reor ganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uni form rules of the road.
On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1360 was with drawn from the Senate Committee on Public Safety and committed to the Senate Commit tee on Judiciary.
Senator Deal of the 49th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Children and Youth:
HB 1320. By Representatives Oliver of the 53rd, Smyre of the 92nd, Baker of the 51st and others:
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 revise the provisions relating to the removal of a child from that child's home; to provide that the Division of Family and Children Services of the Department of Human Resources shall sub mit a case plan for the reunification of the child and his or her family.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1320 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Children and Youth.
Senator Deal of the 49th moved that the following bill of the House be withdrawn from

TUESDAY, FEBRUARY 6, 1990

737

the Senate Committee on Judiciary and committed to the Senate Committee on Children and Youth:
HB 1321. By Representatives Oliver of the 53rd, Baker of the 51st, Simpson of the 70th and others:
A bill to amend Code Section 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, so as to provide that in all cases involving deprivation, or in criminal cases involving child molestation, the child involved shall be competent to testify.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1321 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Children and Youth.
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
Tuesday, February 6, 1990
TWENTY-FIRST LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 590 Walker, 43rd Burton, 5th Tysinger, 41st Howard, 42nd Stumbaugh, 55th DeKalb County
Provides for a code of ethics for the members of the governing authority of DeKalb County.
SB 675 Echols, 6th Pierce County
Changes the compensation of the judge and solicitor of the state court of Pierce County.
HB 1140 Barker, 18th Houston County
Authorizes the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Hous ton County.
HB 1464 Walker, 43rd Burton, 5th Stumbaugh, 55th Howard, 42nd Tysinger, 41st DeKalb County
Provides for the appointment of county surveyor of DeKalb County by the county governing authority.

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HB 1524 Fuller, 52nd Bartow County City of Kingston
Provides a new charter for the City of Kingston.

HB 1491 Parker, 15th Land, 16th Muscogee County City of Columbus
Changes the compensation of the judge, the clerk, and the marshal of the Municipal Court of Columbus.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge English

Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd McKenzie Newbill Olmstead Parker

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

Those not voting were Senators:

Bowen Dean Egan

Fuller Land Langford

Scott of 2nd Shumake Starr

On the passage of all the local bills, the yeas were 47, nays 0.

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

SENATE RULES CALENDAR
Tuesday, February 6, 1990 TWENTY-FIRST LEGISLATIVE DAY SB 499 Drug Use Course--local boards of education prescribe (Judy--14th) SB 554 City/County Municipal Bonds--expenditure (U&CA G--25th) SB 591 State-wide Dual Party Telephone Relay System--physically impaired (Substi tute) (Pub U--2nd)

TUESDAY, FEBRUARY 6, 1990

739

SB 600 Public Officer--subject to indictment when charged with certain acts (Amend ment) (U&CA G--24th)
SB 630 Certain Domestic Relations Actions--seminar for parents (Substitute) (C&Y--37th)
SB 638 Juvenile in Youth Development Center Committing Murder, Etc.--court of juris diction (Substitute) (C&Y--25th)
SR 217 Medicaid Program--urge Medical Assistance Board take certain action (Hum R--52nd)
SR 334 Youth Groups Teaching Citizenship--relating to (C&Y--25th) HB 44 Peace Officers' Annuity Fund--retirement, disability benefits (Ret--llth)
HB 436 Employees' Retirement--certain officials of judicial branch (Ret--52nd) HB 761 Employees' Retirement--determination of average final compensation
(Ret--llth) HB 964 Teachers Retirement--reestablishing creditable service (Ret--24th) HB 1094 Merit System--regulate interdepartmental transfers (Gov Op--25th) HB 1105 Emerging Crops Fund Act--enact (Ag--21st) HB 1131 Registrars and Chief Registrars--monthly, per diem compensation (Gov
Op--25th)
HB 1154 Gambling--entry of judgment by default, no defense filed (Gov Op--15th) HB 1207 Cities, Counties--entering multiyear installment purchase contracts (U&CA
G--49th)
HB 1220 Council of Superior Court Clerks of Georgia--create (Gov Op--49th) HB 1250 Georgia Registered Professional Nurse Practice Act--enact (Hum R--42nd) HB 1273 Elections--correct errors in Title 21 (Judy--49th)
HB 1277 Liability When Donating Canned Food to Charity--editorial changes (Judy--49th)
HB 1278 Official Code of Georgia--correct errors, omissions (Amendment) (Judy--49th) HB 1361 Business Corporation Code--change certain definitions (Judy--47th) HB 1374 Agricultural Exposition Authority--member compensation (Ag--20th) HR 466 Emerging Crops Loan Fund--provide (Ag--21st) HR 624 EBDC Fungicides, Benomyl--urge U.S. Environmental Protection Agency allow
continued use (Substitute) (Ag--21st) HR 638 Department of Community Affairs--ratifying minimum standards, procedures
(U&CA G--14th) SB 519 Hazardous Waste Reduction Plans--generators prepare (Substitute) (Amend
ment) (I&L--28th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 499. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary

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JOURNAL OF THE SENATE

and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use.

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 Dean Echols Edge Egan

English Engrain Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd 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:

Deal Fuller

Land Langford

Shumake

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

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

SB 554. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds of counties, municipal corporations, and other governmental entities, so as to provide for the expendi ture of bond funds for purposes other than that stated in the public bond notice; to provide for related matters; to provide for an effective date.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Broun Coleman

Dawkins Deal Dean Echols English Fincher

Foster Fuller Garner Gillis Hammill Harris

TUESDAY, FEBRUARY 6, 1990

741

Howard Huggins Johnson Kennedy Kidd Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ray

Scott of 2nd Scott of 36th Shumake Taylor Turner Walker

Those voting in the negative were Senators:

Barnes Burton Clay

Collins Engram Newbill

Phillips Ragan of 32nd Tate

Those not voting were Senators:

Barker Bowen
Edge Egan

Land Langford
McKenzie Starr

Stumbaugh Timmons Tysinger

On the passage of the bill, the yeas were 36, nays 9.

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

Senator Newbill of the 56th gave notice that, at the proper time, she would move that the Senate reconsider its action in passing SB 554.

SB 591. By Senators Scott of the 2nd, Howard of the 42nd, Allgood of the 22nd and others:
A bill to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide dual party telephone relay system; to pro vide for legislative findings and declarations.

The Senate Committee on Public Utilities offered the following substitute to SB 591:

A BILL
To be entitled an Act to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the hearing or speech impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide dual party telephone relay system; to provide for leg islative findings and declarations; to provide for maintenance surcharges; to provide for du ties, powers, and authority of the Public Service Commission with respect to the foregoing; to provide for confidentiality and the protection of privacy; to provide for contracts and carrier selection; to provide for operation not later than July 1, 1991; to provide for certain immunity; to provide for conditions of liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, is amended by striking Code Section 46-5-30, relating to a state-wide dual party telephone relay system feasibility study, which reads as follows:
"46-5-30. The commission shall undertake a study of the feasibility of establishing, ad ministering, and promoting a state-wide dual party telephone relay system to provide basic

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telecommunication services to all citizens of this state who, because of physical impair ments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. Such study shall include a thorough and complete analysis of the state-wide need for such a system as well as the projected cost of establishing, administering, and pro moting such system. Such report shall be provided to the General Assembly not later than December 1, 1989.",
and inserting in its place a new Code Section 46-5-30 to read as follows:
"46-5-30. (a) The General Assembly finds and declares that it is in the public interest to provide basic telecommunication services to all citizens of this state who, because of hearing or speech impairments cannot otherwise communicate over the telephone.
(b) The commission shall establish, implement, administer, and promote a state-wide dual party relay service and contract for the administration and operation of such relay service.
(c) The commission shall require all local exchange telephone companies in this state regulated by the commission to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, 'exchange access facility' means the access from a particular telephone subscriber's premise to the telephone system of a local exchange telephone company. 'Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20$ per month. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay service. The local exchange companies shall collect the surcharge from their customers and transfer the monies collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service and shall not be used for the distribution of telecommunica tion devices for the deaf or similar such devices or be imposed, collected, or expended for any other purpose.
(d) The dual party relay system shall protect the privacy of persons to whom relay services are provided and shall require all operators to maintain the confidentiality of all telephone messages. The confidentiality and privacy of persons to whom relay services are provided will be protected by means of the following:
(1) The relay center shall not maintain any form of permanent copies of messages re layed by their operators or allow the content of telephone messages to be communicated to, or accessible to, nonstaff members;
(2) Persons using the relay services shall not be required to provide any identifying information until the party they are calling is on the line, and shall only be required to identify themselves to the extent necessary to fulfill the purpose of their call;
(3) Relay operators shall not leave messages with third parties unless instructed to do so by the person making the call;
(4) Relay operators shall not intentionally alter a relayed conversation; and
(5) Relay operators shall not refuse calls or limit the length of calls.
(e) The commission shall select the telecommunications carrier which will provide the relay system service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in having access to a high quality and technologically ad vanced telecommunication system, and all other factors listed in the commission's request for proposals.

TUESDAY, FEBRUARY 6, 1990

743

(f) The commission shall provide that the dual party telephone relay telephone system shall be operational no later than July 1, 1991.
(g) No provision of this Code section shall be construed to operate as an exception to the sovereign immunity of the state with respect to any claim against the state or any of its departments or agencies.
(h) The provider of the dual party relay system service and its employees shall be im mune from civil liability for any act or omission to act arising out of or resulting from the establishment, participation in, or operation of such service if such provider or employee was acting in good faith within the scope of their official actions and duties and unless the damage or injury was caused by intentional misconduct of such provider or employee."
Section 2. 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:

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

Egan English Engram Foster Fuller Gillis Harris Howard Huggins Johnson Kennedy Kidd 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

Those not voting were Senators:

Bowen Edge Fincher Garner

Hammill Land Langford McKenzie

Taylor Timmons Walker

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 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 Coleman Collins Dawkins

Deal Dean Echols Egan English Engram

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JOURNAL OF THE SENATE

Foster Fuller Harris
gHJouohgwngsamordns Kennedy Kidd Newbill

Olmstead Parker Peevy
PTPMhe.rl-1lrl1yl- Ps Pollard Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake
mTStautxme baugh Taylor Turner Tysinger

Those not voting were Senators:

Bowen SFlmteceher Garner Gillis

Hammill Land Langford McKenzie

Ragan of 10th Starr Timmons Walker

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

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

Senator Scott of the 2nd moved that SB 591 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 591 was immedi ately transmitted to the House.

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

HB 1180. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

Senator Parker of the 15th moved that the Senate insist upon the Senate amendments to HB 1180.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 1180.

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

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

SB 600. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to provide that, except as otherwise provided, any county officer shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecom ing the office, demanding excessive costs, or misfeasance or malfeasance in office.

The Senate Committee on Urban and County Affairs offered the following amendment:

TUESDAY, FEBRUARY 6, 1990

745

Amend SB 600 by striking from line 27 of page 3 the following: "as for other misdemeanor offenses,".

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge Egan Engram Fincher Foster Garner Harris Howard Huggins Johnson Kidd Newbill Olmstead Parker

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

Those not voting were Senators:

Barnes Bowen English Fuller
Gillis

Hammill Kennedy (presiding) Land Langford
McKenzie

Peevy Scott of 2nd
Timmons Walker

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

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

SB 630. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to domestic relations in general, so as to provide that the parties in cer tain domestic relations actions shall be required to complete a seminar for par ents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar.

The Senate Committee on Children and Youth offered the following substitute to SB 630:

A BILL
To be entitled an Act to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to domestic relations in general, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanc tions if a party fails to complete successfully the seminar; to provide for an exception to the

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completion of the seminar; to provide that the clerk of the superior court shall appoint, designate, or hire a seminar administrator to run and manage the seminars; to provide for the purpose, content, and scheduling of the seminars; to provide that the court's action on a petition will not be delayed by a nonmoving or responding party's refusal or delay in com pleting the seminar; to provide that a program of equal value and content may be substi tuted for the seminar; to provide for seminar fees and waivers; to provide for notification of the parties; to provide that the county sheriff or county police department will provide se curity personnel at the seminars; to provide for waiver of the seminar; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to domestic relations in general, is amended by adding a new Code Section 19-1-2 after Code Section 19-1-1 to read as follows:
"19-1-2. (a) All parties in all divorce, separate maintenance, paternity, change of cus tody, visitation, legitimation, and other domestic relations actions, excluding domestic vio lence and contempt actions, shall successfully complete a seminar for parents where the interests of children under 18 years of age are involved. The seminar shall be completed within 31 days of service of the original complaint upon the original defendant.
(b) If a party fails to complete successfully the seminar pursuant to this Code section, the court may take appropriate action, including but not limited to sanctions for contempt. However, upon good cause shown, the court may waive the requirement of completion of the seminar in certain cases.
(c) Seminars shall be administered by the office of the clerk of the superior court, con tracting with qualified counselors, trainers, and educators. The clerk of the superior court shall appoint, designate, or hire a seminar administrator to run and manage the seminars. Seminars shall be four hours long and shall be offered at least twice a month. Participants shall be allowed to choose either two two-hour evening sessions or one four-hour weekday session.
(d) The seminar shall focus on the developmental needs of children, with emphasis on fostering the child's emotional health during periods of stress. The seminar shall be inform ative and supportive and shall direct people desiring additional information or help to ap propriate resources. The course content shall contain, but shall not be limited to, the following:
(1) The developmental stages of childhood;
(2) The needs of children at different ages;
(3) Stress indicators in children;
(4) Age appropriate expectations of children;
(5) Adjusting to divorce;
(6) The grief process;
(7) Reduction of stress for children through an amicable divorce;
(8) Changing parental and marital roles;
(9) Visitation recommendations to enhance the child's relationship with both parents;
(10) Financial obligations of child rearing; and
(11) Conflict management and dispute resolution.
(e) The court's action on a petition shall not be delayed by a nonmoving or responding party's refusal or delay in completing the seminar. A program of equal value and content may be substituted for the seminar if written verification satisfactory to the seminar admin istrator is provided to the court indicating that the specific issues noted in subsection (d) of

TUESDAY, FEBRUARY 6, 1990

747

this Code section have been addressed in another forum through professional or pastoral counseling, mediation, or another similar education seminar.
(f) The fee for such seminar shall not exceed $30.00 per party and shall be used to cover all the costs of the seminar including the presenter's fees, handouts, applications, and semi nar administration. The fee may be waived if a party presents a verified affidavit of indigency and it appears upon investigation that the party meets the court's guidelines of indigency.
(g) At the time of the filing of pleadings, the clerk shall give notice to the parties of their responsibility to complete the seminar or provide verification of an alternative pro gram. Applications may be obtained from the office of the clerk of the superior court. The application and fee must be returned to the seminar administrator's office prior to the semi nar selected in order to ensure that adequate space and materials are available at the semi nar for each party. After submission of the application and fee there will be no further notification from the clerk's office and schedule changes shall be arranged through the semi nar administrator's office.
(h) A roll of the participating parties will be provided to the presenters prior to each seminar. As the parties report to the seminars selected by them, they will provide proper identification and shall be recorded as being in attendance. Each person who successfully completes the seminar shall be given a certificate of attendance to present to the assigned judge at the time of his or her court appearance.
(i) The county sheriff or county police department will provide an armed uniformed peace officer at each seminar to ensure the security of the participants prior to, during, and after each session.
(j) The superior court judge is authorized to waive the completion of the seminar if the seminar is unavailable in that circuit."
Section 2. This Act shall become effective July 1, 1990, and shall apply with respect to covered domestic relations actions filed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment:
Amend the substitute to SB 630 offered by the Senate Committee on Children and Youth as follows:
On page 1, line 9; page 2, lines 18, 19 and 21, add after "to provide that" the words,
"the Court Administrator or if there is no Court Administrator, then"; and
On page 3, line 26, change "$30.00" to "$35.00".
Senator Clay of the 37th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.
Senator Pollard of the 24th offered the following amendment:
Amend the substitute to SB 630 offered by the Senate Committee on Children and Youth as follows:
Strike the word "clerk" on line 9, page 1 and insert the words
"Court Administrator",
and on page 2, lines 19 and 21, strike the word "clerk" and insert the words
"Court Administrator".

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Senator Pollard of the 24th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.

Senator Clay of the 37th offered the following amendment:

Amend the substitute to SB 630 offered by the Senate Committee on Children and Youth on line 9, page 1 by striking the word "shall" and inserting "may", and by adding on line 11 after the word "seminars", "if funds are available".

On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.

Senator Newbill of the 56th offered the following amendment:

Amend the substitute to SB 630 offered by the Senate Committee on Children and Youth by striking on line 26 "$30.00" replacing it with "$35.00." on page 3 line 26.

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge

Egan English Engram Harris Huggins Kidd McKenzie Newbill Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger

Those voting in the negative were Senators:

Brannon Deal Foster

Fuller Garner

Johnson Peevy

Those not voting were Senators:

Barnes Bowen Fincher Gillis

Hammill Howard Kennedy (presiding) Land

Langford Scott of 2nd Timmons Walker

On the passage of the bill, the yeas were 37, nays 7.

TUESDAY, FEBRUARY 6, 1990

749

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 638. By Senator Kidd of the 25th:
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 that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery against an employee or resident of such center, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction.
The Senate Committee on Children and Youth offered the following substitute to SB 638:
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 that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or ag gravated battery against an employee or resident of such center, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction; to provide certain con ditions; to provide exceptions; 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 punish ment generally, so as to provide that a juvenile transferred to superior court according to Code Section 15-11-39 and convicted of any of certain crimes against an employee or resi dent of a youth development center may be sentenced to the Department of Corrections; 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 striking in its entirety Code Section 15-1139, relating to the transfer of cases from the juvenile court to another court, and inserting in lieu thereof a new Code Section 15-11-39 to read as follows:
"15-11-39. (a) Except as otherwise provided in subsection (b) of this Code section, after a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court hav ing jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that:
(A) The child committed the delinquent act alleged;
(B) The child is not committable to an institution for the mentally retarded or mentally ill; and
(C) The interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and
(4) The child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution.
(b) After a petition has been filed alleging delinquency based on conduct which is desig-

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JOURNAL OF THE SENATE

nated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits shall transfer the offense for prosecution to the appropri ate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that the child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16 against an employee or resident of such youth development center; and
(4) The child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution.
(c) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition.
(d) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section.
(e) Statements made by the child at any hearing under this article are not admissible against him over objection in the criminal proceedings following the transfer."
Section 2. 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 striking in its entirety Code Section 17-10-14, relating to where persons who are under 17 years of age and who have been convicted of felonies are committed, and inserting in lieu thereof a new Code Section 17-10-14 to read as follows:
"17-10-14. (a) Notwithstanding any other provisions of this article and except as other wise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence in a detention center of such division until such person is 18 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections.
(b) If a juvenile is transferred to superior court according to subsection (b) of Code Section 15-11-39 and convicted of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16 against an employee or resident of such youth development center, the court may sentence such juvenile to the Department of Corrections."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Brannon Broun

Burton Coleman Collins Dawkins

Deal Dean Echols Edge

TUESDAY, FEBRUARY 6, 1990

751

Egan Engram Foster Fuller Garner Harris Howard Huggins Johnson

Kidd Newbill Parker Peevy Perry Pollard Ragan of 32nd Ray

Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin
Barker Barnes Bowen Clay
English Fincher

Gillis Hammill Kennedy (presiding) Land Langford McKenzie

Olmstead Phillips Ragan of 10th Scott of 2nd Shumake Timmons

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 Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Egan Engram Foster Fuller Harris Howard Huggins Johnson Kidd Parker Peevy

Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Baldwin Barker Barnes Bowen Edge English Fincher Garner

Gillis Hammill Kennedy (presiding) Land Langford McKenzie Newbill

Olmstead Perry Phillips Ray Shumake Timmons 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.

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JOURNAL OF THE SENATE

SR 217. By Senator Puller of the 52nd:
A resolution urging the Board of Medical Assistance to take certain action re garding the Medicaid program.

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

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

Those voting in the affirmative were Senators:

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

Echols Edge Egan Engram Foster Fuller Garner Harris Howard Huggins Johnson Kidd Olmstead Parker

Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes English Fincher Gillis Hammill

Kennedy (presiding) Land Langford McKenzie Newbill

Phillips Shumake
Stumbaugh Timmons

On the adoption of the resolution, the yeas were 42, nays 0.

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

SR 334. By Senators Kidd of the 25th and Ray of the 19th:
A resolution relating to and affecting America's youth groups that teach citizen ship, municipal governments, and other governmental bodies.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Brannon Broun Burton Coleman

Collins Dawkins Deal Dean Echols Edge Engram Foster

Fuller Garner Harris Howard Huggins Johnson Kidd McKenzie

TUESDAY, FEBRUARY 6, 1990

753

Olmstead Parker p^J Phillips Pollard

Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake

Starr Stumbaugh Tate Taylor Turner

Those not voting were Senators:

Barnes Bowen
gjjj^ English Fincher

Gillis Hammill
Kennedy (presiding) Land Langford

Newbill Ray
Timmons Tysinger Walker

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

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

HB 44. By Representative Buck of the 95th:
A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivor benefits.
Senate Sponsor: Senator Timmons of the llth.

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

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

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Thomas B. Buck, III

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

January 6, 1989

SUBJECT: House Bill 44 (LC 7 7088) Peace Officers' Annuity and Benefit Fund

This Bill would increase retirement, disability and survivor benefits available through the Peace Officers' Annuity and Benefit Fund. The Bill would increase benefits by $1.50 per month for each year of service and provide for proportional credit for partial years of ser vice. Minimum disability benefits would also be increased by $22 per month. The increased benefits would apply to members who retired prior to July 1, 1990 as well as those who retire on or after that date. If enacted this Bill would become effective July 1, 1990, pro vided it is determined that it has been concurrently funded as provided in the Public Re tirement Systems Standards Law.

This is to certify that this is a retirement bill with a fiscal impact as defined in the Public Retirement Systems Standards Law.

/a/ G. W. Hogan State Auditor

754

JOURNAL OF THE SENATE

The following Memorandum, 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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation - House Bill 44 (LC 7 7088) Peace Officers' Annuity and Benefit Fund

This Bill would increase retirement, disability and survivor benefits available through the Peace Officers' Annuity and Benefit Fund. The Bill would increase benefits by $1.50 per month for each year of service and provide for proportional credit for partial years of ser vice. Minimum disability benefits would also be increased by $22 per month. The increased benefits would apply to members who retired prior to July 1, 1990 as well as those who retire on or after that date. If enacted this Bill would become effective July 1, 1990, pro vided it is determined that it has been concurrently funded as provided in the Public Re tirement Systems Standards Law.

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

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

from the bill.

$ 12,930,459

(2) The amount of annual normal cost which will result from the bill. $ 277,138

(3) The employer contribution rate currently in effect.

8,200,000

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

7,259,379

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ -fl

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

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

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

Those voting in the affirmative were Senators:

Albert Baldwin

Barker Brannon

Broun Burton

TUESDAY, FEBRUARY 6, 1990

755

Clay Coleman Collins Dawkins ?eal
Engram Fincher Foster Fuller

Garner Harris Howard Huggins
Johnson Kidd Olmstead Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Scott of 2nd
Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner

Those not voting were Senators:

Allgood Barnes Bg owen
English Gillis

Hammill Kennedy (presiding) TLand,
Langford McKenzie

Newbill Ray ,,T.immons
Tysinger Walker

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

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

HB 436. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, so as to provide for member ship for certain officials and employees of the judicial branch of state government.
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 Brannon Broun Coleman Collins Dawkins
Deal Dean Echols

Edge Engram Fincher
Foster Fuller Garner Harris Howard Huggins Johnson
Kidd Olmstead Parker

Peevy Perry Pollard
Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate
Taylor Turner Walker

756

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Burton Egan

Newbill Phillips

Ragan of 32nd Tysinger

Those not voting were Senators:

Bowen Clay English Gillis

Hammill Kennedy (presiding) Land Langford

McKenzie Shumake Timmons

On the passage of the bill, the yeas were 39, nays 6.

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

HB 761. By Representative Parrish of the 109th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to clarify the provisions relating to the determination of average final compensation.
Senate Sponsor: Senator Timmons of the llth.

The following Memorandum, 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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation - House Bill 761 (LC 7 7416S) Employees' Retirement System

This bill would provide that if a disability beneficiary of the Employees' Retirement System (ERS) is restored to service, such beneficiary's retirement allowance would cease and the beneficiary would again become a contributing member of the retirement system. In addition, any prior creditable service would be restored and used in the computation of the member's subsequent retirement allowance. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

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

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

from the bill.

$ Negligible

(2) The amount of annual normal cost which will result from the bill. $ -0-

(3) The employer contribution rate currently in effect.

17.85%

TUESDAY, FEBRUARY 6, 1990

757

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

17.85%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ Negligible

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

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

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

Those voting in the affirmative were Senators:

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

Edge Egan Engram Foster Fuller Garner Harris Howard Huggins Johnson Kidd Newbill Olmstead Parker

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

Those not voting were Senators:

Bowen English Fincher Gillis Hammill

Kennedy (presiding) Land Langford McKenzie

Ragan of 10th 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 964. By Representative Mangum of the 57th:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to change the provisions relating to the reestablishment of such creditable service.
Senate Sponsor: Senator Pollard of the 24th.

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JOURNAL OF THE SENATE

The following Memorandum, 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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation - House Bill 964 (LC 7 7420S) Teachers Retirement System

This bill would amend provisions relating to the reestablishment of creditable service under the Teachers Retirement System (TRS). Members would be allowed to reestablish such service upon completing a minimum number of years of service as a contributing mem ber of the TRS and paying a sum equal to the amount of accumulated contributions which were withdrawn plus applicable accrued regular interest from the time the contributions were withdrawn to the date of payment. The minimum number of years of service required and the interest rate charged would vary based upon the member's total number of accumu lated contribution withdrawals. If enacted, the bill would become effective July 1, 1990, provided it is determined to have been concurrently funded as provided in the Public Re tirement Systems Standards Law.

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

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

from the bill.

$ Negligible

(2) The amount of annual normal cost which will result from the bill. $ -0-

(3) The employer contribution rate currently in effect.

13.48%

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

13.48%

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

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ -fl

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

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

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

Those voting in the affirmative were Senators:

Albert

Allgood

Baldwin

TUESDAY, FEBRUARY 6, 1990

759

Barker Barnes Brannon Broun Burtn ~ lay
DpCoafwlh.mknisanns
Dean Echols Edge Egan English

Engram Fincher Foster
Fuller Garner Harris
,,"Houw^al.rnds Johnson
Kfdd Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray
SS_.ctaoitrt of 2nd Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Gillis Hammill Kennedy (presiding)

Land Langford McKenzie

Scott of 36th Shumake Timmons

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.

HB 1094. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the definition of certain terms; to regulate interdepartmental transfers; to authorize depart ments to require working test periods for certain employees subject to an inter departmental transfer.
Senate Sbponsor: Senator Kidd of the 25th.

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 Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Collins Dawkins Deal

Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Harris Howard Huggins

Kennedy Kidd Newbill Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr

760

JOURNAL OF THE SENATE

Stumbaugh Tate

Turner Tysinger

Walker

Those voting in the negative were Senators:

Barnes

Ragan of 32nd

Taylor

Those not voting were Senators:

Coleman English Gillis Hammill

Johnson Land Langford McKenzie

Olmstead Phillips Shumake Timmons

On the passage of the bill, the yeas were 41, nays 3.

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

HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers.
Senate Sponsor: Senator English of the 21st.

Senator Echols of the 6th offered the following amendment:

Amend HB 1105 by adding on page 3, after line 31, the following: "(12) Pears."; and by changing the period to a semicolon on page 3, line 31, and adding "and" and by striking on page 3, line 26, the word "and".

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 Bowen Broun Burton Clay Collins Dawkins

Deal Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis

Howard Huggins Johnson Kennedy Kidd Newbill Olmstead Parker Peevy Perry Pollard

TUESDAY, FEBRUARY 6, 1990

761

Ragan of 10th Ray Scott of 36th Shumake

Starr Stumbaugh Tate Taylor

Timmons Turner Tysinger

Those not voting were Senators:

Brannon Coleman Fincher Hammill

Harris Land Langford McKenzie

Phillips Ragan of 32nd Scott of 2nd 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.

HB 1131. By Representatives Dover of the llth, Kilgore of the 42nd and Irwin of the 13th:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment and compensation of chief registrars and other regis trars, so as to change the provisions relating to the per diem compensation or monthly compensation received by the chief registrars and other registrars.
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 Brannon !?roun
^Cluaryton
DDeeaaln
Echols Edge Egan English Engram

Fincher Foster Fuller Garner Gillis gams
JHouhp nsonns
KKeidndnedy
Newbill Olmstead Parker Peevy Perry

Phillips Pollard Ragan of 10th Bagan of 32nd jjav Scott of 2nd
Scott of 36th
Stumb, augh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Bowen Coleman Collins

Dawkins Hammill Howard Land

Langford McKenzie Shumake Walker

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

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

762

JOURNAL OF THE SENATE

HB 1154. By Representative Alien of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed.
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 Baldwin Barker
Barnes Brannon roun
urton Dawkins j)eaj Dean Echols Edge Egan English

Engram Fincher Foster
Fuller Garner Gillis
Huggins Johnson Kennedy Kidd Newbill Olmstead Parker Peevy

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

Those not voting were Senators:

Allgood CBoolweemnan Collins Hammill

Harris Howard Land Langford

McKenzie Tate Timmons Walker

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

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

HB 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multi-year installment purchase contracts.
Senate Sponsor: Senator Deal of the 49th.

Senator Deal of the 49th moved that HB 1207 be postponed until Friday, February 9th.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1207 was post poned until Friday, February 9th.

TUESDAY, FEBRUARY 6, 1990

763

HB 1220. By Representatives Lawson of the 9th, Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to create The Council of Superior Court Clerks of Georgia; to provide for the composition of the council.
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 Baldwin Barker Brannon Clay Coleman Collins Deal Dean Echols Edge Egan English Engram

Fincher Foster Fuller Gillis Hammill Muggins Johnson Kennedy Kidd Newbill Olmstead Parker Peevy Perry

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

Voting in the negative was Senator Burton.

Those not voting were Senators:

Allgood Barnes Bowen Broun Dawkins

Garner Harris Howard Land Langford

McKenzie Ray Taylor Walker

On the passage of the bill, the yeas were 41, nays 1.

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

HB 1273. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Deal of the 49th.

764

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 Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge English Engrain Fincher Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd 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 Tysinger

Voting in the negative was Senator Fuller.

Those not voting were Senators:

Egan Foster Howard

Land Langford Shumake

Timmons Turner Walker

On the passage of the bill, the yeas were 46, nays 1.

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

HB 1277. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, so as to make certain grammatical and editorial changes.
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 Brannon Broun

Burton Clay Coleman Collins Dawkins Deal

Dean Echols _ Edge Egan English Engram

TUESDAY, FEBRUARY 6, 1990

765

Fincher Foster Fuller
G*TM61 Hammill Harris Howard Huggins Johnson

Kennedy Kidd McKenzie
Newbill Olmstead Parker Peevv Perry Pollard

Ragan of 10th Ragan of 32nd Ray
Scott of 36th Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Barnes Bowen Land Langford

Phillips Scott of 2nd Shumake

Starr Timmons Walker

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

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

HB 1278. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Of ficial Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 1278 by striking from line 9 of page 3 the following: "second", and inserting in lieu thereof the following: "third". By striking line 31 of page 23 and inserting in lieu thereof the following: "(9) By striking '16-31-21' and inserting in lieu thereof '16-13-21' in paragraph (8) and by adding 'or' before 'the payment of in". By striking from line 5 of page 24 the following: "subsection (a)", and inserting in lieu thereof the following: "subsection (a) and in subsection (b)".

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

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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 Barker Brannon Broun
Burton C^Coo,llyleimnsan Dawkins j}eaj Dean Echols Engram Fincher Foster

Fuller Garner Gillis Hammill Harris
Howard iHTouh, gngsion"s Kennedy Kidd McKenzie Newbill Olmstead Parker Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd f S01c.outmt aokife36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Baldwin Barnes Bowen Edge

Egan English Land

Langford Peevy Walker

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

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

HB 1361. By Representatives Chambless of the 133rd, Thomas of the 69th, Robinson of the 96th and Pannell of the 122nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions of terms used in the "Georgia Business Corporation Code".
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 Baldwin Barker Brannon Broun Burton Clay

Coleman Collins Deal Dean Echols Edge Egan English

Engram Foster Fuller Garner Hammill Harris Howard Huggins

TUESDAY, FEBRUARY 6, 1990

767

Johnson Kennedy K'dd, ... Olmstead Parker Peevy Perry

Phillips Pollard Ragan of I0th Ragan of 32nd Ray Scott of 2nd Scott of 36th

Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barnes Bowen Dawkins Fincher

Gillis Land Langford

McKenzie Starr Walker

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

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

HB 1374. By Representatives Walker of the 115th, Reaves of the 147th, Godbee of the 110th and others:
A bill to amend Code Section 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, so as to change provisions relating to compensation of members of the authority; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions.
Soceunaattec Si^pjjovnmsaouri:. Soceiniaattuoir Gvjriililuiso oufi tthuee 24v0i<thii..

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:

Allgood Baldwin Barker Barnes Bowen BDC,, roaa,wlenkmnionanns
Deal
Dean Echols
Egan English

Fincher Foster Fuller Garner Gillis HHHIToaamrwriamsrdill
Johnson
Kennedy Kidd
McKenzie Olmstead

Parker Peevy Pollard Ragan of loth Ray cSS,, ccoo.tt.tt 1oo,ff. 023fnd,h,
Stumbaugh
Tate Timmons
Turner Tysinger

Those voting in the negative were Senators:

Albert Burton Collins

Engram Newbill Perry

Phillips Ragan of 32nd Taylor

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Those not voting were Senators:

Broun Clay Edge

Huggins Land Langford

Shumake Starr Walker

On the passage of the bill, the yeas were 38, nays 9.

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

HR 466. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
Senate Sponsor: Senator English of the 21st.

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on loans to farmers for economic development purposes and to authorize the appropriation of funds for the purposes of such emerging crops fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating the last two subparagraphs designated as subparagraph (g) as subparagraphs (h) and (i), respectively, and by adding at the end thereof a new subparagraph (j) to read as follows:

"(j) The General Assembly is authorized to provide by general law for the creation of an emerging crops fund from which to pay interest on loans made to farmers to enable such farmers to produce certain crops on Georgia farms and thereby promote economic develop ment. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Interest on loans made to farmers shall be paid from such fund pursuant to such terms, conditions, and requirements as the General Assembly shall provide by general law. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on loans to farmers to encourage economic de velopment?"

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

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

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

TUESDAY, FEBRUARY 6, 1990

769

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan

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

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

Those not voting were Senators:

Brannon Dawkins Land

Langford McKenzie Phillips

Scott of 2nd Walker

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

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

HR 624. By Representatives Reaves of the 147th, Greene of the 130th, Royal of the 144th and others:
A resolution urging the United States Environmental Protection Agency to allow the continued use of EBDC fungicides and Benomyl on certain vegetables.
Senate Sponsor: Senator English of the 21st.

The Senate Committee on Agriculture offered the following substitute to HR 624:

A RESOLUTION
Urging the United States Environmental Protection Agency to allow the registrants of the EBDC fungicides to reinstate their use on certain vegetables; and for other purposes.
WHEREAS, EBDC fungicides (Manzate, Maneb, and Mancozeb) have been used to protect fruits and vegetables from diseases since this class of compounds was first used in the mid 1930's and have been registered for use on 55 food crops; and
WHEREAS, these fungicides are used in areas, such as Georgia, which have high rain fall, high humidity, and relatively mild winters which provide ideal conditions for disease development and in which certain crops cannot be profitably grown without the use of these fungicides; and
WHEREAS, there are no nonchemical control practices which will protect susceptible crops from disease when these environmental conditions are present; and
WHEREAS, the United States Environmental Protection Agency has accepted volun-

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tary cancellation of the use of these fungicides on 45 crops, including pepper and leafy greens, such as turnip greens, mustard, collards, kale, and spinach, for which there are no alternative fungicides or other control measures available to protect these crops; and
WHEREAS, the leafy greens have obvious benefits to the diet including minerals, vita mins, and fiber and consumers are being encouraged to eat such foods because of these benefits; and
WHEREAS, the Environmental Protection Agency's risk assessment process is based on theoretical, maximum EBDC residue on the raw product rather than actual residues found on the prepared product as served to the consumer and findings of the U.S. Food and Drug Administration, the National Food Processors Association, and the University of Ar kansas show an 80 to 90 percent reduction of EBDC residues as a result of the washing process; and
WHEREAS, the inability to use EBDC fungicides without any alternative fungicide or other control measure being available would be devastating to Georgia agriculture and the food processing industry.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the United States Environmental Protection Agency and the registrants to allow the continued use of EBDC fungicides on those vegetables for which no alternative fungicide is available, at least until the results of ongoing market basket surveys can be evaluated and any health risks more accurately determined.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is au thorized and directed to send appropriate copies of this resolution to the United States Environmental Protection Agency and to each member of the United States Congress from the State of Georgia.

On the adoption of the substitute, the yeas were 36, nays 4, 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 vote was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon Broun B 11 *011 CCloalylins
Dawkins Deal Dean
Echols Edge Egan English

Engram Fincher Foster Garner Gillis Hammill arris HHouwggairnds
Johnson Kennedy Kidd
McKenzie Newbill Olmstead Peevy

Perry Pollard Ragan of 10th Ragan of 32nd pav Scott of 2nd Scott of 36th 0^h, umak, e
,, tarr Stumbaugh Tate
Taylor Timmons Turner Tysinger

Voting in the negative was Senator Fuller.

TUESDAY, FEBRUARY 6, 1990

771

Those not voting were Senators:

Barker Barnes Coleman

Land Langford Parker

Phillips Walker

On the adoption of the resolution, the yeas were 47, nays 1.

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

The following general resolution of the House, having been withdrawn from the Senate Committee on Public Utilities on February 1 and committed to the Senate Committee on Urban and County Affairs (General), and favorably reported by the committee, was read the
third time and put upon its adoption:

HR 638. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Community Affairs.
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:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon
DQ awI k,-ins Dean Echols Edge Egan English Engram Fincher

Foster Fuller Gillis Hammill
Harris Howard JMTouh, 6gn6gsionns Kennedy Kidd McKenzie Newbill Olmstead Parker Peevy

Perry Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 2nd SS_,choutmt aok.fe36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Barnes Bowen Clay

Coleman Garner Land

Langford Phillips Walker

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

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

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JOURNAL OF THE SENATE

The following general bill of the Senate, having been read the third time on February 1 and postponed until February 6, was put upon its passage:
SB 519. By Senators Edge of the 28th, Dawkins of the 45th and Howard of the 42nd:
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 for the preparation of hazardous waste reduction plans by hazardous waste generators and for annual progress reports in connection therewith.
The Senate Committee on Industry and Labor offered the following substitute to SB 519:
A BILL
To be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide for additional definitions; to provide for the preparation of hazardous waste reduc tion plans by hazardous waste generators and for biennial progress reports in connection therewith; to provide that out-of-state hazardous waste generators storing, treating, or dis posing of hazardous waste within this state shall prepare hazardous waste reduction plans and biennial progress reports; to provide procedures and criteria for the evaluation by local governments of applications for permits for hazardous waste facilities; to provide for the submission of certain reports by local governments and for the consideration of such re ports; to provide for environmental impact reports; to change the provisions relating to the preemption of other laws and local ordinances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," is amended by adding in Code Section 12-8-62, relating to definitions, new paragraphs (10.2) and (17) to read, respectively, as follows:
"(10.2) 'Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute hazardous waste or 2,200 pounds or more of hazardous waste in one month, as defined in the Rules for Hazardous Waste Management, Chapter 391-3-11 of the Board of Natural Resources."
"(17) 'Waste reduction' means a practice, other than dewatering, dilution, or evapora tion, by an environmental waste generator, including changes in production technology, materials, processes, operations or procedures or use of in-process, in-line, or closed loop recycling according to standard engineering practices, that reduces the environmental and health hazards associated with waste without diluting or concentrating the waste before re lease, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exits a produc tion or commercial operation. Waste reduction shall not in any way be inferred to promote, include or require:
(A) Waste burning in industrial furnaces, boilers, or cement kilns;
(B) Transfer of an environmental waste from one environmental medium to another environmental medium (otherwise known as waste shifting);
(C) Conversion of a potential waste into another form for use in a production process or operation without serving any substantial productive function;
(D) Off-site waste recycling; or
(E) Any other method of end-of-pipe management of environmental wastes."

TUESDAY, FEBRUARY 6, 1990

773

Section 2. Said article is further amended by adding immediately following Code Sec tion 12-8-65 new Code Sections 12-8-65.1, 12-8-65.2, and 12-8-65.3 to read as follows:
"12-8-65.1. (a) By not later than January 1, 1992, large quantity hazardous waste gener ators shall develop hazardous waste reduction plans and submit such plans to the director. At a minimum, the plans shall include:
(1) A written policy articulating upper management and corporate support for the gen erator's hazardous waste reduction plan and a commitment to implement plan goals;
(2) The scope and objectives of the plan, including the evaluation of technologies, pro cedures, and personnel training programs to ensure unnecessary hazardous waste is not gen erated and specific goals for hazardous waste reduction, based on the director's assessment of what is technically and economically practical;
(3) Internal analysis of hazardous waste streams, with periodic hazardous waste reduc tion assessments, to review individual processes or facilities and other activities where haz ardous waste may be generated and identify opportunities to reduce or eliminate hazardous waste generation; such assessments shall evaluate data on the types, amount, and hazardous constituents of hazardous waste generated, where and why that hazardous waste was gener ated within the production process or other operations, and potential hazardous waste re duction and recycling techniques applicable to those hazardous wastes;
(4) Hazardous waste accounting systems that identify hazardous waste management costs and factor in liability, compliance, and oversight costs to the extent technically and economically practical;
(5) Employee awareness and training programs, to involve employees in hazardous waste reduction planning and implementation to the maximum extent feasible;
(6) Institutionalization of the plan to ensure an ongoing effort as demonstrated by in corporation of the plan into management practice and procedures; and
(7) Implementation of technically and economically practical hazardous waste reduction options, including a plan for implementation, which shall include a description of options considered and an explanation of why options considered were not implemented.
(b) As part of each hazardous waste reduction plan developed under subsection (a) of this Code section, each large quantity hazardous waste generator shall establish specific per formance goals for the reduction of hazardous waste. Wherever technically and economically practical, the specific performance goals established under this subsection shall be expressed in numeric terms. If the establishment of numeric performance goals is not practical, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as practical. Each large quantity hazardous waste generator shall explain the rationale for each performance goal. The rational for a particular performance goal shall address any impediments to hazardous waste reduction, including but not limited to the following:
(1) The availability of technically practical hazardous waste reduction methods, includ ing any anticipated changes in the future;
(2) Previously implemented reductions of hazardous waste; and
(3) The economic practicability of available hazardous waste reduction methods, includ ing any anticipated changes in the future.
(c) Examples of situations where hazardous waste reduction may not be economically practical as provided for in paragraph (3) of subsection (b) of this Code section include but are not limited to:
(1) For valid reasons of priority, a particular company may choose first to address other more serious hazardous waste reduction concerns;
(2) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or

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(3) Legal or existing contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction.
(d) All large quantity hazardous waste generators shall complete biennially a hazardous waste reduction progress report. A biennial progress report shall:
(1) Analyze and quantify progress made, if any, in hazardous waste reduction, relative to each performance goal established under subsection (b) of this Code section; and
(2) Set forth amendments to the hazardous waste reduction plan and explain the need for the amendments.
(e) The board may adopt and promulgate such rules and regulations as may be neces sary to further define and implement the provisions of this Code section and Code Section 12-8-65.2, provided such rules and regulations are supplemental to and not in conflict with this Code section and Code Section 12-8-65.2.
12-8-65.2. (a) All large quantity hazardous waste generators shall complete and submit to the director a hazardous waste reduction plan on or before January 1, 1992. The plans shall be updated and progress reported on a biennial basis thereafter. The first updated biennial report shall be due in 1994 and shall be submitted to the director as prescribed in rules or regulations adopted by the board. The preface to an initial hazardous waste reduc tion plan may include:
(1) An explanation and documentation regarding hazardous waste reduction efforts completed or in progress before the first reporting date; and
(2) An explanation and documentation regarding impediments to hazardous waste re duction specific to the individual hazardous waste generator.
(b) The director shall consider information provided under subsection (a) of this Code section in any review of a hazardous waste reduction plan under subsection (d) of this Code section.
(c) Subject to available funding, the Georgia Institute of Technology shall provide tech nical assistance, if requested, to hazardous waste generators in reducing the amount and toxicity of hazardous waste generated, in preparing hazardous waste reduction plans, and in preparing biennial progress reports.
(d) (1) The director may review a hazardous waste reduction plan or a biennial hazard ous waste reduction progress report to determine whether the plan or progress report meets the requirements of this Code section and Code Section 12-8-65.1. If a large quantity haz ardous waste generator fails to complete an adequate plan or biennial progress report, the director may notify the large quantity hazardous waste generator of the inadequacy, identi fying the specific deficiencies. The director also may specify a reasonable time, which shall not be less than 90 days, within which the large quantity hazardous waste generator shall submit a modified plan or biennial progress report addressing the specified deficiencies.
(2) If the director determines that a modified plan or biennial progress report submit ted pursuant to paragraph (1) of this subsection is inadequate, the director may either re quire further modification or issue an administrative order pursuant to paragraph (3) of this subsection.
(3) If after having received a list of specified deficiencies from the director, a large quantity hazardous waste generator fails to develop an adequate plan or biennial progress report within a time specified pursuant to paragraph (1) or (2) of this subsection, the direc tor may order such large quantity hazardous waste generator to submit an adequate plan or biennial progress report within a reasonable time, which shall not be less than 90 days. If the large quantity hazardous waste generator fails to develop an adequate plan or biennial progress report within the time specified, the director shall conduct a hearing on the plan or biennial progress report. Except as provided under rules or regulations adopted by the board pursuant to the provisions of subparagraph (H) of paragraph (1) of Code Section 128-64, in any hearing under this subsection the relevant hazardous waste reduction plan or

TUESDAY, FEBRUARY 6, 1990

775

biennial progress report shall be considered a public record for the purposes of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records. After conducting such hearing, the director may issue such order as may be necessary to require the large quantity hazardous waste generator to develop an adequate hazardous waste reduction plan or bien nial progress report or both.
(e) The director shall maintain a copy of each hazardous waste reduction plan and bien nial progress report received. This information shall be available to the public at the direc tor's or the division's office.
12-8-65.3. (a) For the purposes of this Code section, 'out-of-state generator' means any large quantity hazardous waste generator generating hazardous waste at a location outside the State of Georgia.
(b) As a condition of allowing any out-of-state generator to store, treat, or dispose of hazardous waste at a hazardous waste disposal facility located within the State of Georgia, such out-of-state generator shall prepare and submit to the director a hazardous waste re duction plan and biennial hazardous waste reduction progress reports in substantial compli ance with the requirements of Code Sections 12-8-65.1 and 12-8-65.2.
(c) No hazardous waste disposal facility shall accept hazardous waste from an out-ofstate generator unless the out-of-state generator presents to the owner or operator of the hazardous waste facility evidence from the director that the out-of-state generator is in com pliance with the provisions of subsection (b) of this Code section."
Section 3. Said article is further amended by striking subsection (h) of Code Section 128-66, relating to permits for the construction and operation of hazardous waste facilities, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows:
"(h) (1) Upon the first receipt of an application for a hazardous waste facility permit, the director, within 15 days, shall provide to the government of the county in which the facility is located or is proposed to be located, to each city government located wholly or partially within that county, and to the government of each county and city having territo rial boundaries within two miles of the hazardous waste facility or proposed hazardous waste facility, a written notice indicating that an application has been received and describ ing the hazardous waste activities the applicant proposes to conduct. Within a 30 day period after first receipt of such application, the director shall also publish in at least one local newspaper of general circulation in the county a public notice that an application for a hazardous waste facility permit has been received. A public hearing shall be held if such is requested in writing within 30 days after publication of notification and is requested by 25 or more persons who claim to be affected by the pending permit application, by a govern mental subdivision, or by an association having not fewer than 25 members. If requested, the public hearing shall be conducted at the county seat of the county in which the hazard ous waste facility is proposed to be located. At least 45 days prior to the date of the public hearing, the director shall provide written notice to the various local governmental subdivi sions and other interested parties in the locality in which the proposed facility may be lo cated that a public hearing has been requested, which written notice shall also include the date, time, location, and purpose of the public hearing. The date, time, location, and pur pose of such public hearing shall be advertised in the legal organ of the county in which the facility is proposed at least 45 days in advance of the date set for the hearing. Such public hearings shall be held for the purpose of receiving comments and suggestions concerning the location and requirements for the operation of a hazardous waste facility. The director shall consider fully all written and oral submissions regarding the proposed facility and the pend ing application.
(2) Any local government which receives a notice from the director under paragraph (1) of this subsection that an application for a hazardous waste facility has been received shall prepare a report representing its interpretation of the concerns of its respective community. Such report shall be submitted to the director within 90 days after the public hearing pro vided for in paragraph (1) of this subsection or within 90 days after receiving notice from

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the director of the pendency of an application, if no public hearing is held under paragraph (1) of this subsection. The local government shall include in the report its recommendation to accept, reject, or modify the application for the hazardous waste facility permit. Nothing in this Code section shall be construed as providing a local government with the power to veto or prohibit the location of any such facility within its boundaries. Said local govern ment may only make recommendations as provided in this article and the final decision as to the permitting of such a facility shall rest with the director, subject to the provisions of this article. The local government's recommendation shall be adopted at a meeting of its governing authority, and the adoption of such recommendation shall be 'official action' within the meaning of Code Section 50-14-1. The governing authority of the local govern ment shall conduct at least one public hearing on the application for the hazardous waste facility permit prior to the date of the meeting at which the recommendation is adopted. The governing authority of the local government shall publish the date, time, place, and purpose of the public hearing in the legal organ of the county of the local government at least once during a period of at least five but not more than 15 days prior to the date of the public hearing, and during the same period, said governing authority shall transmit to the print and broadcast news media serving the area in which the local government is located a press release giving the date, time, place, and purpose of the public hearing. The local gov ernment's recommendation shall be based upon the application of the following criteria which shall consider the difference between storage, treatment, and disposal facilities:
(A) The hazardous waste facility is not located in an area where geologic and hydrogeologic site characteristics are not suitable to protect water resources;
(B) The hazardous waste facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding area;
(C) The plan of operation for the hazardous waste facility is designed to minimize the danger to the surrounding area from fire, spills, leakage, or other operational accidents;
(D) The traffic patterns and the capacity of roads and bridges to or from the hazardous waste facility are designed to minimize the impact on existing traffic flows;
(E) An emergency response plan has been formulated by or for the hazardous waste facility which includes notification, containment, and evacuation procedures to be used in case of an accidental release;
(F) If the hazardous waste facility is located in a county or municipality which has adopted a hazardous or solid waste management plan or a zoning ordinance, the hazardous waste facility is consistent with such plan or zoning ordinance;
(G) Distances from occupied dwellings, including but not limited to private residences, schools, churches, commercial buildings, and other buildings not associated with the hazard ous waste facility, and scenic, cultural, and recreational areas are such as to minimize the adverse economic impacts on the local and surrounding community;
(H) The hazardous waste facility is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected; and
(I) The previous operating experience and past record of convictions relevant to the operation of the proposed hazardous waste facility, or admissions of violations, other than minimal nonwillful permit violations, of the applicant and any subsidiary or parent corpora tion operating in the field of solid or hazardous waste management.
(3) The director shall consider the reports of local governments in granting or denying hazardous waste facility permits."
Section 4. Said article is further amended by adding immediately following Code Sec tion 12-8-66 a new Code Section 12-8-66.1 to read as follows:
"12-8-66.1. (a) In addition to the requirements of Code Section 12-8-66 and any other provisions of this article, an applicant for a hazardous waste facility permit issued pursuant

TUESDAY, FEBRUARY 6, 1990

777

to the provisions of this article shall file an environmental impact report with the director at the time the application is first filed. The environmental impact report shall consist of an analysis of the impact the proposed hazardous waste facility will have on the land, air, and water resources of the area where the hazardous waste facility is to be located and the im pact the hazardous waste facility will have on wildlife, human health, and human recrea tional resources.
(b) The board shall provide by rules and regulations specific requirements and guide lines for the environmental impact reports required by subsection (a) of this Code section.
(c) The environmental impact reports required by subsection (a) of this Code section shall apply to:
(1) Any application for a hazardous waste facility permit filed on or after July 1, 1990;
(2) Any renewal of a hazardous waste facility permit on or after July 1, 1990;
(3) The granting of a hazardous waste facility permit on or after July 1, 1990, to any applicant who was accorded interim status prior to that date; and
(4) Any modification or amendment of a hazardous waste facility permit considered on or after July 1, 1990."
Section 5. Said article is further amended by striking Code Section 12-8-79, relating to the preemption of other laws and local ordinances, in its entirety and substituting in lieu thereof a new Code Section 12-8-79 to read as follows:
"12-8-79. Subject to the provisions of the Constitution of Georgia, no other law of this state and no action, ordinance, regulation, or law of any county, municipality, or other polit ical subdivision shall operate to prevent the location or operation of a hazardous waste facil ity holding a valid hazardous waste facility permit issued under this article and the rules and regulations promulgated hereunder, provided that nothing in this Code section shall be construed to prevent any county or municipality from exercising the powers provided for in subsection (h) of Code Section 12-8-66 or to prevent any county, municipality, or other political subdivision from challenging a facility's compliance with this article or any rule or regulation, order, or permit provision or condition adopted or issued under this article."
Section 6. 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 SB 519 offered by the Senate Committee on Industry & Labor as follows:
"On page 13, line 21 striking Section 4 and renumbering Section 5 as Section 4, and Section 6 as Section 5.".
Senator Tysinger of the 41st 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 SB 519 offered by the Senate Committee on Industry and Labor by striking from lines 15 through 17 on page 1 the following:
"to provide for environmental impact reports; to change the provisions relating to the preemption of other laws and local ordinances;".
By striking from line 19 on page 3 the following:
"the director's assessment of.
By inserting in line 30 on page 6 between the word "to" and the word "hazardous" the word "in-state".

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By striking the word "shall" where it appears in line 26 on page 10 and in line 1 on page 11 and inserting in lieu thereof the word "may" in each place where the word "shall" is stricken.
By striking from lines 11 and 12 on page 11 the following:
"subject to the provisions of this article.",
and by inserting a period immediately following the word "director" where it appears in line 11 on page 11.
By striking all matter appearing in lines 26 through 31 on page 12 and by redesignating subparagraphs (G), (H), and (I), where the same appear in lines 32 through 34 on page 12 and lines 1 through 17 on page 13, as subparagraphs (F), (G), and (H), respectively.
By striking Sections 4 and 5, where the same appear in lines 21 through 33 on page 13, lines 1 through 33 on page 14, and lines 1 through 8 on page 15 in their entirety and substi tuting in lieu thereof a new Section 4 to read as follows:
"Section 4. Nothing in this Act shall require a duplication of reporting requirements under the 'Georgia Hazardous Waste Management Act' as it existed prior to the effective date of this Act."
By redesignating Section 6 where it appears in lines 9 and 10 on page 15 as Section 5.

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

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Broun
Burton ^UCoo,llyleimnsan
Dawkins jj eal Dean Echols Edge Egan English

Fincher Foster Fuller Garner Gillis Hammill
Harris HTHTo<wpamrds
Johnson Kennedy Kidd McKenzie Newbill Olmstead Parker

Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SSm hcoutmt iaokfe36th
Sta" u Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Brannon Engram

Land Langford

Phillips Walker

TUESDAY, FEBRUARY 6, 1990

779

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

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

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

HB 1250. By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to regis tered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members.
Senate Sponsor: Senator Howard of the 42nd.

Senators Howard of the 42nd and Allgood of the 22nd offered the following amendment:

Amend HB 1250 by adding on page 9, line 11 after the word "Georgia." "Nothing in this subsection shall be construed to repeal the right of any person who is licensed as a registered professional nurse on the effective date of this Act to be licensed and to use the title "registered professional nurse".

On the adoption of the amendment, the yeas were 47, 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
Coeman Collins Dawkins Deal Dean Echols Egan English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard
Johnson Kennedy Kidd McKenzie Newbill Olmstead Parker

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Edge Engram

Land Langford

Phillips Walker

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

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

Senator Newbill of the 56th gave notice that, at the proper time, she would move that the Senate reconsider its action in passing the following bill of the House:

HB 1094. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the definition of certain terms; to regulate interdepartmental transfers; to authorize depart ments to require working test periods for certain employees subject to an inter departmental transfer.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:30 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 7, 1990

781

Senate Chamber, Atlanta, Georgia Wednesday, February 7, 1990
Twenty-second Legislative Day
The Senate met pursuant to adjournment at 9:30 o'clock A.M. and was called to order by the President.
Senator 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 by the requisite constitutional majority the following bills of the House and Senate:
HB 1174. By Representative Lane of the 27th: A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for investment authority for such board and con trol of investments.
HB 1582. By Representatives Lupton of the 25th, Martin of the 26th, Townsend of the 24th, Benn of the 38th, McKinney of the 35th and others: A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court.
HB 1634. By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th, Lawrence of the 49th, Richardson of the 52nd and others: A bill to provide for the determination of the millage rate by the governing au thorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County.
HB 1668. By Representative Reaves of the 147th: A bill to provide for the compensation and expenses of the Board of Education of Brooks County.
HB 1670. By Representative Harris of the 84th: A bill to create a board of elections and registration for McDuffie County.
HB 1684. By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the corporate limits of said city.
HB 1687. By Representative Pettit of the 19th: A bill to amend an Act creating a new charter for the City of Emerson, so as to change the corporate limits of the city.

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JOURNAL OF THE SENATE

HB 1694. By Representatives Breedlove of the 60th, Lawson of the 9th, Wall of the 61st, Jackson of the 9th, Orr of the 9th and others:
A bill creating the hoard of commissioners of Gwinnett County, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services.
HB 1212. By Representatives Thompson of the 20th, Walker of the 115th, Lee of the 72nd and Clark of the 20th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in pub lic schools and regulation by the State Board of Education, so as to modify cer tain qualifications of certificated personnel needed in order to qualify for an ex emption from the completion of an assessment to demonstrate satisfactory onthe-job performance.
HB 1459. By Representatives Pettit of the 19th, Mobley of the 64th, Thomas of the 69th, Morton of the 47th, Abernathy of the 39th and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to change the provisions relating to the definition of certain terms; to provide for the designation and additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sales of certain low priced designated securities; to provide for additional training for certain designated salesmen.
HB 1504. By Representatives Dobbs of the 74th, Twiggs of the 4th, Dover of the llth, Porter of the 119th, Pannell of the 122nd and others:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to change the time limit within which an insured can give notice of a claim before such notice requirements may be satisfied by a third party injured in an accident involving the insured and having a claim against the insured; to change certain dates.
HB 1591. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Elec tion Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct.
HB 1441. By Representatives Walker of the 115th and Lee of the 72nd:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils.
HB 1261. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.

WEDNESDAY, FEBRUARY 7, 1990

783

HB 1240. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the exemptions from the re quirement of a license to engage in the business of selling or issuing checks; to provide for definitions.
SB 455. By Senators Timmons of the llth and Pollard of the 24th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provi sions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain condi tions; to change the provisions relating to requirements for continued active membership in the fund.
SB 121. By Senator Timmons of the llth:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Anno tated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the retirement benefits under Option One, known as the "single life annuity"; to provide conditions for an effective date and for auto matic repeal.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1540. By Representatives Coleman of the 118th, Crosby of the 150th, Royal of the 144th, Waddle of the 113th, Birdsong of the 104th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of prop erty, so as to require county governing authorities to publish annual reports con taining the millage rate and assessed taxable value of certain property subject to certain taxation for the coming fiscal year and the immediately preceding five fiscal years.
HB 1639. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Em ployees Benefit System to the Georgia Municipal Employees Benefit System.
HB 1457. By Representatives Martin of the 26th and Richardson of the 52nd:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change substantially the conditions under which the department may grant variances and waivers to rules and regulations establishing standards for certain facilities; to provide that such variances may be granted if strict compliance would cause hardship.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 693. By Senator Harris of the 27th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to change the provisions

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JOURNAL OF THE SENATE

relating to the maintenance of securities deposits; to change the provisions relat ing to the maintenance of loss reserves. Referred to Committee on Insurance.
SB 694. By Senator Howard of the 42nd:
A bill to amend Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assis tance Act of 1977," so as to provide for limitations upon certain allowable costs which may be reimbursed; to provide an effective date. Referred to Committee on Human Resources.
SR 410. By Senators Scott of the 2nd, Coleman of the 1st and Kennedy of the 4th:
A resolution authorizing and encouraging negotiations to acquire certain real property located in Chatham County, Georgia. Referred to Committee on Public Utilities.
The following bills of the House were read the first time and referred to committees:
HB 1212. By Representatives Thompson of the 20th, Walker of the 115th, and Lee of the 72nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in pub lic schools and regulation by the State Board of Education, so as to modify cer tain qualifications of certificated personnel needed in order to qualify for an ex emption from the completion of an assessment to demonstrate satisfactory onthe-job performance. Referred to Committee on Education.
HB 1240. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the exemptions from the re quirement of a license to engage in the business of selling or issuing checks; to provide for definitions. Referred to Committee on Banking and Finance.
HB 1261. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study. Referred to Committee on Education.
HB 1441. By Representatives Walker of the 115th and Lee of the 72nd:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils. Referred to Committee on Education.

WEDNESDAY, FEBRUARY 7, 1990

785

HB 1457. By Representatives Martin of the 26th and Richardson of the 52nd:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change substantially the conditions under which the department may grant variances and waivers to rules and regulations establishing standards for certain facilities; to provide that such variances may be granted if strict compliance would cause hardship.
Referred to Committee on Human Resources.
HB 1459. By Representatives Pettit of the 19th, Mobley of the 64th, Thomas of the 69th and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to change the provisions relating to the definition of certain terms; to provide for the designation and additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sales of certain low priced designated securities; to provide for additional training for certain designated salesmen.
Referred to Committee on Banking and Finance.
HB 1504. By Representatives Dobbs of the 74th, Twiggs of the 4th, Dover of the llth and others:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to change the time limit within which an insured can give notice of a claim before such notice requirements may be satisfied by a third party injured in an accident involving the insured and having a claim against the insured; to change certain dates.
Referred to Committee on Insurance.
HB 1540. By Representatives Coleman of the 118th, Crosby of the 150th, Royal of the 144th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of prop erty, so as to require county governing authorities to publish annual reports con taining the millage rate and assessed taxable value of certain property subject to certain taxation for the coming fiscal year and the immediately preceding five fiscal years.
Referred to Committee on Banking and Finance.
HB 1591. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Elec tion Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct.
Referred to Committee on Judiciary.
HB 1639. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Em ployees Benefit System to the Georgia Municipal Employees Benefit System.
Referred to Committee on Retirement.

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JOURNAL OF THE SENATE

HB 1174. By Representative Lane of the 27th:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for investment authority for such board and con trol of investments. Referred to Committee on Urban and County Affairs.
HB 1582. By Representatives Lupton of the 25th, Martin of the 26th, Townsend of the 24th and others: A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court.
Referred to Committee on Urban and County Affairs.
HB 1634. By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th and others: A bill to provide for the determination of the millage rate by the governing au thorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County.
Referred to Committee on Urban and County Affairs.
HB 1668. By Representative Reaves of the 147th: A bill to provide for the compensation and expenses of the Board of Education of Brooks County.
Referred to Committee on Urban and County Affairs.
HB 1670. By Representative Harris of the 84th: A bill to create a board of elections and registration for McDuffie County.
Referred to Committee on Urban and County Affairs.
HB 1684. By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 1687. By Representative Pettit of the 19th: A bill to amend an Act creating a new charter for the City of Emerson, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1694. By Representatives Breedlove of the 60th, Lawson of the 9th, Wall of the 61st and others: A bill creating the board of commissioners of Gwinnett County, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services.
Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 7, 1990

787

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

Mr. President:

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

SB 637. Do pass. SB 663. Do pass.

HB 1232. Do pass. HB 1554. Do pass.

Respectfully submitted,

Senator Ray of the 19th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 468. Do pass.
SB 628. Do pass.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 1426. Do pass as amended.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

Mr. President:

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

SB 503. Do pass by substitute. SB 577. Do pass. SB 632. Do pass.

SB 640. Do pass. HB 1214. Do pass.

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 Senate and has instructed me to report the same back to the Senate with the following recommendation:

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JOURNAL OF THE SENATE

SB 422. 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 bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 605. Do pass by substitute. SB 606. Do pass by substitute. SR 394. Do pass.

SR 393. Do pass. SR 361. Do pass.

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 374. Do pass. SR 395. Do pass. SR 408. 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 Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 626. Do pass. SB 602. Do pass. SB 430. 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 of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 685. HB 1439. HB 1489. HB 1576.

Do pass. Do pass as amended. Do pass. Do pass.

HB 1586. Do pass. HB 1636. Do pass. HB 1645. Do pass.

WEDNESDAY, FEBRUARY 7, 1990

789

Respectfully submitted,
Senator Harris of the 27th District, Chairman
The following bills and resolutions of the Senate and House were read the second time:
SB 490. By Senator Foster of the 50th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions as to motors to be used on cer tain lakes, so as to prohibit the operation of certain vessels on Lake Burton, Lake Rabun, and Seed Lake.
SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources.
SB 558. By Senator Allgood of the 22nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification and classification of professional personnel employed in the public schools of Georgia, so as to change the provisions relating to the fee charged for the renewal of certificates.
SB 563. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire.
SB 568. By Senator Foster of the 50th:
A bill to amend Code Section 50-12-41, relating to the creation of the Georgia State Games Commission, so as to provide that such commission shall be as signed to the Department of Natural Resources for administrative purposes only.
SB 622. By Senators Foster of the 50th and Dean of the 31st:
A bill to amend Code Section 20-4-31 of the Official Code of Georgia Annotated, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, so as to provide that full-time adult education personnel who have previously become or hereafter become em ployees of said department shall be granted an amount of initial accrued sick and annual leave.
SB 654. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Anno tated, relating to conflicts of interest in zoning actions, so as to revise said chap ter; to provide for definitions; to provide for disclosure of certain financial inter ests by local government officials and for additional requirements in connection therewith; to provide for the disclosure of certain campaign contributions to local government officials; to provide for penalties.

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JOURNAL OF THE SENATE

SB 660. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Industrial Finance Authority as a body corporate and politic, which shall be deemed to be an instrumentality of the state and a public corporation; to provide for a short title; to provide for legislative findings and intent; to provide for definitions.
SB 661. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Code Section 20-2-201 of the Official Code of Georgia Annotated, relating to certain course requirements in teacher preparation programs, so as to provide for a limit on course work in the subject area of education.
SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th, Barker of the 18th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention.
SB 678. By Senator Kidd of the 25th:
A bill to amend Code Section 30-3-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to handicap access to public facilities, so as to provide that the provisions of Chapter 3 of Title 30, relating to handicap access to public facilities, shall apply to certain multifamily dwellings constructed for first occupancy after March 13, 1991.
SR 341. By Senators Bowen of the 13th, Broun of the 46th, Turner of the 8th and Kidd of the 25th:
A resolution creating the Senate Legislative Process Study Committee.
SR 360. 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.
SR 380. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1990, as "Motorcycle Awareness and You Month" in Georgia.
SR 384. By Senators Tate of the 38th, Foster of the 50th and Ray of the 19th:
A resolution creating the Senate Study Committee on Minority Educators in the Public Schools.
SR 386. By Senators Scott of the 2nd, Coleman of the 1st, Hammill of the 3rd and Ken nedy of the 4th:
A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to remove irrevocably such property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection.

WEDNESDAY, FEBRUARY 7, 1990

791

SR 387. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance loans to, and the acquisition of loans made by others to, businesses to encourage economic development in the state as provided by general law; to provide for the submission of this amend ment for ratification or rejection.
SR 397. By Senators Fincher of the 54th, Ragan of the 10th, Ragan of the 32nd and others:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance revenue-producing educational facilities or the renovation of such facilities of the Board of Regents of the Uni versity System of Georgia; to provide for the submission of this amendment for ratification or rejection.
HB 1167. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of cer tain pauper's affidavits and certain municipal pauper's affidavits; to change cer tain provisions relating to certification of political party candidates.
HB 1172. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system.
HB 1231. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and the University System of Geor gia, so as to provide for comprehensive provisions to create a drug-free environ ment in Georgia's public colleges and universities; to provide a short title.
HB 1313. By Representatives Smyre of the 92nd, Buck of the 95th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Public Telecommunications Commission as a body corporate and politic which shall be deemed to be a public corporation and an instrumentality of the State of Georgia.
HB 1470. By Representatives Colwell of the 4th, Twiggs of the 4th, Irwin of the 13th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate "The Reach of Song" as the official state historic drama.

792

JOURNAL OF THE SENATE

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

Albert Allgood Baldwin Barker Barnes
owen BBBu/raornutonnnon Qav Coleman Collins Deal Dean Echols Egan

English Engrain Fincher Foster Garner
Hammill HHuoawrriasrd, Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Parker Perry Phillips Pollard
Ragan of 10th RR,,aayg5an of 32nd Scott of 2nd Shumake Starr Stumbaugh Timmons Turner Tysinger

Those not answering were Senators:

Dawkins Edge Fuller Gillis

Langford Peevy Scott of 36th

Tate Taylor Walker

Senator Broun of the 46th introduced the chaplain of the day, Reverend Robert F. Williams, pastor of Pleasant Grove Baptist Church, Villa Rica, Georgia, who offered scrip ture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 411. By Senator Brannon of the 51st: A resolution expressing regret at the passing of Mr. James Padgett.

SR 412. By Senator Kennedy of the 4th: A resolution commending Esther Pruett.

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

SENATE LOCAL CONSENT CALENDAR
Wednesday, February 7, 1990
TWENTY-SECOND LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 685 Bowen, 13th Irwin County
Changes the provisions relating to the compensation of the deputy sheriffs employed by the sheriff of Irwin County; provides for the appointment of deputy sheriffs under certain conditions.

WEDNESDAY, FEBRUARY 7, 1990

793

*HB 1439

Barker, 18th Houston County City of Perry
Creates the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Perry, Georgia. (AMENDMENT)

HB 1489 Barnes, 33rd Newbill, 56th Ragan, 32nd Clay, 37th Cobb County
Authorizes the appointment of a second judge of the Juvenile Court of Cobb County.

HB 1576 Ragan, 10th Decatur County
Authorizes the creation and funding of an enhanced emergency telephone number 911 system special district within the boundaries of Decatur County.

HB 1586 Brannon, 51st Clay, 37th Cherokee County
Provides that neither the chairman nor any commissioner shall be qualified for election to any position the term of office of which begins more than 30 days prior to the expiration of such chairman's or commissioner's present term of office.

HB 1636 Timmons, llth Mitchell County
Authorizes the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Mitchell County.

HB 1645 Garner, 30th Dean, 31st Carroll County City of Bremen
Changes certain provisions relating to terms of office for members of the board of education of the City of Bremen.

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

*HB 1439:

The Senate Committee on Urban and County Affairs offered the following amendment:

"fourA"m. end HB 1439 by striking "five" from line 24 of page 1 and inserting in its place

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to as amended.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English

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

Olms tead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Dawkins Land

McKenzie Parker Peevy

Scott of 36th Shumake Starr

On the passage of all the locals bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 1439, having received the requisite constitutional majority, were passed.

HB 1439, having received the requisite constitutional majority, was passed as amended.

Senator Garner of the 30th moved that the following resolution of the Senate be with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations:

SR 329. By Senators Garner of the 30th, Harris of the 27th, Timmons of the llth and others:
A resolution proposing an amendment to the Constitution so as to provide that no county or municipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expendi ture of funds except under certain conditions; to provide that except under cer tain conditions the General Assembly may not enact, amend, or repeal any gen eral law if the anticipated effect of doing so would be to reduce the authority that counties and municipalities have to raise revenues; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 329 was with-

WEDNESDAY, FEBRUARY 7, 1990

795

drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations.
SENATE RULES CALENDAR
Wednesday, February 7, 1990
TWENTY-SECOND LEGISLATIVE DAY
SB 502 Certain State Employees--random drug testing (Substitute) (Judy--14th) SB 584 Commercial Driver's License Act--school bus not commercial (I&L--7th)
HB 1288 Appropriations, 1989-90--change (Substitute) (Approp--44th)
SB 585 Commercial Driver's License Act--nonprofit organization vehicle not commercial (I&L--7th)
SB 650 Condominium Maintenance Fees--prohibit certain increases (C Aff--2nd) HB 1282 Mortgages--electric membership corporations encumber certain property by
deeds to secure debt (I&L--2nd)
HB 1296 Board of Registration for Used Motor Vehicle Dismantlers, Salvage Deal ers--continue (I&L--28th)
HB 876 General Assembly--automatically adjourn Fridays, reconvene Mondays (Substi tute) (Rules--25th)
SB 305 Interior Designers--license, regulate (Substitute) (Amendment) (Gov Op--25th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 502. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees.
The Senate Committee on Judiciary offered the following substitute to SB 502:
A BILL
To be entitled an Act to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees; to provide for powers, duties, and authority of certain state agency or department heads with respect to the foregoing; to provide for powers, duties, and authority of the State Personnel Board and the commissioner of personnel administration with respect to the foregoing; to provide for the effect of positive test results; to provide for the effect of refusal to provide certain body fluids; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to

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JOURNAL OF THE SENATE

personnel administration, is amended by adding a new article at the end thereof describing random drug testing, to be designated Article 5, to read as follows:
"ARTICLE 5
45-20-90. As used in this article, the term:
(1) 'Employee' means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority and shall include all such certified employees whether or not such certified employees are covered by the rules and regulations of the State Personnel Board. 'Employee' shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency.
(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Work place Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources.
(3) 'High-risk work' means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public.
(4) 'Illegal drug' means marijuana as defined in paragraph (16) of Code Section 16-1321, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-1321, as amended; a dangerous drug as defined in Code Section 16-13-71, as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term 'illegal drug' shall not include any drug when used pursuant to a valid medical pre scription or when used as otherwise authorized by state or federal law.
45-20-91. (a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs.
(b) The head of each state agency, department, commission, board, bureau, or authority shall determine those positions and groups of positions whose occupants regularly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general pub lic. This Code section shall not be construed to include employees who do not regularly perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work. With regard to positions covered under the classified ser vice of the State Merit System of Personnel Administration, the department head shall con sult with the commissioner of personnel administration before making such determination and shall notify the commissioner of any such determination.
45-20-92. (a) For employees in the classified service of the State Merit System of Per sonnel Administration, the State Personnel Board shall adopt rules to establish:
(1) The portion of employees in the high-risk work group that may be selected at ran dom for testing at each testing period;
(2) Methods for assuring that employees are selected for testing on a random basis;
(3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens;
(4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; and
(5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information.
and shall adopt such other rules as it may deem appropriate to carry out the purposes of

WEDNESDAY, FEBRUARY 7, 1990

797

this article. The board may, in its discretion, delegate to the commissioner of personnel administration such authority as appropriate to carry out the purposes of this article.
(b) For all other employees, the department or agency head shall adopt policies to establish:
(1) The portion of employees in the high-risk work group that may be selected at ran dom for testing at each testing period;
(2) Methods for assuring that employees are selected for testing on a random basis;
(3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens;
(4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; and
(5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information.
and shall adopt such other policies as such department or agency head may deem appropri ate to carry out the purposes of this article.
(c) The commissioner shall establish and maintain a list of those laboratories qualified to conduct established drug tests and shall determine which illegal drugs will be the subject of testing; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds to its urine testing program a minimum of 10 percent blind test specimens.
45-20-93. (a) Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment.
(b) Any employee who refuses to provide body fluid, when requested to do so in accor dance with the random drug testing conducted pursuant to this article and administrative rules and regulations promulgated under this article, shall be terminated from his or her employment."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Broun Burton Clay Collins Deal Dean Echols

Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard

Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Perry Phillips Pollard Ragan of 10th

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JOURNAL OF THE SENATE

Ragan of 32nd Ray Scott of 2nd

Starr Stumbaugh Taylor

Turner Tysinger Walker

Those voting in the negative were Senators:

Langford

Shumake

Tate

Parker

Those not voting were Senators:

Baldwin Brannon Coleman

Dawkins Peevy

Scott of 36th Timmons

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

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

SB 584. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th and others:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition.

Senator Collins of the 17th offered the following amendment:

Amend SB 584 by adding a new section on page 2 after line 25 as follows:
"In no case involving commercial driver's license shall the fee for such license exceed $15.00 for the application and $35.00 for the license for a total of $50.00."; and by renum bering Section 2 as Section 3.

On the adoption of the amendment, the yeas were 23, nays 14, 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 Collins Dawkins Dean Echols Edge Egan

English Engram Fincher Foster Fuller Garner 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 Starr Stumbaugh Tate

WEDNESDAY, FEBRUARY 7, 1990

799

Taylor Timmons

Turner Tysinger

Walker

Voting in the negative were Senators Coleman and Deal.

Not voting was Senator Shumake.

On the passage of the bill, the yeas were 53, nays 2.

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

Senator Burton of the 5th introduced the doctor of the day, Dr. Kenneth Hoose, of Decatur, Georgia.

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

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

SB 585. By Senators Perry of the 7th, Turner of the 8th, Echols of the 6th and others:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition.

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 Clay Collins Dawkins Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner Gillis Howard Huggins Johnson Kidd Land Langford Newbill Parker Peevy

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

Those voting in the negative were Senators:

Allgood Coleman

Hammill

Scott of 2nd

Those not voting were Senators:

Barker Harris

Kennedy (presiding) McKenzie

Olmstead Shumake

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On the passage of the bill, the yeas were 46, nays 4.

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

SB 650. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to provide for conditions with respect to the imposition of certain special assessments; to prohibit certain in creases regarding monthly maintenance fees; to provide for the holding of associ ation meetings upon written request of certain unit owners.

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 Dawkins Deal Dean Echols Edge

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

Kennedy (presiding) Langford McKenzie

Newbill Olmstead Shumake

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

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

HB 1282. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article.
Senate Sponsor: Senator Scott of the 2nd.

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

WEDNESDAY, FEBRUARY 7, 1990

801

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

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan Engram

Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land Langford 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 Brannon Dawkins English

Harris Kennedy (presiding) McKenzie

Newbill Olmstead Shumake

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

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

HB 1296. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Deal ers Registration Act," so as to continue the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers but provide for a later termination of the board and the repeal of the laws relating thereto.
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 Barnes Bowen Brannon Burton Clay Coleman

Collins Dawkins Deal Dean Echols Edge Egan English Engram

Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson

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JOURNAL OF THE SENATE

Kidd Land
parker PerTM Phillips Pollard

Ragan of 32nd Ray
Scott of 2nd Scott of 36th Starr Stumbaugh

Tate Taylor
Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Broun
Harris Kennedy (presiding)

Langford McKenzie Newbill

Olmstead Ragan of 10th Shuraake

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

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

The following general bill of the House, having been read the third time on January 8 and committed to the Senate Committee on Rules, and favorably reported by the commit tee, was put upon its passage:

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.
Senate Sponsor: Senator Kidd of the 25th.

Senator Allgood of the 22nd moved that HB 876 be postponed until the next legislative day, February 8.

On the motion, the yeas were 33, nays 2; the motion prevailed, and HB 876 was post poned until February 8.

The President resumed the Chair.

The following general bill of the Senate, having been withdrawn from the Senate Com mittee on Industry and Labor on January 9, 1990, and committed to the Senate Committee on Governmental Operations, favorably reported by the committee, read the third time on February 2 and postponed until February 7, was put upon its passage:

SB 305. By Senators Kidd of the 25th, Walker of the 43rd, Scott of the 2nd and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of interior designers; to provide for declaration of purpose; to define certain terms; to establish the Georgia State Board of Registered Interior Designers and provide for its membership, powers, duties and compensation.

WEDNESDAY, FEBRUARY 7, 1990

803

The Senate Committee on Governmental Operations offered the following substitute to SB 305:
A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing and regulation of interior designers; to provide for declaration of purpose; to define certain terms; to establish the Georgia State Board of Registered Interior Designers and provide for its membership, powers, duties, and compensation; to provide for a seal and records of such board; to pro vide for the qualifications and standards for licensing of registered interior designers; to provide for injunctive relief; to provide for interim licenses and temporary licenses; to pro vide certificates for registered interior designers who are licensed and the display of such certificates; to provide for censure of licensees and for revocation or suspension of licenses; to provide for applicability of the "Georgia Administrative Procedure Act"; to restrict the practice of interior design by corporations or partnerships; to provide for applicability of this Act with respect to registered architects and registered professional engineers; to pro hibit persons from engaging in the practice of interior design without a license; to provide a penalty; to provide exceptions; to provide for termination; 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. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding following Chapter 21 thereof a new chapter to read as follows:
"CHAPTER 21A
43-21A-1. The General Assembly finds that the licensing and regulation of the practice of interior design is necessary to protect public health, safety, and welfare.
43-21A-2. As used in this chapter, the term:
(1) 'Board' means the Georgia State Board of Registered Interior Designers.
(2) 'NCIDQ' means the National Council for Interior Design Qualifications.
(3) 'Practice of interior design" means the rendering or offering to render services in connection with the interior design of any building or the interior design or alterations or additions thereto. Such services shall include consulting, planning, analysis, preliminary studies, designs, drawings and specifications, administration of interior construction and furnishings contracts, and any other functions in connection with such services.
(4) 'Registered interior designer' means a person who is licensed pursuant to this chap ter to practice interior design, which licensing requires compliance with life safety and ac cessibility and other applicable codes. For the purposes of improving the quality of life, increasing productivity, and protecting the health, safety, and welfare of the people of Geor gia, a registered interior designer shall analyze needs, goals, and life and safety require ments; integrate findings with knowledge of interior design; formulate preliminary design concepts that are appropriate, functional, and aesthetic; develop and present final design recommendations through appropriate presentation media; prepare working drawings and specifications for nonload-bearing interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment; coordinate projects with professional services of other licensed practitioners as required for regulatory approval; prepare and administer bids and contract documents as an agent of a client; and review and evaluate design solutions after the completion of projects.
43-21A-3. (a) The Georgia State Board of Registered Interior Designers is created and shall be under the jurisdiction of the Secretary of State and the joint-secretary. The board shall be composed of five members, each of whom shall be appointed by the Governor. Four of the five members shall be residents of this state who have successfully completed the NCIDQ examination, are registered interior designers under this chapter, and are actively

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engaged in the practice of interior design. The fifth member of the board shall be a resident of this state and shall have no connection whatsoever with the practice of interior design.
(b) The members of the initial board shall be appointed as follows: the public member and one other member shall be appointed to three-year terms; two members shall be ap pointed to two-year terms; and one member shall be appointed to a one-year term. Upon the expiration of the term of office of each member of the initial board, a successor shall be appointed for a term of three years, and all succeeding appointments made under this sub section shall be for three-year terms. Any interior designer appointed as a member of the board prior to July 1, 1990, shall not be required to be licensed under this chapter at the time of appointment but must become so licensed within 12 months following appointment.
(c) Members of the board shall serve until their successors are appointed and qualified. Vacancies on the board shall be filled by appointment of the Governor in the same manner as provided in subsection (a) of this Code section for the unexpired term of the member creating such vacancy.
(d) The board shall select from its members a chairman.
(e) The board may do all things necessary and convenient for its own government and for carrying into effect the provisions of this chapter and may promulgate necessary rules and regulations to carry out the provisions of this chapter, including but not limited to regulations governing the professional conduct and ethics of persons licensed by the board and requiring continuing education as a condition for license renewal. Except as otherwise provided in this chapter, an applicant shall achieve a passing score on the NCIDQ examina tion or an examination deemed by the board to be the equivalent thereof. The board shall be authorized to meet as often as necessary in order to conduct its business, but in no event shall the board meet less than twice during every calendar year.
(f) The board shall keep a registry of registered interior designers, including their known places of business and residences. The filing, recording, and renewal of all examina tion papers and other evidence of qualifications submitted by each applicant shall be filed with the board through the joint-secretary's office, and the joint-secretary shall keep a rec ord, open to public inspection at all reasonable times, of the proceedings of the board relat ing to the issuance, refusal, renewal, suspension, and revocation of licenses.
(g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-21A-4. (a) The board shall adopt a seal, which may be either an engraved or an ink stamped seal, with the words 'Board of Registered Interior Designers, State of Georgia' or such other device as the board may desire included thereon, by which it shall authenticate the acts of the board.
(b) Copies of all records and papers in the office of the board, certified by the signature of the chairman of the board, shall be received in evidence in all cases equally and with like effect as the originals.
43-21A-5. The board shall have the full power to regulate the issuance of licenses, to deny, revoke, or suspend licenses issued under this chapter, and to censure licensees.
43-21A-6. (a) On and after January 1, 1990, no person shall perform or offer, attempt, or agree to perform any act which would constitute the practice of interior design, as defined in paragraph (3) of Code Section 43-21A-2, whether as a part of a transaction or as an entire transaction, unless such person has received a license as a registered interior designer pursu ant to this chapter.
(b) The commission of a single act by a person required to be licensed under this chap ter and who is not so licensed shall constitute a violation of this chapter.
(c) Notwithstanding any provisions for criminal liability, any person who, without pos sessing a valid, unsuspended, unrevoked license as provided in this chapter, uses the title or term 'registered interior designer' in any sign, card, listing, advertisement, or in any other

WEDNESDAY, FEBRUARY 7, 1990

805

manner that would imply or indicate that he is a registered interior designer as defined in paragraph (4) of Code Section 43-21A-2 may be enjoined from using such title or term in such manner.
43-21A-7. Any person desiring to act as a registered interior designer must file an appli cation for a license with the board. The application shall be in such form and detail as the board shall prescribe.
43-21A-8. (a) Each applicant for a license as a registered interior designer shall:
(1) Be at least 21 years of age;
(2) Pay any required fees; and
(3) Successfully pass the NCIDQ examination or the licensing examination established by the board pursuant to subsection (e) of Code Section 43-21A-3, unless exempt therefrom by subsection (c) of this Code section.
(b) Each applicant for a license as a registered interior designer shall be eligible to take a licensing examination only upon:
(1) Payment of any required examination fee; and
(2) Submission of satisfactory evidence of having successfully met the following requirements:
(A) Graduation from a five-year interior design program at an institution recognized by the board and at least one year of diversified interior design experience as determined by the board;
(B) Graduation from a four-year interior design program at an institution recognized by the board and at least two years of diversified interior design experience as determined by the board;
(C) Completion of at least three years of an interior design curriculum at an institution recognized by the board and at least three years of diversified interior design experience as determined by the board;
(D) Graduation from a two-year interior design program at an institution recognized by the board and at least four years of diversified interior design experience as determined by the board; or
(E) Completion of not less than six years of diversified interior design experience as determined by the board.
(c) Any person who submits to the board satisfactory evidence of having successfully passed the NCIDQ examination before 1990 or any equivalent examination so recognized by the board will be given an interim license which must be replaced by a permanent license within two years from the date of issuance. Interim licenses shall not be renewed. The appli cant shall be eligible to apply for a permanent license upon successful passage of additional testing on life safety and accessibility codes as determined by the board.
(d) Any person who submits to the board satisfactory evidence of meeting the eligibility requirements for taking the NCIDQ examination will be given an interim license. This in terim license must be replaced within two years from the date of issuance with a permanent license. Interim licenses shall not be renewed. An applicant shall be eligible to apply for a permanent license upon successful passage of the licensing examination.
(e) Any person who submits to the board satisfactory evidence that he or she was regu larly engaged in the practice of interior design as defined in paragraph (3) of Code Section 43-21A-2, either on his or her own account or in the cause of regular employment in Georgia for six years immediately preceding the effective date of this chapter, and otherwise meets the requirements of this chapter shall be given an interim license by the board. No such interim license shall be granted unless an application is filed with the board within one year of the effective date of this chapter. Such interim license must be replaced by a permanent

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license within two years from the date of issuance. Interim licenses shall not be renewed. Any person given an interim license under the provisions of this subsection shall be eligible to apply for a permanent license upon successful passage of a codes test devised and con ducted by the board.
43-21A-9. (a) If the applicant successfully passes the examination and is otherwise qual ified for licensing as a registered interior designer, the board shall, upon payment of a fee to be determined by the board, issue a license to the applicant, which shall be valid for up to two years and shall be renewable biennially. All licenses shall expire on the renewal date established by the joint-secretary. The biennial license renewal fees shall be in an amount established by the board.
(b) Any check presented to the board as a fee for either an original or renewal license which is returned unpaid shall be cause for revocation or denial of the license.
43-21A-10. Any interior designer who is duly licensed or registered in any other state or country may be issued a temporary license as a registered interior designer for a stipulated site and project within this state, not to exceed one year, provided that such person presents evidence satisfactory to the board that such person has passed the NCIDQ examination and pays a fee to be determined by the board for such a temporary license.
43-21A-11. (a) The board shall provide a certificate of registration to each interior de signer licensed under this chapter. The board shall prescribe the form of certificate issued. The certificate shall have placed thereon the seal of the board. It shall be the duty of the registered interior designer to display such certificate conspicuously for public viewing.
(b) The seal and signature of a registered interior designer or architect shall be required for permitting of nonload-bearing construction and finishes of interior spaces of buildings where compliance with life safety and accessibility codes is required. This seal shall be af fixed to all documentation, including partition plans indicating types and locations of nonload-bearing partitions and doors; reflected ceiling plans and electrical and communication outlet plans, indicating types and locations of fixtures, outlets, and switch locations; finish plans indicating types and locations of wall, floor, and ceiling materials and finishes; millwork details indicating types, design, and location of cabinetwork, trim, and moldings; and furniture, fixture, and equipment plans indicating their types and locations.
(c) A registered interior designer shall not seal or sign documents pertaining to the design or engineering of structural, mechanical, plumbing, fire protection, or electrical systems.
43-21A-12. The board may, upon its own motion, and shall, upon the complaint in writ ing of any person, initiate investigations into the actions of any registered interior designer and shall have the power to censure the licensee or to revoke or suspend any license issued under this chapter as provided in Code Section 43-1-19 or whenever the board concludes that the licensee has violated any provision of this chapter or whenever the board has deter mined that the licensee:
(1) Has, in the practice of interior design, been guilty of fraud, deceit, negligence, or incompetence; or
(2) Has affixed his signature or seal to plans, drawings, specifications, or other instru ments of service which have not been prepared by the licensee or under the immediate and responsible direction of the licensee or has assisted any person who is not a registered inte rior designer to evade the provisions of this chapter.
43-21A-13. Any action taken by the board with respect to any license issued under this chapter shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-21A-14. No firm, partnership, corporation, or similar organization shall be licensed as registered interior designers. Firms, partnerships, and corporations may practice interior design, as defined by this chapter, and perform the services enumerated in this chapter common to the practice of interior design, provided that all such work and services are

WEDNESDAY, FEBRUARY 7, 1990

807

performed under the personal direction of an interior designer registered in this state; pro vided, however, that the administration of interior construction contracts shall be under the personal direction of the registered interior designer and that such plans, drawings, and specifications shall be prepared under the personal direction of such registered interior de signer and bear his individual signature and seal.
43-21A-15. Whenever, in the judgment of the board, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney Gen eral may bring an action in the name of the state to abate and temporarily or permanently enjoin such acts and practices and to enforce compliance with this chapter. The board shall not be required to give bond in any such action.
43-21A-16. Nothing in this chapter shall be construed as excluding a qualified registered architect or a qualified registered professional engineer from the practice of interior design.
43-21A-17. (a) Except as otherwise provided in this chapter, this chapter shall not apply to:
(1) Any person employed by a firm in the business of selling or providing, either on a wholesale or retail basis, interior materials, equipment, furnishings, or furniture, except where such person is required to comply with life safety and accessibility codes;
(2) Any person performing interior design services under the direct supervision and control of a licensee;
(3) Any person preparing details, drawings, including shop drawings, renderings, and specifications for use in the fabrication, procurement, or installment of interior materials, equipment, furnishings, or furniture;
(4) Any person implementing designs, drawings, or specifications prepared by a licensee;
(5) Any person or firm providing advice and services pertaining only to the selection or arrangement of furniture or furnishings, as long as such person or firm in so doing does not provide advice or services which pertain to compliance with the provisions of any life safety or accessibility codes in effect in this state; or
(6) Any person performing interior design services solely for the government of the State of Georgia.
(b) None of the persons mentioned in subsection (a) of this Code section shall use the title 'registered interior designer' without complying with this chapter.
43-21A-18. (a) On and after July 1, 1990, any person practicing as a registered interior designer or representing himself or herself to be a registered interior designer or acting as such when such person does not have a valid license as required by this chapter shall be guilty of a misdemeanor.
(b) Any person who violates any other provision of this chapter shall be guilty of a misdemeanor.
43-21A-19. For the purposes of Chapter 2 of this title, the Georgia State Board of Reg istered Interior Designers shall be terminated on July 1, 1996, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the dates specified in Code Section 43-2-8."
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 Tysinger of the 41st offered the following amendment:
Amend the substitute to SB 305 offered by the Committee of Governmental Operations by starting on line 30 page 6 to line 18 page 7 strike, and insert:
"Graduation from an accredited school of Interior Design as provided by the University of Georgia."
and page 9 lines 19 & 20 strike:
"a registered interior designer or".
Senator Kidd of the 25th moved that SB 305 be committed to the Senate Committee on Governmental Operations.
On the motion the yeas were 43, nays 0; the motion prevailed, and SB 305 was commit ted to the Senate Committee on Governmental Operations.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.
Senate Sponsor: Senator Starr of the 44th.
The Senate Committee on Appropriations offered the following substitute to HB 1288:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act", approved April 18, 1989 (Ga. L. 1989, p. 1492), so as to change certain appropriations for the State Fiscal Year 1989-1990; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1989-1990, as amended, known as the "General Appropriations Act" approved April 18, 1989 (Ga. L. 1989, p. 1492), is further amended by striking everything following the enacting clause through Section 78, and by substituting in lieu thereof the following:
"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, including unappropriated surplus, reserves and a revenue estimate of $7,407,000,000 for State Fiscal Year 1990.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch. ................................... $21,267,336 Personal Services--Staff ......................................... $10,513,000 Personal Services--Elected Officials ................................ $3,427,649 Regular Operating Expenses....................................... $2,094,900 Travel--Staff ...................................................... $112,200

WEDNESDAY, FEBRUARY 7, 1990

809

Travel--Elected Officials.................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts--Staff ...................... Per Diem, Fees and Contracts--Elected Officials ............ Photography ............................................. Expense Reimbursement Account.......................... Capital Outlay ........................................... Total Funds Budgeted.................................... State Funds Budgeted ....................................

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office

Total Funds

$ 4,031,903

$

576,073

Secretary of the Senate's Office

$ 1,052,815

Total

$ 5,660,791

House Functional Budgets

Total Funds

House of Representatives and Research Office
Speaker of the House's Office

8,271,104 423,399

Clerk of the House's Office Total

1,111,762 9,806,265

Joint Functional Budgets

Total Funds

Legislative Counsel's Office Legislative Fiscal Office

2,033,514 1,919,437

Legislative Budget Office

786,181

Ancillary Activities Total

1,061,148 5,800,280

..... $7,000 .... $--0--
. $231,000 . $369,000
.... $65,100 . . $664,000 . . . $386,259
$2,204,228 . $65,000 . . $1,128,000
.... $--0--
$21,267,336 $21,267,336

State Funds 4,031,903 576,073
1,052,815 5,660,791

State Funds

$ 8,271,104

$

423,399

$ 1,111,762

$ 9,806,265

State Funds 2,033,514 1,919,437 786,181 1,061,148 5,800,280

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

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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 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 ................................ $14,106,131 Operations Budget: Personal Services................................................ $12,012,877 Regular Operating Expenses......................................... $341,610 Travel ............................................................ $800,000 Motor Vehicle Purchases............................................. $11,000 Equipment ......................................................... $23,750 Per Diem, Fees and Contracts ........................................ $25,500 Real Estate Rentals ................................................ $517,628 Computer Charges ................................................. $323,209 Telecommunications ................................................. $50,557 Total Funds Budgeted ........................................... $14,106,131 State Funds Budgeted ........................................... $14,106,131
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,210,943
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,216,026
Section 5. Superior Courts, Budget Unit: Superior Courts ...................................... $39,445,788 Operation of the Courts ......................................... $37,695,444 Prosecuting Attorneys' Council ...................................... $692,233 Sentence Review Panel ............................................. $126,479 Council of Superior Court Judges ..................................... $85,425 Judicial Administrative Districts ..................................... $831,207 Habeas Corpus Clerk ................................................ $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 ................. $619,328

WEDNESDAY, FEBRUARY 7, 1990

811

Institute's Operations............................................... $437,000 Georgia Magistrate Courts Training Council .......................... $182,328
Section 8. Judicial Council. Budget Unit: Judicial Council....................................... $1,854,239 Council Operations ................................................. $829,262 Payments to Judicial Administrative Districts for Case Counting ........................................ $73,500 Board of Court Reporting ............................................ $30,355 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 ........................................ $231,132 Payment to Computerized Information Network ...................... $633,990
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................ $112,242
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council .............................. $1,000,000 Grants ............................................................ $950,000 Operations.......................................................... $50,000
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of Administration Services ............... $45,034,707
Administration and Services Budget: Personal Services................................................ $46,443,227 Regular Operating Expenses...................................... $10,157,106 Travel ............................................................ $341,800 Motor Vehicle Purchases............................................ $426,000 Equipment ...................................................... $2,119,906 Computer Charges ............................................... $9,311,581 Real Estate Rentals .............................................. $3,545,328 Telecommunications ................................................ $904,605 Per Diem, Fees and Contracts ..................................... $1,337,060 Rents and Maintenance Expense ................................. $16,169,500 Utilities ............................................................ $37,900 Payments to DOAS Fiscal Administration .......................... $2,000,000 Direct Payments to Georgia Building Authority for Capital Outlay ................................................. $1,000,000 Direct Payments to Georgia Building Authority for Operations ................................................. $3,260,000 Telephone Billings .............................................. $36,494,172 Materials for Resale ............................................. $13,000,000 Public Safety Officers Indemnity Fund ............................... $608,800 Health Planning Review Board Operations ............................ $40,000 Georgia Golf Hall of Fame Operations ................................ $30,000 Authorities Liability Reserve Fund. ................................... $--0-- Grants to Counties ............................................... $2,600,000 Grants to Municipalities .......................................... $4,200,000 Total Funds Budgeted .......................................... $154,026,985 State Funds Budgeted ........................................... $45,034,707

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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

$ 6,726,013

$ 17,339,145

12,762,042 2,926,504

681,221

572,247 51,300,540 4,018,049 46,187,199 6,694,476 1,567,948
949,833 1,871,072 154,026,985

State Funds

$

430,696

$ 6,695,948

$ 15,339,145

$

--0--

$ 2,926,504

$

--0--

$

572,247

$ 13,220,167

$

--0--

$ 5,850,000

$

--0--

$

$

--0--

$

--0--

$ 45,034,707

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--
$19,882,891 . $4,953,819 ... $22,750 . . . $238,500 . . . $220,775
. . $96,000 . $10,800 . $138,600 . . $164,800 . $260,000 $8,166,638 $190,000 .... $--0-- . . $--0--
$34,345,573 .... $--0--

Grounds Custodial Maintenance Security Van Pool Sales

Georgia Building Authority Functional Budgets Total Funds 1,950,197 5,117,756 5,101,654
$ 5,088,928 301,103
4,723,888

State Funds
--0-- --0--

WEDNESDAY, FEBRUARY 7, 1990

813

Administration Railroad Excursions Facility Renovations Total

$ 11,176,672 $

$

885,375 $

$

--0-- $

$ 34,345,573 $

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

C. Budget Unit: Agency for the Removal of Hazardous Materials.......... $251,364 Operations Budget:
Personal Services................................................. $4,522,464 Regular Operating Expenses....................................... $3,998,000 Travel .......................................................... $1,504,800 Motor Vehicle Purchases............................................ $271,900 Equipment ........................................................ $700,000 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $20,200 Per Diem, Fees and Contracts ....................................... $800,000 Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0-- Total Funds Budgeted ........................................... $11,817,364 State Funds Budgeted .............................................. $251,364

Section 12. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $38,583,409
State Operations Budget: Personal Services................................................ $30,070,747 Regular Operating Expenses....................................... $3,563,483 Travel ............................................................ $876,524 Motor Vehicle Purchases............................................ $500,842 Equipment ........................................................ $270,000 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 ......................................... $2,335,105 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro................ $2,369,943 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 .............................. $450,000 Capital Outlay ...................................................... $--0-- Contract--Federation of Southern Cooperatives ........................ $60,000 Tick Control Program ............................................... $50,000 Poultry Indemnities ................................................. $--0-- Boll Weevil Eradiction Program ................................... $3,000,000 Total Funds Budgeted ........................................... $47,698,323 State Funds Budgeted ........................................... $38,583,409

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Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 4,913,866

Animal Industry

$ 7,293,619

Marketing

$ 1,978,802

General Field Forces

$ 3,744,767

Internal Administration

$ 4,662,651

Information and Education

$ 1,504,817

Fuel and Measures

$ 3,159,466

Consumer Protection Field Forces

6,250,543

Meat Inspection

4,170,603

Major Markets

4,493,929

Seed Technology

399,160

Entomology and Pesticides

2,126,100

Total

47,698,323

State Funds 4,564,866 6,919,619 1,941,548 3,766,767 4,591,988 1,504,817 3,145,566
4,761,101 1,534,173
999,714 4,404
1,870,846 38,583,409

B. Budget Unit: Georgia Agrirama Development Authority ................ $--0-- Georgia Agrirama Development Authority Budget: Personal Services................................................... $639,106 Regular Operating Expenses......................................... $154,104 Travel .............................................................. $4,650 Motor Vehicle Purchases.............................................. $1,000 Equipment .......................................................... $7,850 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $8,818 Per Diem, Fees and Contracts ....................................... $107,708 Capital Outlay ........................................ $375,000 Goods for Resale .................................................... $94,300 Total Funds Budgeted ............................................ $1,392,536 State Funds 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

Section 14, Department of Community Affairs. Budget Unit: Department of Community Affairs

$22,005,071

WEDNESDAY, FEBRUARY 7, 1990

815

State Operations Budget: Personal Services................................................. $5,649,091 Regular Operating Expenses......................................... $299,911 Travel ............................................................ $202,755 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $27,410 Computer Charges ................................................. $219,155 Real Estate Rentals ................................................ $467,662 Telecommunications ................................................. $68,574 Per Diem, Fees and Contracts....................................... $134,020 Capital Felony Expenses ............................................ $158,000 Contracts with Regional Development Commissions ................. $2,625,000 Local Assistance Grants .......................................... $4,787,402 Appalachian Regional Commission Assessment........................ $120,759 Community Development Block Grants (Federal) .................. $30,000,000 Music Hall of Fame ................................................. $50,000 Grant--Herty Foundation......................................... $4,200,000 Local Development Fund ......................................... $1,650,000 Payment to Georgia Residential Finance Authority .................. $2,450,000 Payment to Georgia Environmental Facilities Authority for Operations .......................................... $406,515 Total Funds Budgeted ........................................... $53,516,254 State Funds Budgeted ........................................... $22,005,071

Department of Community Affairs Functional Budgets

Office of the Commissioner Technical Assistance Financial Assistance Rural Development Coordinated Planning Total

Total Funds $ 1,041,916 $ 1,437,938 $ 48,382,901 $ 1,166,641 $ 1,486,858 $ 53,516,254

State Funds $ 1,019,416 $ 1,269,126 $ 17,227,741 $ 1,126,641 $ 1,362,147 $ 22,005,071

Section 15. Department of Corrections. A. Budget Unit: Administration, Institutions and Probations....... $495,174,871
Personal Services............................................... $271,050,639 Regular Operating Expenses...................................... $33,600,154 Travel .......................................................... $1,589,804 Motor Vehicle Purchases.......................................... $3,279,000 Equipment ...................................................... $8,171,294 Computer Charges ............................................... $1,613,000 Real Estate Rentals .............................................. $3,253,000 Telecommunications .............................................. $2,850,358 Per Diem, Fees and Contracts ..................................... $1,810,152 Capital Outlay ................................................. $118,811,450 Utilities ........................................................ $10,403,265 Court Costs. ....................................................... $380,000 County Subsidy ................................................. $12,454,000 County Subsidy for Jails .......................................... $9,625,000 County Workcamp Construction Grants .............................. $525,000 Grants for Local Jails .............................................. $365,000 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

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JOURNAL OF THE SENATE

Inmate Release Fund ............................................. $1,165,000 Health Services Purchases ....................................... $16,642,082 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 .......................................... $503,762,198 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $495,174,871

Departmental Functional Budgets

Total Funds

State Funds

Administration

$ 165,266,654 $ 164,768,151

Institutions and Support

$ 272,400,934 $ 270,893,934

Probation

$ 66,094,610 $ 59,512,786

Total

$ 503,762,198 $ 495,174,871

B. Budget Unit: Board of Pardons and Paroles ....................... $30,957,193 Board of Pardons and Paroles Budget: Personal Services. ............................................... $22,826,976 Regular Operating Expenses......................................... $920,015 Travel ............................................................ $752,760 Motor Vehicle Purchases............................................ $265,000 Equipment ........................................................ $795,279 Computer Charges ................................................. $690,159 Real Estate Rentals .............................................. $1,604,700 Telecommunications ................................................ $903,466 Per Diem, Fees and Contracts ..................................... $1,210,938 County Jail Subsidy ................................................ $987,900 Total Funds Budgeted ........................................... $30,957,193 State Funds Budgeted ........................................... $30,957,193

Section 16. Department of Defense. Budget Unit: Department of Defense ................................ $5,622,287 Operations Budget: Personal Services................................................. $8,563,115 Regular Operating Expenses....................................... $4,207,153 Travel ............................................................. $77,604 Motor Vehicle Purchases............................................. $41,500 Equipment ......................................................... $57,525 Computer Charges .................................................. $34,155 Real Estate Rentals .................................................. $5,760 Telecommunications ................................................ $154,276 Per Diem, Fees and Contracts ....................................... $201,500 Grants to Locals--Emergency Management Assistance ............. $1,044,200 Grants--Other ...................................................... $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 ........................................... $15,926,236 State Funds Budgeted ............................................ $5,622,287

WEDNESDAY, FEBRUARY 7, 1990

817

Department of Defense Functional Budgets

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard
Georgia Army National Guard
Total

Total Funds
$ 1,393,490
$ 3,288,386 $ 3,764,149 $ 7,480,211 $ 15,926,236

State Funds

$ 1,314,373

$ 1,026,912

$

534,991

$ 2,746,011

$ 5,622,287

Section 17. State Board of Education-- Department of Education.
Budget Unit: Department of Education ........................... $2,777,412,534 Operations:
Personal Services................................................ $42,518,139 Regular Operating Expenses....................................... $5,476,303 Travel .......................................................... $1,931,117 Motor Vehicle Purchases............................................. $91,783 Equipment ........................................................ $772,828 Computer Charges .............................................. $14,265,442 Real Estate Rentals .............................................. $2,442,691 Telecommunications ................................................ $829,900 Per Diem, Fees and Contracts .................................... $22,450,366 Utilities ........................................................... $770,888 Capital Outlay ..................................................... $472,000 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 Mid-Term Adjustment........................................... $35,400,723 Local Fair Share .............................................. $(479,220,239) Other Categorical Grants: Equalization Formula........................................... $131,572,698 Sparsity Grants .................................................. $3,819,603 In School Suspension ............................................. $8,700,000 Special Instructional Assistance................................... $19,180,000 Middle School Incentive ......................................... $19,849,036 Special Education Low--
Incidence Grants ................................................. $100,000 Non-QBE Grants:
Education of Children of Low-- Income Families .............................................. $95,312,627
Retirement (H.B. 272 and H.B. 1321)....................................... $3,503,745

818

JOURNAL OF THE SENATE

Instructional Services for the Handicapped.............................................. $28,483,503
Removal of Architectural Barriers ......................................................... $888,439
Tuition for the Multi-Handicapped............................................. $2,475,000
Severely Emotionally Disturbed .................................. $33,732,168 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 ........................................................ $2,720,965
High School Program ............................................ $16,732,524
Special Education in State Institutions .............................................. $3,473,560
Governor's Scholarships........................................... $1,066,000 Special Projects .................................................... $452,000 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 .......................................... $4,679,416 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 Board of Technical and Adult Education .................................................... $13,848,106
Innovative Programs. ............................................. $2,453,089 Technology Grants ................................................. $850,000 Limited English--Speaking
Students Program .............................................. $3,135,000 Drug Free School (Federal) ....................................... $5,162,697 Transition Program for Refugees .................................... $113,861
Emergency Immigrant Education Program......................................................... $100,000
Title II Math/Science Grant (Federal) ...................................................... $2,252,698
Robert C. Byrd Scholarship (Federal) ........................................................ $154,000
Public Library Construction ...................................... $14,700,000 Local School Construction ...................................... $115,112,826 Asbestos Removal .................................................. $100,817 Total Funds Budgeted ......................................... $3,101,674,485 Indirect DOAS Services Funding .................................... $340,000 State Funds Budgeted ......................................... $2,777,412,534

WEDNESDAY, FEBRUARY 7, 1990

819

Education Functional Budgets

Total Funds

State Administration

$ 16,418,162

Instructional Programs

$ 18,290,112

Governor's Honors Program

$ 1,301,885

Administrative Services
Evaluation and Personnel Development

$ 13,819,306 $ 19,700,771

Special Services

$ 4,553,515

Professional Standards Commission
Professional Practices Commission

$

287,980

$

586,251

Local Programs

$ 3,009,653,028

Georgia Academy for the Blind

$ 4,632,126

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

$ 7,430,656
$ 5,000,693 $ 3,101,674,485

State Funds $ 15,329,219 $ 9,396,626 $ 1,159,366 $ 9,382,499

$ 19,265,221 $ 2,954,188

$

287,980

$

586,251

$ 2,703,011,913

$ 4,406,864 $ 7,104,424

$ 4,527,983 $ 2,777,412,534

Section 18. Employees' Retirement Systems. Budget Unit: Employees' Retirement System .......................................................... $--0-- Employees' Retirement System Budget: Personal Services................................................. $1,326,323 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 ........................................... $2,629,323 State Funds Budgeted ............................................... $--0--

Section 19. Forestry Commission. Budget Unit: Forestry Commission ................................. $36,854,112 State Operations Budget: Personal Services................................................ $28,750,590 Regular Operating Expenses..................................... $6,922,549 Travel ............................................................ $174,520 Motor Vehicle Purchases......................................... $1,228,810 Equipment ...................................................... $2,730,173 Computer Charges ................................................. $154,806 Real Estate Rentals ................................................. $39,174 Telecommunications ................................................ $942,267 Per Diem, Fees and Contracts....................................... $478,764 Contractual Research ............................................... $310,000

820

JOURNAL OF THE SENATE

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

$ 5,289,193

Field Services

$ 34,434,595

Wood Energy

$

28,912

General Administration and Support
Total

$ 2,650,453 42,403,153

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

Georgia Bureau of Investigation Functional Budgets

Total Funds

Administration

3,011,417

Drug Enforcement

6,702,771

Investigative

10,691,312

Georgia Crime Information Center

6,759,329

Forensic Sciences

6,770,786

Total

33,935,615

Section 21. Office of the Governor. Budget Unit: Office of the Governor Personal Services................ Regular Operating Expenses...... Travel .........................

$--0--
$30,000
.... $60,000 .... $30,500 . . . $551,000 $42,403,153 $36,854,112
State Funds 2,304,153 31,899,517 28,912
2,621,530 36,854,112
$33,935,615
$24,299,481 . $2,544,438 . . $646,760 . . $624,650 . . . $596,288 . . . $631,000 . $1,785,200 . $1,955,798 . . . $277,000
$500,000 . . $75,000 $33,935,615 $33,935,615
State Funds 3,011,417 6,702,771 10,691,312
6,759,329 6,770,786 33,935,615
. $22,579,392 . . $9,458,962 .... $482,288 ... $186,775

WEDNESDAY, FEBRUARY 7, 1990

821

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

Total Funds

Governor's Office
Office of Fair Employment Practices

$ 6,275,258

$

856,494

Office of Planning and Budget
Council for the Arts
Office of Consumer Affairs

$ 6,059,205 $ 3,936,074 $ 2,144,435

State Energy Office
Vocational Education Advisory Council
Office of Consumers' Utility Council

$ 32,405,666

$

341,005

$

650,834

Criminal Justice Coordinating Council

$

741,861

Juvenile Justice Coordinating Council
Commission on Children and Youth
Growth Strategies Commission

$ 1,519,390

$ 1,687,046

$

-- 0--

Human Relations Commission Total

$

126,888

$ 56,744,156

Section 22. Department of Human Resources. A. Budget Unit: Departmental
Operations ............................ 1. General Administration and
Support Budget: Personal Services. ...........

........ $--0-- . . . $76,334
....... $158,637 ....... $655,161 ....... $204,420 ... $32,028,961 ..... $2,860,758 ........ $40,000 ..... $3,212,500 ....... $162,000 .... $2,850,000 ....... $331,600 ........ $50,000 ....... $40,000 . . . . . $1,162,835 ...... $100,000 ..... $1,262,925
.... $1,420,000 ... $56,744,156 ... $22,579,392

State Funds $ 6,275,258

$

779,840

$ 6,059,205

$ 3,417,010

$ 2,144,435

$

326,982

$

151,445

$

650,834

$

487,982

$

472,467

$ 1,687,046

$

-- 0--

$

126,888

$ 22,579,392

. . . $482,308,861 $61,668,877

822

JOURNAL OF THE SENATE

Regular Operating Expenses.......... Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Utilities ............................ Postage ............................ Capital Outlay ..................... Institutional Repairs and
Maintenance..................... Payments to DMA--
Community Care ................. Service Benefits for Children ........ Special Purpose Contracts .......... Purchase of Service Contracts ....... Total Funds Budgeted.............. Indirect DOAS Services Funding .... State Funds Budgeted ..............

$3,898,862 . . $1,631,050 . . . . $860,441 . . . . $601,460 .. $2,871,470 . . $5,550,617 . . $1,367,492 .. $2,866,613 .... $393,992 . $1,390,017 ..... $--0--
... $116,700
. . $9,429,100 . $12,696,000 .... $258,000 . $35,539,845 $141,140,536 .... $638,300 . $64,689,798

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

798,615 $

798,516

Administrative Appeals

$ 1,850,632 $ 1,850,632

Administrative Policy, Coordination, and Direction
Personnel
Indirect Cost
Facilities Management
Public Affairs
Community/ Intergovernmental Affairs
Budget Administration
Financial Services
Auditing Services
Special Projects
Office of Children and Youth
Planning Councils
Community Services Block Grant

339,894 1,818,464
-- 0-- 5,105,154
575,196
652,178 1,711,377 5,531,105 2,097,888
524,000
12,696,000 501,971
9,103,127

$

339,894

$ 1,818,464

$ (6,213,445)

$ 3,573,459

$

575,196

$

652,178

$ 1,711,377

$ 5,331,105

$ 2,097,888

$

524,000

$ 12,103,358

$

148,760

$

--0--

Regulatory Services-- Program Direction and Support

736,896 $

726,896

Child Care Licensing

2,597,142 $ 2,597,142

Laboratory Improvement

800,718 $

459,723

WEDNESDAY, FEBRUARY 7, 1990

823

Health Care Facilities Regulation
Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning
and Development Agency Total

4,612,799 482,579 888,887
5,705,318 29,332,779 12,166,893 39,155,875
1,355,148 141,140,536

1,290,979 482,579 671,139 224,443
4,393,402 11,239,293 15,987,672
1,305,148 $ 64,689,798

2. Public Health Budget: Personal Services ........................................... $49,684,158 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 ........................................ $69,268,121 Purchase of Service Contracts .................................... $11,826,121 Special Purpose Contracts ........................................ $6,417,500 Total Funds Budgeted .......................................... $220,435,740 Indirect DOAS Services Funding .................................... $549,718 State Funds Budgeted .......................................... $130,229,899

Public Health Functional Budgets

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care

Total Funds

$

876,855

$

375,618

$ 1,303,750

$ 1,933,437

$

843,469

$

815,213

State Funds

$

679,630

$

315,618

$ 1,218,750

$ 1,769,375

$

620,651

$

749,280

824

JOURNAL OF THE SENATE

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 Outlay ................... Postaee ............................

$ 1,990,841

$ 1,841,921

$

599,292

$ 1,567,444

$ 1,704,685

$ 11,470,558

$ 11,470,558

$ 10,493,423

$ 3,065,463

$ 10,253,585

$ 56,504,981

$ 1,790,881

$ 12,163,487

$ 1,353,103

$

694,308

$ 4,069,451

$ 1,003,880

$ 5,520,492

$ 2,983,409

$ 10,412,561

$

936,370

$ 3,655,564

$ 4,435,868

$ 57,114,862

$

483,695

$ 3,059,110

$ 5,118,164

$ 220,435,740

$ 1,460,841

$

929,807

$

--0--

$

301,361

$ 11,551,844

$ 5,508,914

$ 5,508,914

$ 9,326,513

$ 1,053,587

$ 6,222,745

$

-- 0--

$ 1,580,706

$ 9,929,425

$ 1,353,103

$

694,308

$ 3,965,876

$

515,108

$ 5,400,492

$ 1,922,909

$ 10,282,886

$

746,105

$ 3,165,564

$ 4,435,868

$ 50,549,955

$

400,563

$ 1,214,463

$ 2,363,652

$ 130,229,899

..... $65,937,525 ....... $9,849,338
....... $815,163 ......... $119,000 ......... $351,573 ....... $1,728,383
$2,902,171 ... ... $1,420,350 ....... $4,487,877 ......... $977,500 .......... $--0-- ......... $425,050

WEDNESDAY, FEBRUARY 7, 1990

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

$ 3,855,811

Grants Management

$

862,128

State Rehabilitation Facilities

$ 7,701,819

Roosevelt Warm Springs Institute

$ 18,219,762

Georgia Factory for the Blind
Disability Adjudication

$ 13,137,741 23,975,174

Production Workshop

854,410

District Field Services

36,407,029

Independent Living

513,031

Sheltered Employment

1,467,425

Community Facilities

6,027,535

Bobby Dodd Workshop

420,150

Total

113,442,015

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 ..........

825
.... $242,500 $16,157,000 .... $52,000
.... $774,000 . $7,202,585 $113,442,015
. $100,000 . $24,939,076
State Funds
1,462,090 717,125
1,540,362
4,827,754
735,179 --0-- --0--
8,178,106 308,031 722,744
6,027,535 420,150
24,939,076
. $14,978,953 . . $1,559,285 .... $415,227 ..... $--0-- .... $147,916 . $16,791,984 .... $226,365 . $1,156,500 .. $5,415,713 ..... $9,100
$1,461,435 $316,130,150
$202,315,964 . $46,499,365 . $3,532,000 .. $2,260,000 $612,899,957 . . $2,339,882 $262,450,088

826

JOURNAL OF THE SENATE

Family and Children Services Functional Budgets

Refugee Benefits AFDC Payments SSI--Supplemental Benefits Energy Benefits County DFACS Operations-
Social Services County DFACS Operations-
Eligibility County DFACS Operations-
Joint 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

Total Funds

$ 1,329,923

$ 305,603,127

$

100

$ 10,051,000

$ 55,487,205

$ 87,304,295

$ 50,056,998

$ 6,991,195

$ 2,425,000

$

887,056

$ 4,461,608

$ 4,089,928

$ 4,675,683

$ 19,668,218

$ 2,646,992

$

-- 0--

$ 2,318,389

$ 2,000,000

$ 21,768,990

$ 2,630,504

$

791,500

$ 3,591,282

$ 15,865,300

$

158,000

$

776,500

$ 1,231,500

$ 3,478,393

$ 2,611,271 $ 612,899,957

State Funds

3

-- 0--

$ 115,796,590

$

100

$

-- 0--

$ 9,283,607

$ 43,588,161

$ 24,344,929

$ 6,991,195

$

-- 0--

$

887,056

$ 3,712,015

$ 4,089,928

$ 2,229,303

$ 8,535,303

$ 2,646,992

$ (6,608,748)

$ 1,908,631

$ 2,000,000

$ 15,062,835

$ 2,120,902

$

613,359

$ 2,594,470

$ 15,865,300

$

158,000

$

776,500

$ 1,209,131

$ 3,313,393

$ 1,331,136 $ 262,450,088

Budget Unit Object Classes: Personal Services .................. Regular Operating Expenses ........ Travel ........................... Motor Vehicle Purchases ........... Equipment ....................... Computer Charges ................ Real Estate Rentals ...............

... $192,269,513 ..... $69,751,011
$4,109,505 ..... $979,441 ....... $1,599,587
$22,062,669 . $9,632,613

WEDNESDAY, FEBRUARY 7, 1990

827

Telecommunications .............................................. $4,666,647 Per Diem, Fees and Contracts .................................... $16,313,269 Utilities ........................................................ $1,380,592 Postage ......................................................... $3,388,353 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 ........................................ $69,268,121 Payments to DMA-Community Care ............................... $9,429,100 Service Benefits for Children ..................................... $59,195,365 Case Services ................................................... $16,157,000 E.S.R.P. Case Services ............................................... $52,000 Cash Benefits.................................................. $316,130,150 Grants for County DFACS-- Operations................................................... $202,315,964 Institutional Repairs and Maintenance................................................. $359,200 Special Purpose Contracts ....................................... $10,981,500 Purchase of Service Contracts .................................... $56,828,551
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions ...................... $512,478,600
Departmental Operations: Personal Services............................................... $388,992,684 Regular Operating Expenses...................................... $35,794,041 Travel .......................................................... $1,118,360 Motor Vehicle Purchases............................................ $574,700 Equipment ..................................................... $3,517,648 Computer Charges ............................................... $4,964,536 Real Estate Rentals ................................................ $882,375 Telecommunications .............................................. $3,149,333 Per Diem, Fees and Contracts ..................................... $6,185,703 Utilities ........................................................ $13,368,100 Capital Outlay .................................................. $10,135,200 Authority Lease Rentals ........................................ $2,451,904 Institutional Repairs and Maintenance.................................................. $10,558,300 Grants to County-Owned Detention Centers.............................................. $2,768,050 Substance Abuse Community Services .......................................... $35,847,141 Mental Retardation Community Services.......................................... $88,484,941 Mental Health Community Services........................................... $14,675,191 Community Mental Health Center Services ............................................... $55,648,377

828

JOURNAL OF THE SENATE

Special Purpose Contrac:t ..................... Service Benefits for ChiIldren .................. Purchase of Service Conitracts ................ Total Funds Budgeted Indirect DOAS Service Funding .............. State Funds Budgeted

... $1,424,600 ...... $3,137,860 ........ $597,000 ... $684,276,044 ..... $2,404,100
$512,478,600

Communi' i Mental Health/Mental Retardation, Youth Servi< 88 and Institutional Functional Budgets

Total Funds

State 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
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

$ 38,623,696 $ 25,297,654 $ 36,065,680 $ 18,223,178
$ 28,650,720 $ 24,802,478
$ 22,800,638 $ 19,252,794
$ 31,474,308 $ 24,642,366
$ 30,031,010 $ 23,223,276 $ 133,562,692 $ 89,700,027
$ 24,766,009 $ 22,076,166
$ 46,379,127 $ 24,199,935
$ 22,595,721 $ 18,641,878 $ 3,238,022 $ 2,391,246
$ 9,372,910 $ 9,169,615
$ 5,253,273 $ 2,728,168
$ 67,842,915 $ 40,106,915 $ 14,344,591 $ 14,344,591

$

663,472 $

635,007

$

447,950 $

447,950

$ 1,366,888 $ 1,366,888

$ 55,648,377 $ 43,561,802

$

383,300 $

383,300

$ 1,612,094 $ 1,361,594

$

291,930 $

291,930

$

330,600 $

330,600

3,658,709 $ 3,658,709

WEDNESDAY, FEBRUARY 7, 1990

829

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

$ 15,517,237 $ 15,517,237

76,900 9,452,199
22,174,417 14,601,814 9,683,541 4,177,578 3,838,440 12,681,408 2,750,200
953,696 678,808 4,600,009
697,861
412,034
2,575,270 684,276,044

76,900 7,395,120

21,760,417 14,232,714 9,611,841 4,059,678 3,737,340 12,681,408 2,750,200
953,696 678,808 4,500,009

697,861

$

412,034

$ 2,575,270 $ 512,478,600

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry and Trade ................................................... $18,947,081 State Operations Budget: Personal Services................................................. $7,530,214 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 .................................... $245,000 Advertising and Cooperative Advertising .................................................... $5,651,184 Georgia Ports Authority Authority Lease Rentals ........................................ $2,745,000 Historic Chattahoochee Commission Contract.............................................. $90,000 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 .............................................. $100,000

830

JOURNAL OF THE SENATE

Contract--Georgia Association of Broadcasters ............
Southern Center for International Studies .......
Music Hall of Fame .......... Capital Outlay ............... Total Funds Budgeted........ State Funds Budgeted ........

Department of Industry and Trade Functional Budgets

Administration

Total Funds 6,666,463

Economic Development

5,084,655

Tourism Total

8,258,963 20,010,081

Section 24. Department of Insurance. Budget Unit: Department of Insurance. Operations Budget: Personal Services................... Regular Operating Expenses......... Travel ............................ Motor Vehicle Purchases............ Equipment ........................ Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ....... High-Risk Health Insurance Board... Total Funds Budgeted.............. State Funds Budgeted ..............

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$ 2,038,161

Insurance Regulation

$ 6,695,218

Industrial Loans Regulation

$

601,266

Fire Safety and Mobile Home Regulations
Total

5,113,007 $ 14,447,652

Section 25. Department of Labor Budget Unit: Department of Labor State Operations: Personal Services............... Regular Operating Expenses..... Travel ........................ Motor Vehicle Purchases........ Equipment .................... Computer Charges ............. Real Estate Rentals ............ Telecommunications ............

. $53,000
.... $25,000 .... $-0.... $--0-- $20,010,081 $18,947,081

State Funds
$ 5,856,463
$ 4,971,655
$ 8,118,963
$ 18,947,081
.... $13,381,258
$11,365,135 . $567,900 . . . $892,528 . . . $139,900 . . . $124,889 . . . $425,900 . . . $515,100 . . $215,800 .... $50,500 . . . $150,000 $14,447,652 $13,381,258

State Funds

$ 2,038,161

$ 6,565,218

$

601,266

$ 4,176,613 $ 13,381,258

..... $6,500,787
$61,099,018 . $6,455,700 . . $830,400 .... $--0-- . . $450,109 . $3,540,150 . $1,305,727 . $1,423,695

WEDNESDAY, FEBRUARY 7, 1990

831

Per Diem, Fees and Contracts (JTPA) ............................................. $63,102,011
Per Diem, Fees and Contracts....................................... $889,999 W.I.N. Grants ...................................................... $--0-- Payments to State Treasury....................................... $1,774,078
Capital Outlay ................................................... $3,522,478 Total Funds Budgeted .......................................... $144,393,365
State Funds Budgeted ............................................ $6,500,787

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices

$ 8,006,311 $

261,954

Administrative Services

$ 16,675,514 $ 1,480,069

Employment and Training Services

$ 119,711,540 $ 4,758,764

Total

$ 144,393,365 $ 6,500,787

Section 26. Department of Law. Budget Unit: Department of Law. ................................... $8,763,322 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 ....................................... $310,000 Books for State Library............................................. $110,000 Total Funds Budgeted ........................... '.. ............... $9,354,222 State Funds Budgeted ............................................ $8,763,322

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ................................... $567,530,455 Departmental Operations Budget: Personal Services................................................ $12,589,300 Regular Operating Expenses......................................... $618,086 Travel ............................................................ $190,500 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $61,727 Computer Charges ........................................ $13,543,138 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $392,900 Per Diem, Fees and Contracts .................................... $24,251,556 Medicaid Benefits, Penalties and Disallowances ........................................... $1,561,351,220 Payments to Counties for Mental Health ................................................ $32,895,060 Audit Contracts........................................:........... $772,500 Total Funds Budgeted ......................................... $1,647,601,960 State Funds Budgeted .......................................... $567,530,455

Commissioner's Office

Medical Assistance Functional Budgets Total Funds
$ 2,724,364

State Funds

$

833,039

832

JOURNAL OF THE SENATE

Program Management
Systems Management Administration
Program Integrity
Institutional Policy and Reimbursement
Benefits, Penalties and Disallowances
Total

$ 25,156,866 $ 15,781,693 $ 2,878,687 $ 4,274,665
$ 2,539,405
$ 1,594,246,280 $ 1,647,601,960

$ 2,660,444

$ 4,367,960

$

464,218

$ 1,428,300

$ 1,222,737

$ 556,553,757 $ 567,530,455

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ......................... Departmental Operations Budget: Personal Services. ......................... Regular Operating Expenses ................ Travel ................................... Equipment ............................... Computer Charges ........................ Real Estate Rentals ....................... Telecommunications ....................... Per Diem, Fees and Contracts .............. Health Insurance Payments ............... Total Funds Budgeted ..................... Agency Assessments ....................... Employee and Employer Contributions ........................... Deferred Compensation .................... State Funds ..............................

Merit System Functional Budgets

Total Funds

Applicant Services

$ 2,619,632

Classification and Compensation

$ 1,130,788

Flexible Benefits

$ 1,226,597

Employee Training and Development

$ 1,294,553

Health Insurance Administration

$ 15,645,719

Health Insurance Claims

$ 546,535,036

Internal Administration

$ 2,243,818

Commissioner's Office

$ 1,539,992

Total

$ 572,236,135

... $33,402,708
..... $7,510,316 ...... $2,056,528 ........ $84,506
.... $58,430 ...... $2,877,767 ........ $884,119 ....... $338,970 ... $42,964,275
$515,461,221 . . $572,236,135 .... $9,419,549
.... $529,340,134 ......... $73,744 .... $33,402,708

State Funds

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-0-

$ 33,402,708

$

-- 0--

$

-- 0--

$ 33,402,708

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources .............................. Operations Budget:
Personal Services ......................... Regular Operating Expenses ............... Travel ..................................

...... $87,079,785
..... $57,033,198 ...... $10,914,540 ......... $501,390

WEDNESDAY, FEBRUARY 7, 1990
Motor Vehicle Purchases Equipment ..................... Computer Charges .............. Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts Land and Water Conservation
Grants ....................... Recreation Grants ............... Contract with U. S. Geological
Survey for Ground Water Resources Survey ............. Contract with U.S. Geological Survey for Topographic Maps . Capital Outlay--Repairs and Maintenance.............. Capital Outlay--Shop StockParks ........................ Capital Outlay--Heritage Trust . Authority Lease Rentals ......... Cost of Material for Resale ...... Payments to Lake Lanier Islands Development Authority ........ Contract--Special Olympics, Inc. .......................... Georgia Sports Hall of Fame ... Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition ......... Capital Outlay--User Fee Enhancements--Parks ......... Capital Outlay--Buoy Maintenance .................. Capital Outlay--Consolidated Maintenance--Game and Fish . Technical Assistance Contract Capital Outlay .................. Contract--Georgia Rural Water Association ............. Contract--Corps of Engineers (Cold Water Creek St. Park) Advertising and Promotion....... Payments to Georgia Agricultural Exposition Authority .......... Historic Preservation Grant ...... Environmental Facilities Grant . . Georgia Boxing Commission ...... Lanier Regional Committee ...... Paving at State Parks and Historic Sites ................. Grant--Chehaw Park Authority Grant--Zoo Atlanta ............. Total Funds Budgeted ........... Receipts from Jekyll Island State Park Authority .......... Receipts from Stone Mountain Memorial Association ..........

833
$1,521,566 $1,696,547 . . $791,603 $1,690,684 $1,091,755 $1,704,190
. . $900,000 $1,233,000
. . . . $300,000
. . . . $125,000
$2,029,000
.... $350,000 . . . . $225,000 ... $980,000 . . $2,210,000
..... $--0--
... $206,000 ... $50,000
. . . . $485,000
. $1,848,000
. $20,000
.... $751,744 . . . . $125,000 . . $8,575,000
. . . . . $10,000
... $200,000 . . . . $150,000
$2,152,100 ... $275,000 . . $7,500,000 ...... $7,000 . . . . . $13,000
. . . . $500,000 ... $250,000 . . . . $250,000 $108,665,317
.... $314,594
... $315,000

834

JOURNAL OF THE SENATE

Indirect DOAS Funding .................................... State Funds Budgeted ......................................

. . . $200,000 $87,079,785

Department of Natural Resources Functional Budgets

Total Funds

State Funds

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

$ 14,628,654 $ 13,999,060 $ 27,547,151 $ 23,854,765
37,877,277 $ 24,286,809 26,687,198 $ 23,099,114

Coastal Resources

1,925,037 $ 1,840,037

Total

108,665,317 $ 87,079,785

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

........ $--0--
. $838,059 . . $677,552 . . . $25,000 . . . $77,900 . . $295,280 ... $5,814 .... $2,400 .... $9,600 . . $220,495 . . $--0--
$2,152,100 . . . $--0--

Georgia Agricultural Exposition Authority

Total Funds 2,152,100

State Funds

$

__Q__

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

. $78,225,821
$59,687,770 . $8,878,459 . . . $167,250 . $2,617,532 . . $963,481
$4,224,364 .... $71,202
$1,317,813 . . . $258,850
. $232,500
. . . $200,000 . . . $275,000 . . $981,600 $79,875,821 . $1,650,000 $78,225,821

WEDNESDAY, FEBRUARY 7, 1990

835

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds
$ 17,874,233 $ 16,065,742 $ 45,935,846 $ 79,875,821

State Funds $ 16,374,233 $ 16,065,742 $ 45,785,846 $ 78,225,821

B. Budget Unit: Units Attached for Administrative Purposes Only .................................................. $13,968,661
1. Attached Units Budget: Personal Services................................................. $7,033,399 Regular Operating Expenses....................................... $2,441,826 Travel ............................................................ $134,000 Motor Vehicle Purchases............................................ $116,282 Equipment ........................................................ $178,771 Computer Charges ................................................. $363,312 Real Estate Rentals ................................................. $89,187 Telecommunications ................................................ $159,000 Per Diem, Fees and Contracts ....................................... $859,800 Peace Officers Training Grants .................................... $2,757,323 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $14,132,900 State Funds Budgeted ........................................... $13,647,900
2. Office of Highway Safety Budget: Personal Services................................................... $414,851 Regular Operating Expenses.......................................... $29,600 Travel ............................................................. $13,000 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................... $600 Computer Charges .................................................. $40,000 Real Estate Rentals ................................................. $69,988 Telecommunications .................................................. $5,000 Per Diem, Fees and Contracts ........................................ $29,100 Highway Safety Grants ........................................... $3,500,000 Total Funds Budgeted ............................................ $4,102,139 State Funds Budgeted .............................................. $320,761

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety

$ 4,102,139 $

320,761

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

$ 6,518,306 $ 6,133,306

Total

$ 18,235,039 $ 13,968,661

836

JOURNAL OF THE SENATE

Section 31. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System ....................
Departmental Operations Budget: Payments to Employees' Retirement System ................ Employer Contributions ................ Total Funds Budgeted .................... State Funds Budgeted .......................

$13,915,342
. . . $291,342 $13,624,000 $13,915,342 $13,915,342

Section 32. 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 ........................

. $7,778,296
. $6,354,204 ... $401,012 ... $247,660 .... $83,491 . $163,148 ... $331,000 ... $304,623
$115,752 . $1,235,746
$9,236,636 . $7,778,296

Administration Transportation Utilities Total

Public Service Commission Functional Budgets Total Funds
$ 1,684,633 $ 3,097,199 $ 4,454,804 $ 9,236,636

State Funds $ 1,684,633 $ 1,811,999 $ 4,281,664 $ 7,778,296

Section 33. Board of Regents, University

System of Georgia.

A. Budget Unit: Resident Instruction ................ $759,277,630

Resident Instruction Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. .......... $785,554,722

Sponsored Operations

..... $110,000,000

Operating Expense:

Educ., Gen., and Dept. Svcs. ......... $208,331,929

Sponsored Operations

............ $125,000,000

Special Funding Initiative

....... $14,000,000

Office of Minority

Business Enterprise .......................... $346,605

Special Desegregation Programs

.......... $377,917

Forestry Research

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

Research Consortium .......................... $--0--

Eminent Scholars Program .................. $--0--

Capital Outlay ................................ $41,949,287

Total Funds Budgeted

.............. $1,285,860,460

Departmental Income ................ $30,083,572

Sponsored Income.............. $235,000,000

Other Funds ................................ $258,471,958

WEDNESDAY, FEBRUARY 7, 1990

837

Indirect DOAS Services Funding ............................... $3,027,300 State Funds Budgeted .......... ............................. $759,277,630

B. Budget Unit: Regents Central Office and Other Organized Activities .................................. $143,247,352
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs. .................................. $195,328,237
Sponsored Operations ........................................... $66,536,986 Operating Expenses:
Educ., Gen., and Dept. Svcs. ................................... $87,673,169 Sponsored Operations ........................................... $30,605,353
Fire Ant and Environmental Toxicology Research .............................................. $270,780
Agricultural Research............................................. $2,048,179 Advanced Technology
Development Center ............................................ $1,504,606 Capitation Contracts for
Family Practice Residency ...................................... $2,677,250 Residency Capitation Grants ...................................... $2,506,660 Student Preceptorships ............................................. $158,000
Center for Rehabilitation Technology .................................................... $1,024,637
SREB Payments ................................................ $12,521,000 Medical Scholarships ............................................... $839,750 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 .......................................... $405,523,953 Departmental Income............................................. $3,517,000 Sponsored Income............................................... $97,501,895 Other Funds ................................................... $160,702,006 Indirect DOAS Services Funding .................................... $555,700 State Funds Budgeted .......................................... $143,247,352

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$ 1,867,811 $ 1,182,103

Skidaway Institute of Oceanography

$ 3,581,555 $ 1,518,237

Marine Institute

$ 1,527,038 $

931,338

Georgia Tech Research Institute

$ 111,771,413 $ 12,839,713

Education Extension Services

$ 6,367,100 $ 2,260,088

Agricultural Experiment Station

$ 50,236,113 $ 33,766,696

Cooperative Extension Service

$ 48,512,267 $ 32,985,567

838

JOURNAL OF THE SENATE

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

$ 145,815,884
2,953,426 2,334,750 5,830,380 1,947,105 $ 2,413,747 $ 20,365,364 $ 405,523,953

$ 28,117,195 2,953,426 501,750
5,830,380 --0--
62,464 20,298,395 143,247,352

C. Budget Unit: Georgia Public Telecommunications Commission...................................................... $7,230,510
Public Telecommunications Commission Budget:
Personal Services. ................................................ $5,783,390 Operating Expenses .............................................. $6,636,813 Total Funds Budgeted ........................................... $12,420,203 Other Funds ..................................................... $5,189,693 State Funds Budgeted ............................................ $7,230,510

Section 34. Department of Revenue. Budget Unit: Department of Revenue ............................ $70,663,631
Operations Budget: Personal Services................................................ $45,794,032 Regular Operating Expenses....................................... $3,938,268 Travel .......................................................... $1,344,000 Motor Vehicle Purchases............................................ $168,100 Equipment ...................................................... $1,290,492 Computer Charges ............................................... $9,333,646 Real Estate Rentals .............................................. $2,593,452 Telecommunications ................................................ $728,100 Per Diem, Fees and Contracts ....................................... $260,482
County Tax Officials/Retirement and FICA ..................................................... $2,354,000
Grants to Counties/Appraisal Staff .......................................................... $1,430,000
Motor Vehicle Tags and Decals.................................... $2,150,000 Postage ................. ; ....................................... $3,124,059 Total Funds Budgeted ........................................... $74,508,631 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $70,663,631

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration

$ 5,818,323 $ 5,818,323

Internal Administration

$ 10,102,509 $ 9,902,509

Electronic Data Processing

$ 4,734,801 $ 4,516,801

Field Services

$ 16,486,597 $ 16,186,597

WEDNESDAY, FEBRUARY 7, 1990

839

Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

$ 7,893,359 $ 14,179,023 $ 6,413,206 $ 4,530,150 $ 4,350,663 $ 74,508,631

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 .............. Telecommunications .............. Per Diem, Fees and Contracts .... Election Expenses ................ Total Funds Budgeted ........ State Funds Budgeted ............

Secretary of State Functional Budgets

Total Funds

Internal Administration

$ 3,099,587

Archives and Records

$ 4,949,975

Business Services and Regulation

$ 4,204,754

Elections and Campaign Disclosure

$ 1,151,608

Drugs and Narcotics

$

942,873

State Ethics Commission

$

197,758

Occupational Certification

$ 7,228,354

Total

$ 21,774,909

Occupational Certification Functional Budgets

S. B. of Accountancy S. B. of Architects
S. B. of Athletic Trainers
Georgia Auctioneers Commission
S. B. of Barbers
G. B. of Chiropractic Examiners
State Construction Industry Licensing Board
S. B. of Cosmetology

Board

Costs

$

40,500

$

113,000

$

800

$

5,750

$

23,380

$

28,500

$

122,500

$

49,500

$ 6,936,359
$ 12,547,023
$ 6,413,206
$ 4,449,150
$ 3,893,663
$ 70,663,631
. $21,774,909 . $14,413,296 . . $2,570,784 .... $235,200 .... $146,403
$77,428 .... $725,147 . $2,242,319 .... $274,476 ... $589,856 . . . . $500,000 . $21,774,909 . $21,774,909

State Funds $ 3,099,587 $ 4,949,975

$ 4,204,754

$ 1,151,608

$

942,873

$

197,758

$ 7,228,354

$ 21,774,909

Cost of

Operations

$

216,474

$

251,417

$

3,397

$

48,597

$

165,726

$

122,250

$

637,275

$

896,635

840

JOURNAL OF THE SENATE

G. B. of Dentistry
G. B. of Examiners of Licensed Dieticians
S. B. of Professional Engineers and Land Surveyors
S. B. of Registration for Foresters
S. B. of Funeral Services
S. B. of Registration Professional Geologists
S. B. of Hearing Aid Dealers and Dispensers
G. B. of Landscape Architects
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

63,750 $ 10,000 $
88,300 $ 3,800 $ 26,000 $ 6,800 $ 8,500 $ 21,600 $ 3,965 $

306,785 18,144
391,463 29,406 188,170 16,994 21,671 31,217 20,966

$

16,000 $

113,073

$

115,000 $ 1,193,058

$

16,000 $

41,555

$

79,000 $ 1,081,927

$

10,500 $

38,664

$

20,000 $

47,369

$

10,000 $

18,900

$

84,500 $

541,543

$

17,000 $

70,530

$

7,500 $

21,129

$

7,000 $

30,669

$

55,500 $

592,702

$

15,000 $;

315,722

$

21,500 $1

59,859

$

8,500 I1

21,048

$

7,500 $l

29,894

$

15,000 $1

203,990

13,850 $

49,920

WEDNESDAY, FEBRUARY 7, 1990

841

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

45,000 $

81,987

12,100 1,200,595

182,652 8,114,358

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 1,552,017

. $1,552,017
. . . $882,298 . . . $139,235 .... $12,000 ... $16,734 .... $10,330 . . $227,170 . . . $116,250 . . . . $47,000 . . . $101,000 . $1,552,017 . $1,552,017
Cost of Operations
1,592,017

Section 36. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee ....................................... $1,793,968 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 ................................................. $42,660 Telecommunications ................................................. $17,500 Per Diem, Fees and Contracts ....................................... $155,300 County Conservation Grants ........................................ $556,396 Total Funds Budgeted ............................................ $1,793,968 State Funds Budgeted ............................................ $1,793,968

Section 37. Student Finance Commission. Budget Unit: Student Finance Commission .................................................. $21,819,394 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

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Guaranteed Educational Loans .................................... $4,110,000 Tuition Equalization Grants...................................... $14,588,227 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 ........................................... $30,173,371 State Funds Budgeted ........................................... $21,819,394

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration
Higher Education Assistance Corporation

$ 4,861,899 $

$

381,625 $

--0-- 381,625

Georgia Student Finance Authority
Total

$ 24,929,847 $ 21,437,769 $ 30,173,371 $ 21,819,394

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ....................................................... $3,537,500 Departmental Operations Budget: Personal Services................................................. $2,785,099 Regular Operating Expenses......................................... $286,917 Travel ............................................................. $26,000 Equipment ......................................................... $14,275 Computer Charges ............................................... $1,017,619 Real Estate Rentals ................................................ $309,375 Telecommunications ................................................ $110,368 Per Diem, Fees and Contracts ....................................... $336,000
Cost-of-Living Increases for Local Retirement System Members .................................... $2,700,000
Floor Fund for Local Retirement Systems .............................................. $837,500
Post Retirement Benefit Increases for Retirees .............................................. $--0--
Total Funds Budgeted ............................................ $8,423,153 State Funds Budgeted ............................................ $3,537,500

Section 39. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education ........................................ $128,244,907
Department of Technical and Adult Education Budget:
Personal Services................................................. $3,686,423
Regular Operating Expenses......................................... $327,613 Travel ............................................................ $117,000
Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $44,400

WEDNESDAY, FEBRUARY 7, 1990

843

Computer Charges ............................................... $1,838,216 Real Estate Rentals ................................................ $398,000 Telecommunications ................................................. $56,185 Per Diem, Fees and Contracts ..................................... $1,017,000 Personal Services-Institutions .................................... $76,883,167 Operating Expenses-Institutions .................................. $10,872,006 Capital Outlay ................................................... $8,290,000 Quick Start Program ............................................. $5,640,354 Area School Program ............................................ $27,116,806 Regents Program ................................................. $2,709,714 Adult Literacy Grants ............................................ $7,008,143 Total Funds Budgeted .......................................... $146,005,027 State Funds Budgeted .......................................... $128,244,907

Institutions Functional Budgets

Administration Institutional Programs Total

Total Funds $ 7,484,837 $ 138,520,190 $ 146,005,027

State Funds $ 6,355,246 $ 121,889,661 $ 128,224,907

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...................................... $52,471,244 Travel .......................................................... $1,718,000 Motor Vehicle Purchases.......................................... $1,020,000 Equipment ...................................................... $5,986,095 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 .......................................... $990,144,004 State Funds Budgeted .......................................... $656,484,979

Department of Transportation Functional Budgets

Motor Fuel Tax Budget Planning and Construction

Total Funds $ 553,325,560

State Funds $ 252,402,839

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Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State Facilities 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
Planning and Construction Maintenance and Betterments Total

$ 192,098,526

$ 8,209,064

$ 9,317,013

$ 20,828,610

$

900,000

$ 784,678,773

$ Total Funds

$ 9,317,000

$ 181,021,908

$ 7,548,964

$ 9,317,013

$ 20,157,610

$

900,000

$ 471,348,334

State Funds

$

317,000

$

750,000

$ 2,453,784

$ 15,029,281

1,263,500 136,651,666 40,000,000 205,465,231

$

750,000

$ 1,183,784

$ 4,970,695

1,263,500 136,651,666 40,000,000 185,136,645

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

$19,936,381
$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
....................... $271,000 ..................... $24,227,232 ..................... $19,936,381

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance

5,241,769 $ 5,013,961

Veterans Home and Nursing Facility--Milledgeville

13,155,233 $ 10,424,190

Veterans Nursing Home--Augusta
Total

5,830,230 24,227,232

4,498,230 19,936,381

WEDNESDAY, FEBRUARY 7, 1990

845

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ........................................................ $8,106,713 Operations Budget: Personal Services................................................. $6,527,143 Regular Operating Expenses......................................... $297,625 Travel ............................................................. $65,250 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $21,715 Computer Charges ................................................. $328,305 Real Estate Rentals ................................................ $608,000 Telecommunications ................................................ $103,695 Per Diem, Fees and Contracts ....................................... $179,980 Georgia Crime Victims Assistance Program................................................ $50,000 Total Funds Budgeted ............................................ $8,181,713 State Funds Budgeted ............................................ $8,106,713
Section 43. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ......................................... $306,431,706
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ........................................... $25,113,000
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

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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 starring 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 12, Department of Agriculture.
It is the intent of this General Assembly that the $3,000,000 appropriated to the De partment of Agriculture for the Boll Weevil Eradication Program be utilized solely for the purpose of paying $10 per acre of the $35 per acre fee to be paid by Georgia cotton growers participating in the 1990 Cotton Boll Weevil Eradication Program.
Section 51. Provisions Relative to Section 15, Department of Corrections.
The Department of Corrections is authorized to utilize available funds to obtain, im prove and begin operations of a correctional facility in Clinch County, Georgia.
Section 52. Provisions Relative to Section 17, State Board of Education--Department of Education.
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 to 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.

WEDNESDAY, FEBRUARY 7, 1990

847

Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 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 SPY 1990 that it con tributed during SPY 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 53. 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
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
$151 229 273 322 369 400 433 459 484 517 554

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 each MH-MR-SA insti tution for fiscal year 1990 that was authorized in fiscal year 1987.

Section 54. 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 1989.

Section 55. 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 56. Provisions Relative to Section 29, Department of Natural Resources.

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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 of 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 57. 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 58. 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 59. Provisions Relative to Section 34, Department of Revenue.
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 60. 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 61. 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.

WEDNESDAY, FEBRUARY 7, 1990

849

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 62. 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 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall main tain 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 65. 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 66. To the extent to which Federal funds become available in amounts in excess

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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 67. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine ex penditures as contemplated in this Appropriations Act.
Section 68. 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 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 70. 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 available for their use, including but not limited to the Georgia Interactive Statewide Telecommunica tions Network either directly or indirectly.
Section 71. 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 paya ble to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 72. (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 Subcommittee 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 Committee 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, commis-

WEDNESDAY, FEBRUARY 7, 1990

851

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 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classi fication 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 74. 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 75. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund.

The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed 240 months:

Project/Purpose County Workcamp construction

Principal Amount
7,500,000

Debt Service 750,000

Replacement of modular units at Hardwick C.I.
Construction of additional facilities at Ga. Industrial Institute
Construction of three correctional facilities
Diversion Centers Construction
Local school construction

1,300,000
14,000,000
76,600,000 3,300,000 45,580,000

130,000
1,400,000
7,660,000 330,000
4,558,000

Construction of facilities at Institutes of Incarceration for the Department of Corrections

14,000,000

1,400,000

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Georgia Veterans Cemetery Development

1,250,000

Public Library Projects

12,925,000

B.) Maturities not to exceed 60 months:

Repairs and renovation for Technical Institutes

$ 13,500,000

Construction crew barracks

720,000

Environmental Facilities Construction

15,000,000

Water System Renovations at Central State Hospital

650,000

Section 76. Delayed Hiring Factor by Department.

Dept. of Corrections "A"

Dept. of Human Resources "A"

Dept. of Human Resources "B"

Dept. Technical and Adult

Dept. of Veterans Services

Dept. of Public Safety "A"

125,000 1,292,500
$ 3,375,000 180,000
3,750,000
162,500
$ 16,556,000 $ 1,631,441 $ 4,200,000
$ 247,133 $ 1,150,000
$ 373,009

Section 77. Total State Fund Appropriations State Fiscal Year 1990 ..................................... $7,643,807, 302
Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 79. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Parker of the 15th offered the following amendment:

Amend the substitute to HB 1288 offered by the Senate Committee on Appropriations by striking the figure "250,000" on line 1, page 30, and inserting the figure "0"; and by striking the figure "3,000,000" on line 6, page 8, and inserting the figure "3,250,000".

Senator Parker of the 15th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.

Senators Phillips of the 9th, Collins of the 17th, Newbill of the 56th, Burton of the 5th, Clay of the 37th and Ragan of the 32nd offered the following substitute to HB 1288:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act", approved April 18, 1989 (Ga. L. 1989, p. 1492), so as to change certain appropriations for the State fiscal Year 1989-1990; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1989-1990, as

WEDNESDAY, FEBRUARY 7, 1990

853

amended, known as the "General Appropriations Act" approved April 18, 1989 (Ga. L. 1989, p. 1492), is further amended by striking everything following the enacting clause through Section 78, and by substituting in lieu thereof the following:

"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, including unappropriated surplus, reserves and a revenue estimate of $7,407,000,000 for State Fiscal Year 1990.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch. ............................... $21,267,336

Personal Services--Staff ................................... $10,513,000

Personal Services--Elected Officials .......................

$3,427,649

Regular Operating Expenses............................... $2,094,900

Travel--Staff ............................................... $112,200

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

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

Equipment ....................................................... $231,000

Computer Charges ..................................... $369,000

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

Telecommunications ........................................ $664,000

Per Diem, Fees and Contracts--Staff ....................... $386,259

Per Diem, Fees and Contracts--Elected Officials ............. $2,204,228

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

Expense Reimbursement Account............................ $1,128,000

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

Total Funds Budgeted ................................... $21,267,336

State Funds Budgeted .................................. $21,267,336

Senate Functional Budgets

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

Total Funds

$ 4,031,903

$

576,073

$ 1,052,815 $ 5,660,791

State Funds

$ 4,031,903

$

576,073

$ 1,052,815 $ 5,660,791

House Functional Budgets

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total

Total Funds

$ 8,271,104

$

423,399

$ 1,111,762

$ 9,806,265

State Funds

$ 8,271,104

$

423,399

$ 1,111,762

$ 9,806,265

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office

Total Funds

$ 2,033,514

$ 1,919,437

$

786,181

State Funds

$ 2,033,514

$ 1,919,437

$

786,181

854

JOURNAL OF THE SENATE

Ancillary Activities Total

$ 1,061,148 $ 1,061,148 $ 5,800,280 $ 5,800,280

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 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 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 annul 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 ................................. $14,106,131 Operations Budget: Personal Services ............................................... $12,012,877 Regular Operating Expenses ................................... $341,610 Travel ............................................................ $800,000 Motor Vehicle Purchases............................................. $11,000 Equipment ......................................................... $23,750 Per Diem, Fees and Contracts ........................................ $25,500 Real Estate Rentals ................................................ $517,628 Computer Charges ................................................. $323,209 Telecommunications ................................................. $50,557 Total Funds Budgeted ........................................... $14,106,131 State Funds Budgeted ........................................... $14,106,131
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court Budget Unit: Supreme Court........................................ $4,210,943

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855

Section 4. Court of Appeals. Budget Unit: Court of Appeals. ..................................... $5,216,026

Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $39,445,788
Operation of the Courts ................................................. $37,695,444 Prosecuting Attorneys' Council.............................................. $692,233
Sentence Review Panel. .................................................... $126,479
Council of Superior Court Judges ............................................................... $85,425
Judicial Administrative Districts ............................................ $831,207
Habeas Corpus Clerk........................................................ $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............................................... $562,500
Institute's Operations............................................... $437,000
Georgia Magistrate Courts Training Council.................................. $125,500

Section 8. Judicial Council.

Budget Unit: Judicial Council....................................... $1,794,304

Council Operations ................................................. $773,677

Payments to Judicial Administrative

Districts for Case Counting ........................................ $73,500

Board of Court Reporting ............................................ $30,355

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 ........................................ $231,132

Payment to Computerized Information Network ...................... $629,640

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission........................ $112,242

Section 10. Indigent Defense Council ...... Budget Unit: Indigent Defense Council .............................. $1,000,000 Grants ............................................................ $950,000 Operations. ......................................................... $50,000
PART III.
EXECUTIVE BRANCH

Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ................ $45,034,707
Administration and Services Budget: Personal Services................................................ $46,443,227 Regular Operating Expenses...................................... $10,157,106 Travel ............................................................ $341,800 Motor Vehicle Purchases............................................ $426,000 Equipment ...................................................... $2,119,906 Computer Charges ............................................... $9,311,581 Real Estate Rentals .............................................. $3,545,328

856

JOURNAL OF THE SENATE

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 ......................... Authorities Liability Reserve Fund............................. Grants to Counties ........................................... Grants to Municipalities ...................................... Total Funds Budgeted ........................................ State Funds Budgeted ........................................

.... $904,605 . . $1,337,060
$16,159,500 ... $37,900 . $2,000,000
. $1,000,000
. . $3,260,000 . $36,494,172
$13,000,000 .... $608,800 . . . . . $40,000
... $30,000 ..... $--0-- .. $2,600,000 . $4,200,000 $154,026,985 . $45,034,707

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

430,696

430,696

Departmental Administration

6,726,013

6,695,948

Treasury and Fiscal Administration

$ 17,339,145 $ 15,339,145

Central Supply Administration

12,762,042 $

Procurement Administration

2,926,504 $ 2,926,504

General Services Administration

681,221 $

--0--

Space Management Administration

572,247 $

572,247

Data Processing Services

51,300,540 $ 13,220,167

Motor Vehicle Services

4,018,049 $

Communication Services

46,187,199 $ 5,850,000

Printing Services Surplus Property Services

6,694,476 $ 1,567,948 $

--0--

Mail and Courier Services

949,833 $

Risk Management Services

1,871,072 $

Total

154,026,985 $ 45,034,707

B. Budget Unit: Georgia Building Authority . Georgia Building Authority Budget Personal Services....................... Regular Operating Expense ............ Travel ............................... Motor Vehicle Purchases............... Equipment ........................... Computer Charges .................... Real Estate Rentals ................... Telecommunications ...................

........ $--0--
... $19,882,891 .... $4,953,819 ........ $22,750
..... $238,500 ....... $220,775 ...... $96,000 ....... $10,800 ....... $138,600

WEDNESDAY, FEBRUARY 7, 1990

857

Per Diem, Fees and Contracts ....................................... $164,800 Capital Outlay ..................................................... $260,000 Utilities ......................................................... $8,166,638 Contractual Expense ............................................... $190,000 Fuel ............................................................... $--0-- Facilities Renovations and Repairs .................................... $--0-- Total Funds Budgeted ........................................... $34,345,573 State Funds Budgeted ............................................... $--0--

Georgia Building Authority Functional Budgets

$ Total Funds

Grounds

$ 1,950,197

Custodial

$ 5,117,756

Maintenance

$ 5,101,654

Security Van Pool

$ 5,088,928

$

301,103

Sales

$ 4,723,888

Administration

$ 11,176,672

Railroad Excursions

$

885,375

Facility Renovations

$

--0--

Total

$ 34,345,573

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

C. Budget Unit: Agency for the Removal of Hazardous Materials.......... $251,364 Operations Budget: Personal Services................................................. $4,522,464 Regular Operating Expenses....................................... $3,998,000 Travel .......................................................... $1,504,800 Motor Vehicle Purchases............................................ $271,900 Equipment ........................................................ $700,000 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $20,200 Per Diem, Fees and Contracts....................................... $800,000 Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0-- Total Funds Budgeted ........................................... $11,817,364 State Funds Budgeted .............................................. $251,364

Section 12. Department of Agriculture. A. Budget Unit: Department of Agriculture ........................... $35,475,409
State Operations Budget: Personal Services. ............................................... $30,070,747 Regular Operating Expenses....................................... $3,563,483 Travel ............................................................ $876,524 Motor Vehicle Purchases............................................ $500,842 Equipment ........................................................ $270,000 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......................................... $2,335,105

858

JOURNAL OF THE SENATE

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro
Veterinary Fees ......................................... Indemnities............................................. Bee Indemnities......................................... Advertising Contract .................................... Payments to Georgia Agrirama Development
Authority for Operations ............................... Renovation, Construction, Repairs and Maintenance
Projects at Major and Minor Markets ................... Capital Outlay .......................................... Contract--Federation of Southern Cooperatives ............ Tick Control Program ................................... Poultry Indemnities ..................................... Boll Weevil Eradication Program ......................... Total Funds Budgeted................................... State Funds Budgeted ...................................
Department of Agriculture Functional Budgets

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

Total Funds $ 4,913,866 $ 7,265,619
1,898,802 3,744,767 4,662,651 1,504,817 3,159,466
$ 6,250,543 4,170,603 4,493,929 399,160 2,126,100 44,590,323

B. Budget Unit: Georgia Agrirama Development Authority: Georgia Agrirama Development 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 ...................................... Goods for Resale .................................... Total Funds Budgeted............................... State Funds Budgeted ...............................

Section 13. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .......

$2,341,943 . . $547,000 ... $91,000 ... $60,000 . . $205,000
. . . $565,132
$370,000 .... $--0-- ... $60,000 ... $50,000 .... $--0-- .... $--0-- $44,590,323 $35,475,409
State Funds 4,564,866 6,891,619 1,861,548 3,744,767 4,591,988 1,504,817 3,145,566
4,761,101 1,534,173
999,714 4,404
1,870,846 35,475,409
..... $--0--
.... $639,106 .... $154,104 ...... $4,650
.... $1,000 ..... $7,850 ..... $--0-- ..... $--0-- ...... $8,818 ... $107,708 .... $375,000 ..... $94,300 . . $1,392,536 ..... $--0--
. $6,150,380

WEDNESDAY, FEBRUARY 7, 1990

859

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

Section 14. Department of Community Affairs. Budget Unit: Department of Community Affairs .................... .$22,005,071
State Operations Budget: Personal Services................................................. $5,649,091 Regular Operating Expenses. ........................................ $299,911 Travel ............................................................ $202,755 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $27,410 Computer Charges ................................................. $219,155 Real Estate Rentals ................................................ $467,662 Telecommunications ................................................. $68,574 Per Diem, Fees and Contracts ....................................... $134,020 Capital Felony Expenses ............................................ $158,000 Contracts with Regional Developmental Commissions ................ $2,625,000 Local Assistance Grants .......................................... $4,787,402 Appalachian Regional Commission Assessment........................ $120,759 Community Development Block Grants (Federal) .................. $30,000,000 Music Hall of Fame ................................................. $50,000 Grant - Herty Foundation ........................................ $4,200,000 Local Development Fund ......................................... $1,650,000 Payment to Georgia Residential Finance Authority .................. $2,450,000 Payment to Georgia Environmental Facilities Authority for Operations .......................................... $406,515 Total Funds Budgeted ........................................... $53,516,254 State Funds Budgeted ........................................... $22,005,071

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner

$ 1,041,916 $ 1,019,416

Technical Assistance

$ 1,437,938 $ 1,269,126

Financial Assistance

$ 48,382,901 $ 17,227,741

Rural Development

$ 1,166,641 $ 1,126,641

Coordinated Planning

$ 1,486,858 $ 1,362,147

Total

$ 53,516,254 $ 22,005,071

Section 15. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation
Personal Services..................................... Regular Operating Expenses........................... Travel .............................................. Motor Vehicle Purchases.............................. Equipment ..........................................

$504,547,871 $271,050,639 $33,600,154 . . $1,589,804 . . $3,279,000 . . $8,171,294

860

JOURNAL OF THE SENATE

Computer Charges ............................................... $1,613,000 Real Estate Rentals .............................................. $3,253,000 Telecommunications .............................................. $2,850,358 Per Diem, Fees and Contracts ..................................... $1,810,152 Capital Outlay ................................................. $118,349,450 Utilities ........................................................ $10,403,265 Court Costs........................................................ $380,000 County Subsidy ................................................. $12,454,000 County Subsidy for Jails .......................................... $9,625,000 County Workcamp Construction Grants .............................. $525,000 Grants for Local Jails ........................................... $10,200,000 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 ............................................. $1,165,000 Health Services Purchases ....................................... $16,642,082 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 .......................................... $513,135,198 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $504,547,871

Departmental Functional Budgets

Total Funds

State Funds

Administration

$ 164,804,654 $ 164,306,151

Institutions and Support

$ 282,235,934 $ 280,728,934

Probation

$ 66,094,610 $ 59,512,786

Total

$ 513,135,198 $ 504,547,871

B. Budget Unit: Board of Pardons and Paroles ...............

$30,957,193

Board of Pardons and Paroles Budget:

Personal Services................................................ $22,826,976

Regular Operating Expenses......................................... $920,015

Travel ............................................................ $752,760

Motor Vehicle Purchases............................................ $265,000

Equipment ........................................................ $795,279

Computer Charges ................................................. $690,159

Real Estate Rentals .............................................. $1,604,700

Telecommunications ................................................ $903,466

Per Diem, Fees and Contracts ..................................... $1,210,938

County Jail Subsidy ................................................ $987,900

Total Funds Budgeted ........................................... $30,957,193

State Funds Budgeted ........................................... $30,957,193

Section 16. Department of Defense. Budget Unit: Department of Defense ................................ $5,622,287
Operations Budget: Personal Services................................................. $8,563,115 Regular Operating Expenses....................................... $4,207,153 Travel ............................................................. $77,604 Motor Vehicle Purchases............................................. $41,500 Equipment ......................................................... $57,525

WEDNESDAY, FEBRUARY 7, 1990

861

Computer Charges .................................................. $34,155 Real Estate Rentals .................................................. $5,760 Telecommunications ................................................ $154,276 Per Diem, Fees and Contracts ....................................... $201,500 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 ........................................... $15,926,236 State Funds Budgeted ............................................ $5,622,287

Department of Defense Functional Budgets

Total Funds

Office of the Adjutant General

$ 1,393,490

General Emergency Management Agency

$ 3,288,386

Georgia Air National Guard

$ 3,764,149

Georgia Army National Guard

$ 7,480,211

Total

$ 15,926,236

State Funds

$ 1,314,373

$ 1,026,912

$

534,991

$ 2,746,011

$ 5,622,287

Section 17. State Board of EducationDepartment of Education.
Budget Unit: Department of Education ................................................ $2,796,426,511
Operations: Personal Services................................................ $42,518,139 Regular Operating Expenses....................................... $5,476,303 Travel .......................................................... $1,931,117 Motor Vehicle Purchases............................................. $91,783 Equipment ........................................................ $772,828 Computer Charges .............................................. $14,265,442 Real Estate Rentals .............................................. $2,442,691 Telecommunications ................................................ $829,900 Per Diem, Fees and Contracts .................................... $22,650,366 Utilities ........................................................... $770,888 Capital Outlay ..................................................... $472,000 QBE Formula Grants: Kindergarten/Grades 1 - 3 ...................................... $696,795,169 Grades 4 - 8 ................................................... $584,863,934 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

862

JOURNAL OF THE SENATE

Mid-Term Adjustment........................................... $35,400,723 Local Fair Share .............................................. $(479,220,239)
Other Categorical Grants: Equalization Formula........................................... $131,572,698 Sparsity Grants .................................................. $3,819,603 In School Suspension ............................................ $13,327,813 Special Instructional Assistance. .................................. $19,180,000 Middle School Incentive ......................................... $19,849,036
Special Education Low-- Incidence Grants ................................................ $100,000
Non-QBE Grants: Education of Children of Low--
Income Families .............................................. $95,312,627
Retirement (H.B. 272 and H.B. 1321) ....................................... $3,503,745
Instructional Services for the Handicapped .............................................. $28,483,503
Removal of Architectural Barriers ......................................................... $888,439
Tuition for the Multi-Handicapped............................................. $2,475,000
Severely Emotionally Disturbed .................................. $33,732,168 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 ........................................................ $2,720,965
High School Program ............................................ $16,732,524
Special Education in State Institutions .............................................. $3,473,560
Governor's Scholarships........................................... $1,066,000 Special Projects ................................................... $452,000 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 .......................................... $4,679,416 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 Board of Technical and Adult Education .................................................... $13,848,106
Innovative Programs.............................................. $2,453,089 Technology Grants ................................................. $850,000

WEDNESDAY, FEBRUARY 7, 1990

863

Limited English--Speaking Students Program ............
Drug Free School (Federal) ... Transition Program for Refugees Emergency Immigrant Education
Program..................... Title II Math/Science Grant
(Federal) .................... Robert C. Byrd Scholarship
(Federal) .................... Public Library Construction Local School Construction ... Asbestos Removal .............. Total Funds Budgeted .......... Indirect DOAS Services Funding State Funds Budgeted ..........

Education Functional Budgets

State Administration
Instructional Programs
Governor's Honors Program
Administrative Services
Evaluation and Personnel Development
Special Services
Professional Standards Commission
Professional Practices Commission
Local Programs
Georgia Academy for the Blind
Georgia School for the Deaf
Atlanta Area School for the Deaf
Total

Total Funds $ 16,918,162 $ 18,290,112 $ 1,301,885 $ 13,819,306

$ 19,400,771 $ 4,553,515

$

287,980

$

586,251

$ 3,028,467,005

$ 4,632,126 $ 7,430,656

$ 5,000,693 $ 3,120,688,462

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 .............

$3,135,000 $5,162,697 . $113,861
. $100,000
. . . . $2,252,698
$154,000 . . $14,700,000 . . $115,112,826 ...... $100,817 . $3,120,688,462 ..... $340,000 . $2,796,426,511

State Funds $ 15,829,219 $ 9,396,626 $ 1,159,366 $ 9,382,499

$ 18,965,221 $ 2,954,188

$

287,980

$

586,251

2,721,825,890

4,406,864 7,104,424

4,527,983 2,796,426,511

.$--0--
. $1,326,323 . . . . $125,000 ..... $8,000 .... $--0-- .... $7,000 ... $289,000 ... $124,000 ... $32,000 . . . $718,000 .... $-0.... $--0--

864

JOURNAL OF THE SENATE

Total Funds Budgeted State Funds Budgeted

Section 19. Forestry Commission. Budget Unit: Forestry Commission . State Operations Budget: Personal Services ............... Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Computer Charges .............. Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts ... Contractual Research ............ Payments to the University of Georgia, School of Forestry for Forest Research ........... 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

$ 5,289,193

Field Services

$ 34,434,595

Wood Energy

$

28,912

General Administration and Support

2,650,453

Total

42,403,153

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 ..................

State Funds Budgeted ..................

$2,629,323 . . . $--0--
.$36,654,112
$28,750,590 . . $6,922,549 .... $174,520 . . $1,228,810 . . $2,730,173 .... $154,806 . . . . . $39,174 .... $942,267 .... $478,764 .... $310,000
... $--0--
. . . . $30,000
$60,000 .... $30,500 . . . $551,000 $42,403,153 $36,654,112
State Funds 2,104,153
31,899,517
28,912
2,621,530 36,654,112
. $33,935,615
. $24,299,481 . . $2,544,438 ... $646,760
$624,650 $596,288 . . . $631,000 . . $1,785,200 . . $1,955,798 . . . . $277,000 . . $500,000 ... $75,000 $33,935,615 . $33,935,615

WEDNESDAY, FEBRUARY 7, 1990

865

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

$ 3,011,417 $ 3,011,417

Drug Enforcement

$ 6,702,771 $ 6,702,771

Investigative

$ 10,691,312 $ 10,691,312

Georgia Crime Information Center

$ 6,759,329 $ 6,759,329

Forensic Sciences

$ 6,770,786 $ 6,770,786

Total

$ 33,935,615 $ 33,935,615

Section 21. Office of the Governor. Budget Unit: Office of the Governor ................................ $22,516,892 Personal Services. ................................................ $9,458,962 Regular Operating Expenses......................................... $482,288 Travel ............................................................ $186,775 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $76,334 Computer Charges ................................................. $158,637 Real Estate Rentals ................................................ $655,161 Telecommunications ................................................ $204,420 Per Diem, Fees and Contracts .................................... $32,028,961 Cost of Operations ............................................... $2,860,758 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $3,150,000 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 ..................................... $1,162,835 Children and Youth Grants ......................................... $100,000 Juvenile Justice Grants ........................................... $1,262,925 Payments to Hazardous Waste Management Authority ......................................... $1,420,000 Total Funds Budgeted ........................................... $56,681,656 State Funds Budgeted ........................................... $22,516,892 Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office

$ 6,212,758 $ 6,212,758

Office of Fair Employment Practices

$

856,494 $

779,840

Office of Planning and Budget

$ 6,059,205 $ 6,059,205

Council for the Arts

$ 3,936,074 $ 3,417,010

Office of Consumer Affairs

$ 2,144,435 $ 2,144,435

State Energy Office

$ 32,405,666 $

326,982

Vocational Education Advisory Council

$

341,005 $

151,445

Office of Consumers Utility Council

$

650,834 $

650,834

866

JOURNAL OF THE SENATE

Criminal Justice Coordinating Council
Juvenile Justice Coordinating Council
Commission on Children and Youth
Growth Strategies Commission
Human Relations Commission
Total

$

741,861 $

487,982

$ 1,519,390 $

472,467

$ 1,687,046 $ 1,687,046

$

-0--

$

126,888 $

126,888

$ 56,681,656 $ 22,516,892

Section 22. Department of Human Resources. A. Budget Unit: Departmental
Operations .............:.................................... .$482,001,433 1. General Administration and
Support Budget: Personal Services................................................ $61,668,877 Regular Operating Expenses....................................... $3,898,862 Travel ......................................................... $1,631,050 Motor Vehicle Purchases............................................ $860,441 Equipment ........................................................ $601,460 Computer Charges ............................................... $2,871,470 Real Estate Rentals ........................................... $5,550,617 Telecommunications .............................................. $1,367,492 Per Diem, Fees and Contracts ..................................... $2,866,613 Utilities ....................................................... $393,992 Postage ......................................................... $1,390,017 Capital Outlay .................................................... $--0--
Institutional Repairs and Maintenance ................................................. $116,700
Payments to DMA-- Community Care ............................................... $9,429,100
Service Benefits for Children ..................................... $12,696,000 Special Purpose Contracts .......................................... $258,000 Purchase of Service Contracts .................................... $35,539,845 Total Funds Budgeted .......................................... $141,140,536 Indirect DOAS Services Funding .................................... $638,300 State Funds Budgeted ........................................... $64,689,798

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office

$

798,516 $

Administrative Appeals

$ 1,850,632 $

Administrative Policy, Coordination, and Direction

$

339,894 $

Personnel

$ 1,818,464 $

Indirect Cost

$

--0-- $

Facilities Management

$ 5,105,154 $

Public Affairs

$

575,196 $

Community/ Intergovernmental Affairs

$

652,178 $

Budget Administration

$ 1,711,377 $

State Funds 798,516
1,850,632
339,894 1,818,464 (6,213,445) 3,573,459
575,196
652,178 1,711,377

WEDNESDAY, FEBRUARY 7, 1990

867

Financial Services
Auditing Services Special Projects Office of
Children and Youth Planning Councils Community Services
Block Grant Regulatory Services--
Program Direction and Support
Child Care Licensing Laboratory Improvement Health Care Facilities
Regulation Compliance Monitoring Radiological Health
Fraud and Abuse Child Support Recovery Support Services Aging Services
State Health Planning and Development Agency
Total

$ 5,531,105

$ 2,097,888

$

524,000

5,331,105 2,097,888
524,000

$ 12,696,000

$

501,971

12,103,358 148,760

9,103,127 $

--0--

$

736,896

$ 2,597,142

$

800,718

726,896 2,597,142
459,723

4,612,799 482,579 888,887
5,705,318 29,332,779 12,166,893 39,155,875

1,290,979 482,579 671,139 224,443
4,393,402 11,239,293 15,987,672

1,355,148

1,305,148

141,140,536 $ 64,689,798

2. Public Health Budget: Personal Services................................................ $49,684,158 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 ........................................ $69,268,121 Purchase of Service Contracts .................................... $11,801,121

868

JOURNAL OF THE SENATE

Special Purpose Contracts ...... Total Funds Budgeted.......... Indirect DOAS Services Funding State Funds Budgeted ..........
Public Health
Director's Office Employee's Health Health Program Management Vital Records 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

ictional Budgets

Total Funds

$

876,855

$

375,618

$ 1,303,750

$ 1,933,437

$

843,469

$

815,213

...... $6,400,500 . $220,393,740
........ $549,718 $130,187,899

State Funds

$

679,630

$

315,618

$ 1,218,750

$ 1,769,375

$

620,651

$

749,280

$ 1,990,841 $ 1,460,841

$ 1,841,921 $

929,807

$

599,292 $

-0-

$ 1,567,444 $

301,361

$ 1,704,685 $

$ 11,453,558 $

$ 10,493,423 $

$ 3,065,463 $

$ 10,253,585 $

$ 56,504,981 $

$ 1,790,881 $

$ 12,163,487 $

$ 1,353,103 $

$

694,308 $

$ 4,069,451 $

$ 1,003,880 $

$ 5,520,492 $

$ 2,983,409 $

1,551,844 5,491,914 9,326,513 1,053,587 6,222,745
-- 0-- 1,580,706 9,929,425 1,353,103
694,308 3.965,876
515,108 5,400,492 1,922,909

$ 10,412,561 $ 10,282,886

$

936,370 $

746,105

$ 3,630,564 $ 3,140,564

$ 4,435,868

$ 57,114,862

$

483,695

$ 3,059,110

$ 5,118,164

$ 220,393,740

$ 4,435,868

$ 50,549,955

$

400,563

$ 1,214,463

$ 2,363,652

$ 130,187,899

WEDNESDAY, FEBRUARY 7, 1990

869

3. Rehabilitation Services Budget: Personal Services................................................ $65,937,525 Regular Operating Expenses....................................... $9,849,338 Travel ............................................................ $815,163 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..................................... $4,487,877 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 .......................................... $774,000 Purchase of Services Contracts .................................... $7,202,585 Total Funds Budgeted .......................................... $113,442,015 Indirect DOAS Services Funding .................................... $100,000 State Funds Budgeted ........................................... $24,923,648

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support

$ 3,855,811 $ 1,462,090

Grants Management

$

862,128 $

717,125

State Rehabilitation Facilities

$ 7,701,819 $ 1,540,362

Roosevelt Warm Springs Institute

$ 18,219,762 $ 4,827,754

Georgia Factory for the Blind

$ 13,137,741 $

719,751

Disability Adjudication

$ 23,975,174 $

--0--

Production Workshop

$

854,410 $

--0--

District Field Services Independent Living

$ 36,407,029 $

$

513,031 $

8,178,106 308,031

Sheltered Employment

$ 1,467,425 $

722,744

Community Facilities

$ 6,027,535 $ 6,027,535

Bobby Dodd Workshop

$

420,150 $

420,150

Total

$ 113,442,015 $ 24,923,648

4. Family and Children Services Budget: Personal Services. ........... Regular Operating Expenses. Travel ..................... Motor Vehicle Purchases.... Equipment ................. Computer Charges .......... Real Estate Rentals ........ Telecommunications ........

$14,978,953 . $1,559,285 . . . $415,227 .... $--0--
. $147,916 $16,791,984 . $226,365 . $1,156,500

870

JOURNAL OF THE SENATE

Utilities .........................

......... $9,100

Postage ...........................

...... $1,461,435

Cash Benefits ......................

$316,130,150

Grants to County DFACS--

Operations .......................

.... $201,928,552

Service Benefits for Children ........

..... $46,499,365

Special Purpose Contracts ..........

. $3,532,000

Purchase of Service Contracts .......

. $2,260,000

Total Funds Budgeted ..............

.... $612,512,545

Indirect DOAS Services Funding . .

...... $2,339,882

State Funds Budgeted ...................................... . . $262,200,088

Family and Children Services Functional Budgets

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations-
Social Services County DFACS Operations-
Eligibility County DFACS Operations-
Joint 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

Total Funds

$ 1,329,923

$ 305,603,127

$

100

$ 10,051,000

$ 55,487,205

$ 87,304,295

$ 49,669,586

$ 6,991,195

$ 2,425,000

$

887,056

$ 4,461,608

$ 4,089,928

$ 4,675,683

$ 19,668,218

$ 2,646,992

$

-- 0--

$ 2,318,389

$ 2,000,000

$ 21,768,990

$ 2,630,504

$

791,500

$ 3,591,282

$ 15,865,300

$

158,000

$

776,500

$ 1,231,500

$ 3,478,393

State Funds

$

-- 0--

$ 115,796,590

$

100

$

-- 0--

$ 9,283,607

$ 43,588,161

$ 24,094,929

$ 6,991,195

$

-- 0--

$

887,056

$ 3,712,015

$ 4,089,928

$ 2,229,303

$ 8,535,303

$ 2,646,992

$ (6,608,748)

$ 1,908,631

$ 2,000,000

$ 15,062,835

$ 2,120,902

$

613,359

$ 2,594,470

$ 15,865,300

$

158,000

$

776,500

$ 1,209,131

$ 3,313,393

WEDNESDAY, FEBRUARY 7, 1990

871

County DFACS Operations-- Employability Program
Total

$ 2,611,271 $ 612,512,545

$ 1,331,136 $ 262,200,088

Budget Unit Object Classes: Personal Services............................................... $192,269,513 Regular Operating Expenses...................................... $69,751,011 Travel .......................................................... $4,109,505 Motor Vehicle Purchases............................................ $979,441 Equipment ...................................................... $1,599,587 Computer Charges .............................................. $22,062,669 Real Estate Rentals .............................................. $9,632,613 Telecommunications .............................................. $4,666,647 Per Diem, Fees and Contracts .................................... $16,313,269 Utilities ......................................................... $1,380,592 Postage ......................................................... $3,388,353 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 ........................................ $69,268,121 Payments to DMA-Community Care ............................... $9,429,100 Service Benefits for Children ..................................... $59,195,365 Case Services ................................................... $16,157,000 E.S.R.P. Case Services ............................................... $52,000 Cash Benefits .................................................. $316,130,150 Grants for County DFACS-- Operations................................................... $201,928,552 Institutional Repairs and Maintenance................................................. $359,200 Special Purpose Contracts ....................................... $10,964,500 Purchase of Service Contracts .................................... $56,803,551

B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions............................................. $512,876,100
Departmental Operations: Personal Services .............................................. $388,940,184 Regular Operating Expenses...................................... $35,794,041 Travel .......................................................... $1,118,360 Motor Vehicle Purchases. ........................................... $574,700 Equipment ...................................................... $3,517,648 Computer Charges ............................................... $4,964,536 Real Estate Rentals ................................................ $882,375 Telecommunications .............................................. $3,149,333 Per Diem, Fees and Contracts ..................................... $6,185,703 Utilities ........................................................ $13,368,100

872

JOURNAL OF THE SENATE

Capital Outlay ............................................. Authority Lease Rentals ....................................
Institutional Repairs and Maintenance .............................................
Grants to County-Owned Detention Centers .................. Substance Abuse Community Services...................... Mental Retardation
Community Services ..................................... Mental Health Community Services......................... Community Mental Health
Center Services ......................................... Special Purpose Contract .................................. Service Benefits for Children ............................... Purchase of Service Contracts .............................. Total Funds Budgeted ..................................... Indirect DOAS Services Funding ........................... State Funds Budgeted .....................................

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

Southwestern State Hospital

$ 38,623,696

Georgia Retardation Center

$ 36,065,680

Georgia Mental Health Institute

$ 28,650,720

Georgia Regional Hospital at Augusta

$ 22,800,638

Northwest Regional Hospital at Rome

$ 31,474,308

Georgia Regional Hospital at Atlanta

$ 30,031,010

Central State Hospital

$ 133,510,192

Georgia Regional Hospital at Savannah

$ 24,766,009

Gracewood State School and Hospital

$ 46,379,127

West Central Georgia Regional Hospital

$ 22,595,721

Outdoor Therapeutic Program

$ 3,238,022

Mental Health Community Assistance

$ 9,372,910

Mental Retardation Community Assistance

$ 5,253,273

Day Care Centers for Mentally Retarded

$ 67,842,915

Supportive Living

$ 14,344,591

Georgia State Foster Grandparents/Senior Companion Program

$

663,472

Project Rescue

$

447,950

Drug Abuse Contracts

$ 1,366,888

. $9,935,200 . . $2,451,904
. $11,208,300 . . $2,768,050 . $35,847,141
. $88,484,941 . $14,675,191
. $55,648,377 . . $1,424,600
$3,137,860 ... $597,000 $684,673,544 . . $2,404,100 $512,876,100

State Funds $ 25,297,654 $ 18,223,178
$ 24,802,478
$ 19,252,794
$ 24,642,366
$ 23,223,276 $ 89,647,527
$ 22,076,166
$ 24,199,935
$ 18,641,878 $ 2,391,246
$ 9,169,615
$ 2,728,168
$ 40,106,915 $ 14,344,591

$

635,007

$

447,950

$ 1,366,888

WEDNESDAY, FEBRUARY 7, 1990

873

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 Developmental 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

$ 55,648,377 $ 43,561,802

$

383,300 $

383,300

$ 1,612,094 $ 1,361,594

$

291,930 $

291,930

$

330,600 $

330,600

$ 3,658,709 $ 3,658,709

$ 15,517,237 $ 15,517,237

$

76,900

$ 9,452,199

$ 22,174,417

$ 15,251,814

$ 9,683,541

$ 4,177,578

$ 3,838,440

$ 12,681,408

$ 2,750,200

$

953,696

$

678,808

$ 4,600,009

$

697,861

$

412,034

$ 2,375,270 $ 684,673,544

$

76,900

$ 7,395,120

$ 21,760,417

$ 14,882,714

$ 9,611,841

$ 4,059,678

$ 3,737,340

$ 12,681,408

$ 2,750,200

$

953,696

$

678,808

$ 4,500,009

$

697,861

$

412,034

$ 2,375,270 $ 512,876,100

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 Advertisine ................................

..... $18,887,081
.... $7,530,214 ....... $1,683,941
... $349,445 ........ $34,880 ......... $72,287 ......... $134,342
. . . $635,968 ......... $252,450 ........ $297,370
. . . $245,000
...... $5,651,184

874

JOURNAL OF THE SENATE

Georgia Ports Authority Authority Lease Rentals .....
Historic Chattahoochee Commission Contract ....
Atlanta Council for International Visitors ........
Waterway Development in Georgia ....................
Georgia Music Week Promotion Georgia World Congress Center
Operating Expenses ......... Contract-Georgia Association
of Broadcasters............. Southern Center for
International Studies ........ Music Hall of Fame .......... Capital Outlay ................ Total Funds Budgeted......... State Funds Budgeted .........

Department of Industry and Trade Functional Budgets

Total Funds

Administration

$ 6,666,463

Economic Development

$ 5,084,655

Tourism

$ 8,258,963

Total

$ 20,010,081

Section 24. Department of Insurance. Budget Unit: Department of Insurance. . Operations Budget: Personal Services..................... Regular Operating Expenses....... Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ High-Risk Health Insurance Board.... Total Funds Budgeted............... State Funds Budgeted ...............

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$ 2,038,161

Insurance Regulation

$ 6,545,218

Industrial Loans Regulation

$

601,266

Fire Safety and Mobile Home Regulations

$ 5,113,007

Total

$ 14,297,652

. $2,745,000
.... $90,000
. . . . . $25,000
. . . . . $50,000 . . . . . $35,000
$100,000
. . . . . $53,000
. . . . . $25,000 . . . . . $--0-- . . . . . $--0-- . $20,010,081
$18,887,081
State Funds 5,856,463 4,911,655 8,118,963 18,887,081
.$13,231,258
$11,365,135 . . . . $567,900
$892,528 $139,900 . . . . $124,889 . . . . $425,900 .... $515,100 $215,800 ..... $50,500 ..... $--0-- . $14,297,652 . $13,231,258
State Funds 2,038,161 6,415,218 601,266
4,176,613 13,231,258

WEDNESDAY, FEBRUARY 7, 1990

875

Section 25. Department of Labor. Budget Unit: Department of Labor . State Operations Personal Services................. Regular Operating Expenses....... Travel .......................... Motor Vehicle Purchases.......... Equipment ...................... Computer Charges ............... Real Estate Rentals ............. Telecommunications .............. Per Diem, Fees and Contracts (JTPA) .............. Per Diem, Fees and Contracts ... W.I.N. Grants ................... Payments to State Treasury...... Capital Outlay ................... Total Funds Budgeted ............ State Funds Budgeted ...........

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 8,006,311

Administrative Services

$ 16,675,514

Employment and Training Services

119,711,540

Total

144,393,365

. $6,500,787
$61,099,018 . $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 $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.................................... $8,763,322 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 ....................................... $310,000 Books for State Library.................................... $110,000 Total Funds Budgeted ............................................ $9,354,222 State Funds Budgeted ............................................ $8,763,322

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ................................... $567,530,455 Departmental Operations Budget: Personal Services................................................ $12,589,300 Regular Operating Expenses......................................... $618,086 Travel ............................................................ $190,500 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $61,727 Computer Charges .............................................. $13,543,138 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $392,900 Per Diem, Fees and Contracts .................................... $24,251,556

876

JOURNAL OF THE SENATE

Medicaid Benefits, Penalties and Disallowances ......................
Payments to Counties for Mental Health ................................
Audit Contracts .......................... Total Funds Budgeted .................... State Funds Budgeted

. $1,561,351,220
. $32,895,060 ........ $772,500 . . . $1,647,601,960 ... $567,530,455

Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursement Benefits, Penalties
and Disallowances Total

Medical Assistance Functional Budgets Total Funds
$ 2,724,364 $ 25,156,866 $ 15,781,693 $ 2,878,687 $ 4,274,665
$ 2,539,405
$ 1,594,246,280 $ 1,647,601,960

State Funds

$

833,039

$ 2,660,444

$ 4,367,960

$

464,218

$ 1,428,300

$ 1,222,737

$ 556,553,757 $ 567,530,455

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ........................ Departmental Operations Budget: Personal Services. ........................ Regular Operating Expenses ............... Travel .................................. Equipment .............................. Computer Charges ...................... Real Estate Rentals ...................... Telecommunications ...................... Per Diem, Fees and Contracts ............. Health Insurance Payments ............... Total Funds Budgeted .................... Agency Assessments ...................... Employee and Employer Contributions ......................... Deferred Compensation ................... State Funds .............................

$26,093,000
...... $7,510,316 ... $2,056,528
......... $84,509 .... $58,430
...... $2,877,767 ........ $884,119 .... $338,970
. . $42,964,275 . $508,151,513 . . . . . $564,926,427 ...... $9,419,549
. $529,340,134 ...... $73,744 ...... $26,093,000

Applicant Services
Classification and Compensation
Flexible Benefits
Employee Training and Development
Health Insurance Administration
Health Insurance Claims

Merit System Functional Budgets Total Funds
$ 2,619,632
$ 1,130,788 $ 1,226,597
$ 1,294,553
$ 15,645,719 $ 539,225,328

State Funds

$

-- 0--

$

-0--

$

-- 0--

$

-- 0--

$

-- 0--

$ 26,093,000

WEDNESDAY, FEBRUARY 7, 1990

877

Internal Administration Commissioner's Office Total

2,243,818 1,539,992 564,926,427

--0-- --0-- 26,093,000

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................... $86,969,785
Operations Budget: Personal Services................................................ $56,950,352 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 Land and Water Conservation Grants .......................................................... $900,000 Recreation Grants ................................................ $1,233,000 Contract with U.S. Geological Survey for Ground Water Resources Survey ................................................ $300,000 Contract with U.S. Geological Survey for Topographical 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 ............................................ $980,000 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 ................................................... $8,575,000 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

878

JOURNAL OF THE SENATE

Georgia Boxing Commission................................. Lanier Regional Committee ................................. Paving at State Parks and
Historic Sites ............................................ Grant--Chehaw Park Authority ............................. Grant--Zoo Atlanta ........................................ Total Funds Budgeted...................................... Receipts from Jekyll Island
State Park Authority ..................................... Receipts from Stone Mountain
Memorial Association ..................................... Indirect DOAS Funding .................................... State Funds Budgeted ......................................

Department of Natural Resources Functional Budgets

Total Funds

Internal Administration Game and Fish

$ 14,628,654 27,547,151

Parks, Recreation and Historic Sites

37,767,277

Environmental Protection

26,687,198

Coastal Resources

1,925,037

Total

108,555,317

...... $7,000 ..... $13,000
... $500,000 ... $250,000 ... $250,000 $108,555,317
.... $314,594
$315,000 . . $200,000 $86,969,785
State Funds 13,999,060 23,854,765
24,176,809 23,099,114 1,840,037 86,969,785

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

..... $--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 .....................

. $78,225,821
. $59,687,770 . . $8,878,459 ... $167,250 . . $2,617,532 .... $963,481 . . $4,224,364 ..... $71,202

WEDNESDAY, FEBRUARY 7, 1990

879

Telecommunications .............................................. $1,317,813 Per Diem, Fees and Contracts....................................... $258,850 Conviction Reports ................................................. $232,500 State Patrol Posts Repairs
and Maintenance................................................. $200,000 Capital Outlay ..................................................... $275,000 Driver License Processing ........................................... $981,600 Total Funds Budgeted ........................................... $79,875,821 Indirect DOAS Service Funding ................................... $1,650,000 State Funds Budgeted ........................................... $78,225,821

Administration Driver Services Field Operations Total

Public Safety Functional Budgets Total Funds
$ 17,874,233 $ 16,065,742 $ 45,935,846 $ 79,875,821

State Funds $ 16,374,233 $ 16,065,742 $ 45,785,846 $ 78,225,821

B. Budget Unit: Units Attached for Administrative Purchases Only ................................... $13,968,661
1. Attached Units Budget: Personal Services................................................. $7,033,399 Regular Operating Expenses....................................... $2,441,826 Travel ............................................................ $134,000 Motor Vehicle Purchases............................................ $116,282 Equipment ........................................................ $178,771 Computer Charges ................................................. $363,312 Real Estate Rentals ................................................. $89,187 Telecommunications ................................................ $159,000 Per Diem, Fees and Contracts....................................... $859,800 Peace Officers Training Grants .................................... $2,757,323 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $14,132,900 State Funds Budgeted ........................................... $13,647,900
2. Office of Highway Safety Budget: Personal Services................................................... $414,851 Regular Operating Expenses.......................................... $29,600 Travel ............................................................. $13,000 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................... $600 Computer Charges .................................................. $40,000 Real Estate Rentals ................................................. $69,988 Telecommunications .................................................. $5,000 Per Diem, Fees and Contracts........................................ $29,100 Highway Safety Grants ........................................... $3,500,000 Total Funds Budgeted ............................................ $4,102,139 State Funds Budgeted ......................................... $320,761

Attached Units Functional Budgets

Total Funds

Office of Highway Safety

$ 4,102,139

Georgia Peace Officers Standards and Training

$ 4,699,985

Police Academy

$

939,682

State Funds

$

320,761

$ 4,699,985

$

919,682

880

JOURNAL OF THE SENATE

Fire Academy
Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

$ 1,262,519

$

419,356

$

293,052

$ 6,518,306 $ 18,235,039

Section 31. 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 32. 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

$ 1,684,633

Transportation

$ 3,097,199

Utilities

$ 4,454,804

Total

9,236,636

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 .....................................

$ 1,182,519

$

419,356

$

293,052

$ 6,133,306 $ 13,968,661

. . . .$13,915,342

. . $291,342 $13,624,000 $13,915,342 $13,915,342
$7,778,296
. $6,354,204 . . $401,012 . . . $247,660 .... $83,491
. $163,148 . . $331,000 . . $304,623 . . . $115,752 . $1,235,746
$9,236,636 . $7,778,296

State Funds 1,684,633 1,811,999 4,281,664
$ 7,778,296
.$759,277,630

$785,554,722 $110,000,000
$208,331,929 $125,000,000 . $14,000,000
.... $346,605 ..... $377,917 .... $300,000

WEDNESDAY, FEBRUARY 7, 1990

881

Research Consortium ................................................ $--0-- Eminent Scholars Program ........................................... $--0-- Capital Outlay .................................................. $41,949,287 Total Funds Budgeted ......................................... $1,285,860,460 Departmental Income............................................ $30,083,572 Sponsored Income.............................................. $235,000,000 Other Funds ................................................... $258,471,958 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $759,277,630

B. Budget Unit: Regents Central Office and Other Organized Activities ...................................... $143,184,352
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs. .................................. $195,328,237
Sponsored Operations ........................................... $66,536,986 Operating Expenses:
Educ., Gen., and Dept. Svcs. ................................... $87,610,169 Sponsored Operations ........................................... $30,605,353 Fire Ant and Environmental
Toxicology Research .............................................. $270,780 Agricultural Research............................................. $2,048,179 Advanced Technology
Development Center ............................................ $1,504,606 Capitation Contracts for
Family Practice Residency ...................................... $2,677,250 Residency Capitation Grants ...................................... $2,506,660 Student Preceptorships ............................................. $158,000 Center for Rehabilitation
Technology .................................................... $1,024,637 SREB Payments ................................................ $12,521,000 Medical Scholarships ............................................... $839,750 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 .......................................... $405,460,953 Departmental Income............................................. $3,517,000 Sponsored Income............................................... $97,501,895 Other Funds ................................................... $160,702,006 Indirect DOAS Services Funding .................................... $555,700 State Funds Budgeted .......................................... $143,184,352

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$ 1,867,811 $ 1,182,103

Skidaway Institute of Oceanography
Marine Institute

$ 3,581,555 $ 1,518,237

$ 1,527,038 $

931,338

Georgia Tech Research Institute

$ 111,771,413 $ 12,839,713

882

JOURNAL OF THE SENATE

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

$ 6,367,100 $ 2,260,088

$ 50,236,113 $ 33,766,696

$ 48,512,267 $ 32,985,567

$ 145,815,884 $ 28,117,195

$ 2,953,426 $ 2,953,426

$ 2,334,750 $

501,750

$ 5,767,380 $ 5,767,380

$ 1,947,105

$ 2,413,747 $ 20,365,364 $ 405,460,953

$

62,464

$ 20,298,395

$ 143,184,352

C. Budget Unit: Georgia Public Telecommunications Commission ... $ 7,230,510 Public Telecommunications Commission Budget: Personal Services................................................. $5,783,390 Operating Expenses .............................................. $6,636,813 Total Funds Budgeted ........................................... $12,420,203 Other Funds ..................................................... $5,189,693 State Funds Budgeted ............................................ $7,230,510

Section 34. Department of Revenue. Budget Unit: Department of Revenue ............................... $70,663,631
Operations Budget: Personal Services. ............................................... $45,794,032 Regular Operating Expenses....................................... $3,938,268 Travel ......................................................... $1,344,000 Motor Vehicle Purchases............................................ $168,100 Equipment ...................................................... $1,290,492 Computer Charges ............................................... $9,333,646 Real Estate Rentals .............................................. $2,593,452 Telecommunications ................................................ $728,100 Per Diem, Fees and Contracts ....................................... $260,482
County Tax Officials/Retirement and FICA ..................................................... $2,354,000
Grants to Counties/Appraisal Staff .......................................................... $1,430,000
Motor Vehicle Tags and Decals.................................... $2,150,000 Postage ......................................................... $3,124,059 Total Funds Budgeted ........................................... $74,508,631 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $70,663,631

WEDNESDAY, FEBRUARY 7, 1990

883

Department of Revenue Functional Budgets

Total Funds

Departmental Administration

$ 5,818,323

Internal Administration

$ 10,102,509

Electronic Data Processing

$ 4,734,801

Field Services

$ 16,486,597

Income Tax Unit

$ 7,893,359

Motor Vehicle Unit

$ 14,179,023

Central Audit Unit

$ 6,413,206

Property Tax Unit

$ 4,530,150

Sales Tax Unit

$ 4,350,663

Total

$ 74,508,631

State Funds $ 5,818,323 $ 9,902,509 $ 4,516,801 $ 16,186,597 $ 6,936,359 $ 12,547,023 $ 6,413,206 $ 4,449,150 $ 3,893,663 $ 70,663,631

Section 35. Secretary of State. Budget Unit: Secretary of State .................................... $21,760,709 Personal Services................................................ $14,413,296 Regular Operating Expenses....................................... $2,556,584 Travel ............................................................ $235,200 Motor Vehicle Purchases............................................ $146,403 Equipment ......................................................... $77,428 Computer Charges ................................................. $725,147 Real Estate Rentals .............................................. $2,242,319 Telecommunications ................................................ $274,476 Per Diem, Fees and Contracts ....................................... $589,856 Election Expenses .................................................. $500,000 Total Funds Budgeted ........................................... $21,760,709 State Funds Budgeted ........................................... $21,760,709

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration

$ 3,085,387 $ 3,085,387

Archives and Records

$ 4,949,975 $ 4,949,975

Business Services and Regulation

$ 4,204,754 $ 4,204,754

Elections and Campaign Disclosure

$ 1,151,608 $ 1,151,608

Drugs and Narcotics

$

942,873 $

942,873

State Ethics Commission

$

197,758 $

197,758

Occupational Certification

$ 7,228,354 $ 7,228,354

Total

$ 21,760,709 $ 21,760,709

Occupational Certification Functional 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

Cost of Operations

$

216,474

$

251,417

$

3,397

$

48,597

884

JOURNAL OF THE SENATE

S.B. of Barbers
G.B. of Chiropractic Examiners
State Construction Industry Licensing Board
S.B. of Cosmetology
G.B. of Dentistry
G.B. of Examiners of Licensed Dieticians
S.B. of Professional Engineers and Land Surveyors
S.B. of Registration for Foresters
S.B. of Funeral Services
S.B. of Registration for Professional Geologists
S.B. of Hearing Aid Dealers and Dispensers
G.B. of Landscape Architects
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

23,380 $ 28,500 $ 122,500 $ 49,500 $ 63,750 $ 10,000 $
88,300 $ 3,800 $ 26,000 $ 6,800 $ 8,500 $ 21,600 $ 3,965 $

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

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 $

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

WEDNESDAY, FEBRUARY 7, 1990

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

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 1,552,017

Section 36. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee. Soil and Water Conservation Budget: Personal Services. ................................ Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases.......................... Equipment ...................................... Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts ..................... County Conservation Grants ...................... Total Funds Budgeted............................ State Funds Budgeted ............................

Section 37. Student Finance Commission. Budget Unit: Student Finance Commission Administration Budget: Personal Services........................

885
29,894
203,990
49,920 81,987
182,652 8,114,358 .$1,552,017
. . . $882,298 . . $139,235
$12,000 .... $16,734 ... $10,330 . . . $227,170 . . . $116,250 .... $47,000
. $101,000 . $1,552,017 . $1,552,017
Cost of Operations
1,592,017
.$1,793,968
. . . $829,755 . $119,206
.... $55,000 .... $--0-- ... $11,516 ..... $6,635 ... $42,660 .... $17,500 . . $155,300 . . . $556,396 . $1,793,968 . $1,793,968
$21,669,394
. . $3,975,904

886

JOURNAL OF THE SENATE

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...................................... $14,438,227 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 ........................................... $30,023,371 State Funds Budgeted ........................................... $21,669,394

Georgia Student Finance Commission Functional Budgets

Internal Administration
Higher Education Assistance Corporation
Georgia Student Finance Authority
Total

Total Funds $ 4,861,899

$

381,625

$ 24,929,847 $ 30,023,371

State Funds

$

--0---

$

381,625

$ 21,437,769 $ 21,669,394

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ........................... $3,537,500 Departmental Operations Budget: Personal Services................................................. $2,785,099 Regular Operating Expenses......................................... $286,917 Travel ............................................................. $26,000 Equipment ....................................................... $14,275 Computer Charges ............................................... $1,017,619 Real Estate Rentals ................................................ $309,375 Telecommunications ................................................ $110,368 Per Diem, Fees and Contracts....................................... $336,000 Cost-of-Living Increases for Local Retirement System Members .................................... $2,700,000 Floor Fund for Local Retirement Systems .............................................. $837,500 Post Retirement Benefit Increases for Retirees .............................................. $--0-- Total Funds Budgeted ............................................ $8,423,153 State Funds Budgeted ............................................ $3,537,500

Section 39. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education ........................................ $128,224,529

WEDNESDAY, FEBRUARY 7, 1990

887

Department of Technical and Adult Education Budget:
Personal Services................................................. $3,686,423 Regular Operating Expenses......................................... $327,613 Travel ............................................................ $117,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $44,400 Computer Charges ............................................... $1,838,216 Real Estate Rentals ................................................ $398,000 Telecommunications ................................................. $56,185 Per Diem, Fees and Contracts ..................................... $1,017,000 Personal Services-Institutions .................................... $76,883,167 Operating Expenses-Institutions .................................. $10,872,006 Capital Outlay ................................................... $8,290,000 Quick Start Program ............................................. $5,619,976 Area School Program ............................................ $27,116,806 Regents Program................................................. $2,709,714 Adult Literacy Grants ............................................ $7,008,143 Total Funds Budgeted .......................................... $145,984,649 State Funds Budgeted .......................................... $128,224,529

Administration Institutional Programs Total

Institutions Functional Budgets Total Funds
$ 7,484,837 $ 138,499,812 $ 145,984,649

State Funds $ 6,355,246 $ 121,869,283 $ 128,224,529

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...................................... $52,471,244 Travel .......................................................... $1,718,000 Motor Vehicle Purchases.......................................... $1,020,000 Equipment ...................................................... $5,986,095 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

888

JOURNAL OF THE SENATE

Total Funds Budgeted State Funds Budgeted .

msportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State Facilities Total General Funds Budget

$ 553,325,560

$ 192,098,526

$ 8,209,064

$ 9,317,013

$ 20,828,610

$

900,000

$ 784,678,773

Total Funds

Grants to Municipalities
Paving at State and Local Schools andi State Institutions
Air Transportation
Inter-Modal Transfer Facilities

$ 9,317,000

$

750,000

$ 2,453,784

$ 15,029,281

Harbor Maintenance Activities

1,263,500

Planning and Construction

136,651,666

Maintenance and Betterments

40,000,000

Total

205,465,231

Section 41. Department of Veterans Service. Budget Unit: Depart 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 Expenses/Payments to Medical College of Georgia ............ Regular Operating Expenses for Projects and Insurance ............ Total Funds Budgeted.................. State Funds Budgeted ..................

Veterans Assistance

Veterans Service Functional Budgets Total Funds
$ 5,241,769

.... $990,144,004 . $656,484,979

State Funds

$ 252,402,839

$ 181,021,908

$ 7,548,964

$ 9,317,013

$ 20,157,610

$

900,000

$ 471,348,344

State Funds

$

317,000

$

750,000

$ 1,183,784

$ 4,970,695

1,263,500 $ 136,651,666 $ 40,000,000 $ 185,136,645

. . . $19,936,381
$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
. . . . $271,000 . $24,227,232 . $19,936,381

State Funds $ 5,013,961

WEDNESDAY, FEBRUARY 7, 1990

889

Veterans Home and Nursing Facility - Milledgeville
Veterans Nursing Home - Augusta
Total

$ 13,155,233 $ 10,424,190
$ 5,830,230 $ 4,498,230 $ 24,227,232 $ 19,936,381

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.......................... $8,106,713 Operations Budget: Personal Services................................................. $6,527,143 Regular Operating Expenses......................................... $297,625 Travel ............................................................. $65,250 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $21,715 Computer Charges ................................................. $328,305 Real Estate Rentals ................................................ $608,000 Telecommunications ................................................ $103,695 Per Diem, Fees and Contracts ....................................... $179,980 Georgia Crime Victims Assistance Program................................................ $50,000 Total Funds Budgeted ............................................ $8,181,713 State Funds Budgeted ............................................ $8,106,713

Section 43. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia
General Obligation Debt Sinking Fund (Issued) ......................................... $306,431,706 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ............................................................... $8,000,500

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.

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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 12, Department of Agriculture.
It is the intent of this General Assembly that the $3,000,000 appropriated to the De partment of Agriculture for the Boll Weevil Eradication Program be utilized solely for the purpose of paying $10 per acre of the $35 per acre fee to be paid by Georgia cotton growers participating in the 1990 Cotton Boll Weevil Eradication Program.
Section 51. Provisions Relative to Section 15, Department of Corrections.
The Department of Corrections is authorized to utilize available funds to obtain, im prove and begin operations of a correctional facility in Clinch County, Georgia.
Section 52. Provisions Relative to Section 17, State Board of Education - Department of Education.
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, aproved 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

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891

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 Services 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 53. Provisions Relative to Section 22, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$229 347 414 488 559 606 656 696 733 784 839

Maximum Monthly Amount
$151 229 273 322 369 400 433 459 484 517 554

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 54. Provisions Relative to Section 27, Department of Medical Assistance. Pro vided that of the State fund appropriation to the Department of Medical Assistance, $2,000,000 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1989.

Section 55. Provisions Relative to Section 28, Merit System of Personnel Administration.

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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 56. 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 57. 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 58. 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 59. Provisions Relative to Section 34, Department of Revenue.
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 60. 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 61. 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

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893

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 62. 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 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. 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 65. 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

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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 66. 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 67. 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 68. 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 69. No State appropriation authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 70. 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 71. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 72. (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,

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895

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.)(l.) 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 73. 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 74. 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 75. Provisions Relative to Section 43 State of Georgia General Obligation Debt Sinking Fund.

The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed 240 months:

Project/Purpose

Principle Amount

Debt Service

County Workcamp construction

$ 7,500,000 $

750,000

Construction of additional facilities at Ga. Industrial Institute

14,000,000

1,400,000

Local school construction

45,580,000

4,558,000

Public Library Projects

12,925,000

1,292,500

Section 76. Delayed Hiring Factor by Department.

Dept. of Corrections "A"

16,556,000

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Dept. of Human Resources "A"

1,631,441

Dept. of Human Resources "B"

4,200,000

Dept. Technical and Adult

247,133

Dept. of Veterans Services

1,150,000

Dept. of Public Safety "A"

373,009

Section 77. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1990 .......................................... $7,643,807,302

Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 79. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Allgood of the 22nd moved the previous question.

On the motion, the yeas were 40, nays 4; the motion prevailed, and the previous ques tion was ordered.

On the adoption of the substitute to HB 1288 offered by the Senate Committee on Appropriations, the President ordered a roll 'call, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Clay Coleman Dawkins Deal Dean Echols Edge English Engrarn

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 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Burton Collins

Egan Land Newbill

Phillips Ragan of 32nd

On the adoption of the substitute to HB 1288 offered by the Senate Committee on Appropriations, the yeas were 48, nays 8, and the substitute was adopted.

The President stated that, since the substitute to HB 1288 offered by the Senate Com mittee on Appropriations was adopted, the substitute to HB 1288 offered by Senators Phil-

WEDNESDAY, FEBRUARY 7, 1990

897

lips of the 9th, Collins of the 17th, Newbill of the 56th, Burton of the 5th, Clay of the 37th and Ragan of the 32nd became moot.

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 "rtn
Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller
Garner Gillis Hammill
Harris Howard HugginS 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 was Senator Johnson.

On the passage of the bill, the yeas were 55, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Starr of the 44th moved that HB 1288 be immediately transmitted to the House.

On the motion, the yeas were 46, nays 0; the motion prevailed, and HB 1288 was imme diately transmitted to the House.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 12:10 o'clock P.M., the President announced the Senate would stand adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, February 8, 1990
Twenty-third Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House:
HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclo sure reports shall include the occupation or place of employment of certain contributors.
HB 1173. By Representatives Lane of the 27th and Selman of the 32nd: A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.
HB 1402. By Representative Birdsong of the 104th: A bill to anvnd an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resi dent of Jones County who is 65 years of age or older and who meets certain income qualifications, so as to increase the maximum amount of income such persons may receive in order to be eligible to receive such exemption.
HB 1486. By Representative Breedlove of the 60th: A bill to provide an exemption from City of Buford ad valorem taxes for the full value of the homestead of each resident of the City of Buford who is 65 years of age or older or who is disabled; to provide for an exception with respect to land in excess of one acre.
HB 1712. By Representative Heard of the 43rd: A bill to amend an Act incorporating Peachtree City, so as to change the date of the municipal general election and provide for staggered two-year terms of office for the mayor and councilmen of the city.

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HB 1714. By Representative Crawford of the 5th: A bill to amend an Act providing for the method of filling vacancies in the mem bership of the Chattooga County Hospital Authority, so as to change the method of filling such vacancies.
HB 1715. By Representative Crawford of the 5th: A bill to amend an Act providing that the judge of the Probate Court of Chat tooga County shall serve as chief magistrate of said county, so as to provide that as of a certain date the judge of the probate court shall no longer serve as chief magistrate; to provide for the initial appointment of the chief magistrate by the judges of the superior courts of the Lookout Mountain Judicial Circuit.
HB 1716. By Representative Crawford of the 5th: A bill to amend an Act creating the office of commissioner of Chattooga County, so as to provide for the compensation of the commissioner.
HB 1717. By Representative Stancil of the 66th: A bill to amend an Act creating the office of tax commissioner of Morgan County, so as to change the compensation of the tax commissioner.
HB 1718. By Representative Smith of the 156th: A bill to provide for the appointment of the county school superintendent of Mclntosh County by the board of education of Mclntosh County; to provide that the current school superintendent shall serve out the term of office to which he was elected.
HB 1312. By Representatives Lee of the 72nd and Murphy of the 18th: A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authori zation for conversion of contributions to personal use; to provide that contribu tions shall not constitute personal assets of a candidate or public officer.
HB 1557. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th: A bill to amend Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change the provisions relating to the membership of the Georgia Aviation Hall of Fame.
HB 1635. By Representative Parrish of the 109th: A bill to amend Code Section 47-10-100 of the Official Code of Georgia Anno tated, relating to retirement age and benefits under the "Trial Judges and Solici tors Retirement Fund Act," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
HB 1251. By Representatives Hasty of the 8th, Stancil of the 8th, Clark of the 20th, Tolbert of the 58th, Barnett of the 10th and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the De partment of Human Resources from entering into certain contracts or making certain expenditures for the construction or use of certain additional special health care facilities unless notice thereof is provided to the governing authorities of counties or municipalities affected and to certain members of the General Assembly.

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HB 1336. By Representatives Tolbert of the 58th, Redding of the 50th, Ehrhart of the 20th, Barnett of the 59th, Williams of the 48th and others:
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 agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization.
HB 1249. By Representatives Colwell of the 4th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to the coordinate system for defining, designating, and stat ing with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, so as to provide for applicability of the Georgia Coordinate System provided for by an Act approved March 6, 1945.
HB 1309. By Representatives Connell of the 87th, Murphy of the 18th, McDonald of the 12th, Coleman of the 118th, Thomas of the 69th and others:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to change provisions relating to meetings of the committee; to change provisions relating to approval of certain invoices by the committee.
HB 1333. By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to reenact Article 1 thereof relating to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission.
HB 1381. By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 692. By Representatives Lawson of the 9th, Ware of the 77th, Griffin of the 6th, Ricketson of the 82nd, Brown of the 88th and others:
A resolution creating the Joint Outpatient Drug Treatment Study Committee.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.
The House insists on its position in disagreeing to the Senate amendment, and has

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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 1180. By Representative Lane of the 27th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".
The Speaker has appointed on the part of the House, Representatives Lane of the 27th, Jackson of the 9th and Bostick of the 138th.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 695. By Senators Garner of the 30th, Howard of the 42nd, Edge of the 28th and others: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems.
Referred to Committee on Human Resources.
SB 696. By Senators Baldwin of the 29th, Edge of the 28th and Howard of the 42nd: 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 change the provisions relating to low phosphorus household laundry detergents; to pro vide for a statement of purpose; to provide for definitions.
Referred to Committee on Industry and Labor.
SB 697. By Senators Fuller of the 52nd, Dawkins of the 45th and Peevy of the 48th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to pro vide that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circumstances; to pro vide for the content of such regulations; to provide for an effective date.
Referred to Committee on Insurance.
SB 698. By Senator Garner of the 30th: A bill to amend Chapter IDA of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for qualifications of certain supervisors.
Referred to Committee on Governmental Operations.
SB 699. By Senator Baldwin of the 29th: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that neither computer programs nor computer software are subject to the provisions of said article; to define terms; to provide an effective date.
Referred to Committee on Judiciary.
SB 700. By Senator Brannon of the 51st: A bill to amend Code Section 40-8-73.1, relating to the affixing to motor vehicles of materials which reduce light transmission through windows or windshields, so

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as to exempt from the requirements of said Code section certain motor vehicles owned or leased by a licensed funeral director or funeral establishment and used for the purpose of transporting dead bodies in connection with the business of the funeral director or funeral establishment. Referred to Committee on Public Safety.
SB 701. By Senator Land of the 16th:
A bill to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at grade crossings, so as to pro vide certain time limitations on the planning, acquisition, and installation of pro tective devices at grade crossings. Referred to Committee on Transportation.
SB 702. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to prohibit certain business entities which are supported, in whole or in part, by regular subsidies of state funds from making certain contributions to candidates, campaign committees, or public officers; to provide for applicability; to prohibit certain coercion; to pro vide an effective date. Referred to Committee on Governmental Operations.
SR 413. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.
SR 414. By Senator Kennedy of the 4th:
A resolution creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas. Referred to Committee on Public Utilities.
The following bills and resolution of the House were read the first time and referred to committees:
HB 1249. By Representatives Colwell of the 4th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to the coordinate system for defining, designating, and stat ing with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, so as to provide for applicability of the Georgia Coordinate System provided for by an Act approved March 6, 1945. Referred to Committee on Natural Resources.
HB 1251. By Representatives Hasty of the 8th, Stancil of the 8th, Clark of the 20th and others:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the De partment of Human Resources from entering into certain contracts or making certain expenditures for the construction or use of certain additional special health care facilities unless notice thereof is provided to the governing authorities

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of counties or municipalities affected and to certain members of the General Assembly. Referred to Committee on Human Resources.
HB 1309. By Representatives Connell of the 87th, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to change provisions relating to meetings of the committee; to change provisions relating to approval of certain invoices by the committee. Referred to Committee on Rules.
HB 1312. By Representatives Lee of the 72nd and Murphy of the 18th:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authori zation for conversion of contributions to personal use; to provide that contribu tions shall not constitute personal assets of a candidate or public officer. Referred to Committee on Governmental Operations.
HB 1333. By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to reenact Article 1 thereof relating to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission. Referred to Committee on Industry and Labor.
HB 1336. By Representatives Tolbert of the 58th, Redding of the 50th, Ehrhart of the 20th and others:
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 agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization. Referred to Committee on Governmental Operations.
HB 1381. By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents. Referred to Committee on Banking and Finance.
HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclo sure reports shall include the occupation or place of employment of certain contributors. Referred to Committee on Governmental Operations.

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HB 1557. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to amend Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change the provisions relating to the membership of the Georgia Aviation Hall of Fame. Referred to Committee on Industry and Labor.
HB 1635. By Representative Parrish of the 109th:
A bill to amend Code Section 47-10-100 of the Official Code of Georgia Anno tated, relating to retirement age and benefits under the "Trial Judges and Solici tors Retirement Fund Act," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
Referred to Committee on Retirement.
HR 692. By Representatives Lawson of the 9th, Ware of the 77th, Griffin of the 6th and others:
A resolution creating the Joint Outpatient Drug Treatment Study Committee.
Referred to Committee on Rules.
HB 1173. By Representatives Lane of the 27th and Selman of the 32nd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.
Referred to Committee on Urban and County Affairs.
HB 1402. By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resi dent of Jones County who is 65 years of age or older and who meets certain income qualifications, so as to increase the maximum amount of income such persons may receive in order to be eligible to receive such exemption. Referred to Committee on Urban and County Affairs.
HB 1486. By Representative Breedlove of the 60th:
A bill to provide an exemption from City of Buford ad valorem taxes for the full value of the homestead of each resident of the City of Buford who is 65 years of age or older or who is disabled; to provide for an exception with respect to land in excess of one acre.
Referred to Committee of Urban and County Affairs.
HB 1712. By Representative Heard of the 43rd:
A bill to amend an Act incorporating Peachtree City, so as to change the date of the municipal general election and provide for staggered two-year terms of office for the mayor and councilmen of the city. Referred to Committee on Urban and County Affairs.

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HB 1714. By Representative Crawford of the 5th: A bill to amend an Act providing for the method of filling vacancies in the mem bership of the Chattooga County Hospital Authority, so as to change the method of filling such vacancies.
Referred to Committee on Urban and County Affairs.
HB 1715. By Representative Crawford of the 5th: A bill to amend an Act providing that the judge of the Probate Court of Chat tooga County shall serve as chief magistrate of said county, so as to provide that as of a certain date the judge of the probate court shall no longer serve as chief magistrate; to provide for the initial appointment of the chief magistrate by the judges of the superior courts of the Lookout Mountain Judicial Circuit.
Referred to Committee on Urban and County Affairs.
HB 1716. By Representative Crawford of the 5th: A bill to amend an Act creating the office of commissioner of Chattooga County, so as to provide for the compensation of the commissioner.
Referred to Committee on Urban and County Affairs.
HB 1717. By Representative Stancil of the 66th: A bill to amend an Act creating the office of tax commissioner of Morgan County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.
HB 1718. By Representative Smith of the 156th: A bill to provide for the appointment of the county school superintendent of Mclntosh County by the board of education of Mclntosh County; to provide that the current school superintendent shall serve out the term of office to which he was elected.
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 Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 665. Do pass. SB 691. Do pass.
Respectfully submitted, Senator English of the 21st District, Chairman
Mr. President:
The Committee on Children and Youth has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:

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SB 679. Do pass.

Respectfully submitted, Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Corrections has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 612. Do pass by substitute.
Respectfully submitted,
Senator Garner of the 30th District, Chairman

Mr. President:

The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 629. Do pass.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Governmental Operations 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 451. Do pass.

HB 452. Do pass.

SB 453. Do pass.

HB 1419. Do pass.

SB 456. Do pass by substitute.

HB 1442. Do pass by substitute.

SR 329. Do pass by substitute.

HB 1443. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 668. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Public Utilities 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 524. Do pass by substitute.

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907

HB 887.

Do pass by substitute. Respectfully submitted, Senator Scott of the 2nd District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 115. Do pass.

HB 458. Do pass.

HB 156. Do pass.

HB 623. Do pass.

HB 273. Do pass.

HB 1035. Do pass.

Respectfully submitted,

Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 285. 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 of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 677. Do pass.

HB 1611. Do pass.

SB 686. Do pass.

HB 1625. 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:

SB 422. By Senator Peevy of the 48th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps in general, so as to pro vide that a person may obtain a hunter safety certificate without first attending a hunter safety education course; to provide that such certificate may be obtained by successfully passing an examination; to provide that, upon failure of such an examination, the applicant must then attend a hunter safety education course.

SB 430. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that a felony involving moral tur pitude shall include a felony conviction for a violation of Code Section 16-13-30 or Code Section 16-13-31 for the purposes of determining ineligibility to hold civil office.

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SB 468. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chap ter 7 of Title 31 on statutes which require competitive bidding.
SB 503. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs.
SB 577. By Senator Walker of the 43rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.
SB 602. By Senators Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual battery; to provide for the offense of aggravated sexual battery; to define certain terms; to provide penalties for such offenses.
SB 605. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources; to provide a definition; to au thorize the director to require the submission of certain information.
SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide defini tions; to provide the minimum contents of such plan.
SB 626. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody, so as to change the defini tion of the offense of sexual assault against persons in custody; to provide a pen alty for the offense; to provide for an effective date.
SB 628. By Senators Olmstead of the 26th, Harris of the 27th, Barker of the 18th and Albert of the 23rd:
A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial

THURSDAY, FEBRUARY 8, 1990

909

review procedures, so as to change certain time periods for hearings for applica tions for a project.
SB 632. By Senator Egan of the 40th: A bill to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as the "Uniform Management of Institutional Funds Act," so as to define "historic dollar value" of an endowment fund of a charitable institution for the purpose of determining the total return of the endowment fund; to change provi sions relating to definitions.
SB 637. By Senators Ray of the 19th, Parker of the 15th, Phillips of the 9th and others:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veteran's license plates, so as to provide that the commissioner of revenue is authorized and directed to design the license plate of disabled veterans.
SB 640. By Senator Fuller of the 52nd: A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, so as to re peal certain provisions prohibiting district attorneys emeritus from practicing law.
SB 663. By Senator Burton of the 5th: A bill to amend Article 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia.
SR 361. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A resolution urging the federal Food and Drug Administration and the federal Environmental Protection Agency to adopt a single standard for levels of toxic chemicals in fish tissue.
SR 374. By Senators Tate of the 38th, Howard of the 42nd, Coleman of the 1st and others:
A resolution creating the Senate Older Georgians' Transportation Study Committee.
SR 393. By Senator Gillis of the 20th:
A resolution urging the Georgia Congressional Delegation to support the enact ment of a nationwide prohibition against transporting solid waste from one state to another state for disposal or deposit and against disposing of or depositing solid waste in any state other than the state in which the waste was generated unless the state to which such waste is sent for disposal or deposit gives its con sent thereto.
SR 394. By Senator Gillis of the 20th:
A resolution urging the Georgia Congressional Delegation to support a limitation of liability of persons handling used oil and other products destined for recycling that may, through no fault of their own, result in environmental degradation.
SR 395. By Senators Dean of the 31st, Kennedy of the 4th, Olmstead of the 26th and English of the 21st:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.

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SR 408. By Senator Tate of the 38th:
A resolution creating the Senate Study Committee on Noncertificated School Personnel.

HB 1214. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
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 change the provisions relating to representation of the petitioner by the district attorney.

HB 1232. By Representatives Cheeks of the 89th, Parham of the 105th, Brown of the 88th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation.

HB 1426. By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk.

HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes Bowen
Brannon
CDoaUwiknisns j)eaj Dean Echols Edge Egan English

Fincher Foster Fuller Garner Gillis Harris
Huggins Johnson
Kldd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th
^tarr Stumbaugh Tate Taylor Timmons Turner Tysinger

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911

Those not answering were Senators:

Broun Coleman Engram

Hammill Howard

Langford Walker

Senator Dean of the 31st introduced the chaplain of the day, Dr. John 0. Yarbrough, pastor of Tabernacle Baptist Church, Cartersville, Georgia, who offered scripture reading and prayer.

Senator Fincher of the 54th introduced the doctor of the day, Dr. William Barnwell, of Dalton, Georgia.

The following resolutions of the Senate were read and adopted:

SR 415. By Senators Land of the 16th and Kennedy of the 4th:
A resolution recognizing the South Georgia Conference of the United Methodist Church.

SR 417. By Senator McKenzie of the 14th: A resolution commending the Fourth Annual Georgia Peach Festival.

SR 418. By Senator Pollard of the 24th: A resolution commending and recognizing Harlem High School.

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Thursday, February 8, 1990
TWENTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 677 Tate, 38th Scott, 36th Egan, 40th Shumake, 39th Engram, 34th Langford, 35th Howard, 42nd Stumbaugh, 55th DeKalb and Fulton Counties City of Atlanta
Provides for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.

SB 686 Scott, 2nd Coleman, 1st Hammill, 3rd

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JOURNAL OF THE SENATE

Chatham County City of Savannah
Changes the provisions relating to Aldermanic Districts; provides for one atlarge Alderman who shall also be the Vice-Mayor.

HB 1611 Broun, 46th Clarke County City of Athens
Authorizes retention of staggered two-year terms of office.

HB 1625 Huggins, 53rd Fincher, 54th Catoosa County
Provides that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school district who is 62 years of age or over and who does not have an income from all sources, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for edu cation purposes.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Barnes owen
BPIurton0" Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller
Gillis Harris
HHouwggairnds Kennedy Kidd Land Langford McKenzie Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
RScaoytt of 2nd Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Broun Coleman
Egan Garner

Hammill Johnson Newbill

Scott of 36th Shumake Stumbaugh

On the passage of all the local bills, the yeas were 46, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

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913

Senator Johnson of the 47th moved that the following bill of the House be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Judiciary:
HB 1263. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1263 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Judiciary.
Senator Scott of the 2nd moved that Senator Hammill of the 3rd be excused from the Senate today due to illness.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Hammill of the 3rd was excused from the Senate today.
SENATE RULES CALENDAR
Thursday, February 8, 1990
TWENTY-THIRD LEGISLATIVE DAY
SB 490 Boating--prohibit certain vessels on Lake Burton, Lake Rabun, and Seed Lake (Nat R--50th)
SB 533 Solid Waste Management Act--comprehensive revision (Substitute) (Nat R--14th)
SB 558 Teacher Certification--renewal fee (Ed--22nd) SB 563 Safe Dams Act of 1978--exemption date for certain dams (Nat R--24th) SB 568 State Games Commission--assigned to Department of Natural Resources for ad
ministration (Nat R--50th) SB 622 Technical, Adult Education Department--accrued sick leave those transferred
(Amendment) (Ed--50th) SB 654 Local Zoning Actions--conflict of interest (Gov Op--41st) SB 660 Georgia Industrial Finance Authority Act--create (B&F--14th) SR 387 Revenue Debt for Loans to Businesses for Economic Development--authorize
(B&F--14th) SB 669 Georgia Juvenile Services Act--enact (Gov Op--49th) SR 341 Senate Legislative Process Study Committee--create (Rules--13th) SR 360 Joint West Point Lake Study Committee--create (Rules--28th) SR 380 Motorcycle Awareness and You Month--May, 1990 (Rules--25th) SR 384 Senate Study Committee on Minority Educators in Public Schools--create
(Rules--38th) SR 386 Certain Hutchinson Island Property--owners remove from industrial area
(B&F--2nd) SR 397 Guaranteed Revenue Debt--to finance revenue-producing educational facilities
(H Ed--54th) HB 1167 Pauper's Affidavit--Secretary of State prescribe form (Gov Op--25th) HB 1172 Elections--form of registration cards, certain counties (Gov Op--25th)

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JOURNAL OF THE SENATE

HB 1231 Colleges, Universities--provisions for drug-free environment (H Ed--40th) HB 1313 Public Telecommunications Commission--create (H Ed--46th) HB 1470 "The Reach of Song"--official state historic drama (Gov Op--50th)
HB 876 General Assembly--automatically adjourn Fridays, reconvene Mondays (Substi tute) (Rules--25th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 490. By Senator Foster of the 50th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions as to motors to be used on cer tain lakes, so as to prohibit the operation of certain vessels on Lake Burton, Lake Rabun, and Seed Lake.

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 Collins Dawkins Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner Gillis 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 Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman

Hammill (excused) Phillips

Shumake Stumbaugh

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 8, 1990

915

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.
Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1288.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1288.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources.
The Senate Committee on Natural Resources offered the following substitute to SB 533:
A BILL
To be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Depart ment of Natural Resources; to provide for permits; to provide for procedures and require ments with respect to permits; to provide for examination and certification of certain opera tors; to provide for procedures and limitations with respect to siting near certain county boundaries, certain National Historic Sites, or certain significant ground-water recharge ar eas; to provide for restrictions regarding the permitting of certain landfills; to provide for public meetings with respect to site selections; to provide for notice; to provide for stan dards for certain facilities receiving special solid waste; to provide for transportation, fees, inspection, and prohibitions with respect to special solid waste; to provide for a solid waste trust fund; to require adequate financial responsibility with respect to certain facilities; to prohibit certain acts with respect to solid waste handling; to regulate the disposal of certain lead acid vehicle batteries; to provide for investigation and enforcement authority of the director; to provide for certain confidentiality; to provide for certain orders; to provide for administrative hearings and procedures; to provide for injunctive relief; to provide for legal assistance for the director; to provide for civil and criminal penalties; to provide for applica bility; to provide for a State Solid Waste Management Plan; to provide for contents and required provisions; to provide for powers and duties of the Department of Community Af fairs, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Environmental Facilities Authority with respect to such plan; to provide for the development and implementation of local solid waste management plans; to provide for

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powers and duties of the Department of Community Affairs with respect to such plans; to provide for certain permit restrictions with respect to such plans; to provide for reports and record keeping; to provide for permits for certain regional facilities; to provide for proce dures and negotiation with respect to such permits; to provide for a Recycling Market De velopment Council; to provide for membership, powers, duties, and authority; to provide for the labeling of certain rigid plastic containers or bottles; to provide for powers and duties of the commissioner of administrative services; to provide for a state solid waste collection program; to authorize the director to receive and administer certain financial aid; to provide for certain state grants; to provide for retention and use of certain funds; to provide for certain cost reimbursement fees and certain surcharges; to provide for a reduction in the generation of solid waste; to require certain accounting; to provide for certain exceptions with respect to applicability; to provide for the regulation of tire disposal; to authorize the imposition of certain restrictions regarding yard trash; to provide for regional solid waste management authorities; to provide for a short title; to provide for findings, determinations, and policies; to prohibit certain competition; to provide for certain tax exemptions; to pro vide for definitions; to provide for the creation of such authorities; to provide for control and management; to provide for directors; to provide for powers, duties, and authority of such authorities; to provide for limitations on liability; to provide for bonds and other obli gations of such authorities; to provide for procedures with respect to such bonds and other obligations; to provide that such bonds or obligations shall not constitute certain state or local indebtedness; to provide for statutory construction; to provide for all related matters; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to pro vide for additional powers, duties, and authority of the department with respect to solid waste management education; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking Article 2, relating to solid waste handling and disposal, and inserting in its place a new Article 2 providing for solid waste handling and disposal and creating certain authorities to read as follows:
"ARTICLE 2
Part 1
12-8-20. This part shall be known and may be cited as the 'Georgia Comprehensive Solid Waste Management Act.'
12-8-21. (a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to pro tect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for solid waste management which will assure that solid waste facilities, whether publicly or privately operated, do not adversely affect the health, safety, and wellbeing of the public and do not degrade the quality of the environment by reason of their location, design, method of operation, or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste.
(b) It is further declared to be the policy of the State of Georgia to educate and en courage generators and handlers of solid waste to reduce and minimize to the greatest ex tent possible the amount of solid waste which requires collection, treatment, or disposal through source reduction, reuse, composting, recycling, and other methods and to promote markets for and engage in the purchase of goods made from recovered materials and goods which are recyclable.
(c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at landfills or solid waste incinerators during fiscal year 1992 by 25 percent by July 1, 1996; provided, however, that counties and municipalities that establish an annual measurement of munici-

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pal solid waste being received at landfills or solid waste incinerators prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992.
(d) It is further the intent of the General Assembly that the director of the Environ mental Protection Division of the Department of Natural Resources shall be the official charged with primary responsibility for the solid waste management program. The director, in exercising any authority granted in this part, shall conform to and implement the policies outlined in this part and shall at all times coordinate his activities with those of other state agencies and local political jurisdictions so as to achieve a unified and effective solid waste management program in the state.
(e) It is further intended by the General Assembly that the director of the Environmen tal Protection Division of the Department of Natural Resources shall, in exercising any au thority granted in this part, recognize that the states which share common borders with Georgia also share the vital natural resources of clean air, clean surface waters, and clean ground waters which flow across those common borders and that, therefore, those bordering states have a mutual interest with Georgia to manage solid waste in a manner that does not threaten to contaminate the shared natural resources. The director shall also recognize, however, that such mutual interest may not exist between Georgia and states which do not share common borders and natural resources with it. Therefore, the director is instructed to be particularly mindful of the need to monitor, inspect, and regulate closely that solid waste generated from sources located in states not sharing common borders and natural resources with Georgia.
12-8-22. As used in this article, the term:
(1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infections agents and associated biologicals, contaminated animal carcasses, (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board, and other such waste materials.
(2) 'Board' means the Board of Natural Resources of the State of Georgia.
(3) '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.
(4) 'Closure' means a procedure approved by the division which provides for the cessa tion of waste receipt at a solid waste disposal site and for the securing of the site in prepara tion for postclosure.
(5) 'Composting' means the controlled biological decomposition of organic matter into a stable, odor-free humus.
(6) 'Contaminant' means any physical, chemical, biological, or radiological substance or matter.
(7) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(8) 'Disposal facility' means any facility or location where the final deposition of solid waste occurs and includes but is not limited to landfilling and incineration facilities.
(9) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(10) 'Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste handling facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certifi-

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cates of deposit, financial tests, and corporate guarantees as defined in 40 C.F.R. Part 264 Subpart H -- Financial Requirements.
(11) 'Generator' means any person in Georgia or in any other state who creates solid waste.
(12) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated pursuant to the federal act by the administrator of the United States Environmental Protection Agency which are in force and effect on February 1, 1990, codified as Appendix VIII to 40 C.F.R. Part 261 -- Identification and Listing of Hazardous Waste.
(13) 'Label' means a code label described in paragraphs (3) and (4) of subsection (b) of Code Section 12-8-34.
(14) 'Landfill' means an area of land on which or an excavation in which solid waste is placed for permanent disposal and which is not a land application unit, surface impound ment, injection well, or compost pile.
(15) 'Leachate collection system' means a system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill.
(16) '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 transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(17) 'Materials recovery facility' means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
(18) 'Municipal solid waste' means any solid waste resulting from the operation of resi dential, commercial, governmental, or institutional establishments except such solid waste disposed of in a private industry solid waste disposal facility. The term includes yard trash but does not include solid waste from mining, agricultural, or silvicultural operations.
(19) 'Municipal solid waste disposal facility' means any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, and includes, but is not limited to, municipal solid waste landfills and incineration facilities.
(20) 'Municipal solid waste landfill' means a disposal facility where any amount of mu nicipal solid waste, whether or not mixed with or including other waste allowed under Subti tle D of the federal Resource Conservation and Recovery Act of 1976, as amended, is dis posed of by means of placing an approved cover thereon.
(21) 'Operator' means the person stationed on the site who is in responsible charge of and has direct supervision of daily field operations of a municipal solid waste disposal facil ity to ensure that the facility operates in compliance with the permit.
(22) 'Person' means the State of Georgia or any other state or any agency or institution thereof and any municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management ac tivities, 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, po litical subdivision, solid waste authority, 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.
(23) 'Postclosure' means a procedure approved by the division to provide for long-term financial assurance, monitoring, and maintenance of a solid waste disposal site to protect human health and the environment.

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(24) 'Private industry solid waste disposal facility' means a disposal facility which is operated exclusively by and for a private solid waste generator for the purpose of accepting solid waste generated exclusively by said private solid waste generator.
(25) 'Recovered materials' means those materials which have known use, reuse, or re cycling potential; can be feasibly used, reused, or recycled; and have been diverted or re moved from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(26) 'Recovered materials processing facility' means a facility engaged solely in the stor age, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.
(27) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(28) 'Rigid plastic bottle' means any rigid plastic container with a neck that is smaller than the container body with a capacity of 16 ounces or more and less than five gallons.
(29) 'Rigid plastic container' means any formed or molded part comprised predomi nantly of plastic resin, having a relatively inflexible finite shape or form, and intended pri marily as a single-service container with a capacity of eight ounces or more and less than five gallons.
(30) 'Solid waste' means discarded putrescible and nonputrescible waste, except water carried body waste and recovered materials, and shall include garbage; rubbish, such as pa per, 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 waste, such as waste materials generated in industrial opera tions; residue from incineration; food processing waste; demolition waste; abandoned automobiles; dredging waste; construction waste; and any other waste material in a solid, semisolid, or liquid state not otherwise defined in this part. Such term shall not include any material which is regulated pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' or Chapter 9 of this title 'The Georgia Air Quality Act of 1978.'
(31) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste or any combination of such activities.
(32) 'Solid waste handling facility' means any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.
(33) 'Solid waste incinerator' means any solid waste handling facility the purpose of which is to reduce the amount of solid waste to be disposed of through a process of combus tion, with or without the process of waste to energy.
(34) '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 under such article originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24.
(35) 'Tire' means a continuous solid or pneumatic rubber covering designed for encir cling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment.
(36) 'Waste to energy facility' means a solid waste handling facility that provides for the extraction and utilization of energy from municipal solid waste through a process of combustion.
(37) 'Yard trash' means vegetative matter resulting from landscaping maintenance and land-clearing operations other than mining, agricultural, and silvicultural operations.

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12-8-23. In the performance of its duties the board shall have and may exercise the power to:
(1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for the control and management of solid waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area or may vary by waste characteristics, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. The rules and regulations may include, but shall not be limited to, the following:
(A) Rules and regulations governing and controlling solid waste handling, including measures to ensure that solid waste management practices are regulated, governed, and con trolled in the public interest;
(B) Rules and regulations prescribing the procedure to be followed in applying for per mits and requiring the submission of such plans, specifications, verifications, and other per tinent information deemed relevant in connection with the issuance of such permits;
(C) Rules and regulations concerning the establishment of permits by rule;
(D) Rules and regulations establishing the use of a manifest during the generation and handling of special solid waste;
(E) Rules and regulations governing and controlling the handling of special solid waste and biomedical waste;
(F) Rules and regulations establishing criteria and a system of priorities for the distri bution of any state funds as may be made available through a grant-in-aid program to assist financially local governmental agencies or authorities in the planning, implementing, main taining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans;
(G) Rules and regulations establishing procedures and requirements for the postclosure care of all solid waste disposal facilities, including but not limited to corrective action of releases, ground-water monitoring, and maintenance of final cover;
(H) 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 part and for the implementation of financial responsibility instruments; and
(1) Rules and regulations establishing qualifications for municipal solid waste disposal facility operators and certification of such operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board; and
(2) Take all necessary steps to ensure the effective enforcement of this part.
12-8-23.1 (a) The director shall have and may exercise the following powers and duties:
(1) To exercise general supervision over the administration and enforcement of this part and all rules and regulations, orders, or permits promulgated or issued under this part;
(2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to solid waste management practices as he deems advisable and necessary;
(3) (A) To issue all permits contemplated by this part, stipulating in each permit the conditions or limitations under which such permit is to be issued, and to deny, revoke, transfer, modify, suspend, 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,

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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 judgment, and all appeals have been exhausted, in the State of Georgia or any federal court of any felony involving moral turpitude within the 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 the five years preceding the application for a permit;
(v) Has knowingly, willfully, and consistently violated the prohibitions specified in Code Section 12-8-30.7; or
(vi) Has been adjudicated in contempt of any court order enforcing any federal environ mental laws or any environmental laws of the State of Georgia within the five years preced ing the application for a permit;
(4) To make investigation, analyses, and inspections to determine and ensure compli ance with this part, the rules and regulations promulgated under this part, and any permits or orders which the director may issue;
(5) To enter into such contracts as may be required or necessary to effectuate this part or the rules and regulations promulgated under this part;
(6) To prepare, develop, amend, modify, submit, and implement any comprehensive plan or program sufficient to comply with this part or any applicable federal act, or both, for the control, regulation, and monitoring of solid waste management practices in this state and to enforce such plan or program;
(7) To advise, consult, cooperate, and contract on solid waste management matters with other agencies of this state, political subdivisions of this state, and other designated organi zations, authorities, or entities and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities;
(8) To issue, amend, modify, or revoke orders as may be necessary to ensure and en force compliance with this part and all rules or regulations promulgated under this part;
(9) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this part, the rules and regulations promulgated under this part, or any orders or permits issued under this part;
(10) To accept, receive, administer, and disburse grants from public or private sources for the purpose of the proper administration of this part or for the purpose of carrying out any of the duties, powers, or responsibilities under this part;
(11) To grant variances in accordance with this part and the rules and regulations promulgated under this part, provided that such variances are not inconsistent with any applicable federal act and rules or regulations promulgated under such federal act;
(12) To require any person who is engaged in solid waste handling subject to the permit by rule provisions of this part to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity, identify the solid waste handled, and give any other information which may be deemed relevant, under such conditions as the director may prescribe;
(13) To render technical assistance to state, regional, and local governments and others in the planning and operation of solid waste handling;

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(14) To develop criteria and a system of priorities for the distribution of any state funds as may be available through a state grant-in-aid program to assist financially local govern ments and authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste manage ment plans prepared in accordance with the requirements of this part;
(15) To approve or disapprove projects for which loans or grants are made under any state or federal act to any municipality, county, authority, or agency of the state for the purpose of solid waste handling; provided, however, the financial review and approval or disapproval for a loan will be made by the Georgia Environmental Facilities Authority;
(16) To develop environmental standards for solid waste management planning to assist local governments, authorities, and corporations in the preparation of local and regional plans prepared in accordance with the requirements of this part;
(17) To advise and consult, cooperate, and contract with other agencies of this state, authorities, political subdivisions of this state, and other designated agencies, entities, per sons, and corporations and with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations and entities on matters con cerning educating the public on all aspects of proper solid waste management; and
(18) To exercise all incidental powers necessary to carry out the purposes of this part.
(b) The powers and duties described in subsection (a) of this Code section may be exer cised and performed by the director through such duly authorized agents and employees as he deems necessary and proper.
12-8-24. (a) No person shall engage in solid waste or special solid waste handling in Georgia or construct or operate a solid waste handling facility in Georgia, except those indi viduals exempted from this part under Code Section 12-8-30.10, without first obtaining a permit from the director authorizing such activity.
(b) On or after the effective date of this part, any permit for the transportation of municipal solid waste from a jurisdiction generating solid waste to a municipal solid waste disposal facility located in another county shall be conditioned upon the jurisdiction gener ating solid waste developing and being actively involved in, by July 1, 1992, a strategy for meeting the state-wide goal of waste reduction by July 1, 1996.
(c) If the director determines that such activity will result in any violation of this part or any rule or regulation promulgated pursuant to this part, he shall deny the permit; other wise, 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 by the governing authority of the county or municipality in which the municipal solid waste or special solid waste handling shall occur 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 a newspaper of general circulation serving the county or counties in which the proposed activity will be conducted at least 30 days prior to such hearing.
(d) The director may amend, suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions or fails to perform solid waste handling in accordance with this part or rules promulgated under this part.
(e) In the event of the modification, suspension, amendment, or revocation of a permit, the director shall serve written 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 solid waste handling facility, the director shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local or regional solid waste management plan devel oped in accordance with standards promulgated pursuant to this part subject to the provi sions of Code Section 12-8-31.1 and that the host jurisdiction and the jurisdiction generating

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solid waste destined for the applicants' facility can demonstrate that they are actively in volved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996.
(g) No permit for a disposal facility shall be issued to any regional solid waste manage ment authority created under Part 2 of this article, the 'Regional Solid Waste Management Authorities Act,' until local and regional solid waste management plans consistent with this part have been developed for all jurisdictions participating in such authority and such plans are found to be consistent with the state solid waste management plan pursuant to subsec tion (d) of Code Section 12-8-31.1.
(h) No permit shall be issued for a new solid waste incinerator unless the applicant meets or exceeds standards adopted by the board which shall be consistent with and at least as stringent as the Federal New Source Performance Standards for new municipal waste combustors outlined in regulations pursuant to the federal Clean Air Act, 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. 7401, et seq., as amended.
(i) 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 facil ity. The division may require any generator in Georgia to cease offering solid waste for han dling if such solid waste is not acceptable under standards promulgated by the board, and the division may prohibit the handling of such solid waste until waste management proce dures acceptable to the division are developed. Such prohibition shall continue in effect until the waste management procedure for handling is approved in writing by the division. Any generator or handler in Georgia which does not comply with a prohibition made under this subsection shall be in violation of this part.
12-8-24.1 (a) After July 1, 1992, no person shall perform the duties of a municipal solid waste disposal facility operator without being duly certified under this Code section.
(b) After July 1, 1992, no municipal solid waste disposal facility shall be operated in Georgia unless the operator is certified under this Code section. All inspectors of municipal solid waste disposal facilities shall be certified to inspect the same.
(c) The division is authorized to cooperate with the University System of Georgia or with any other appropriate organization approved by the director to develop a certification program which conforms with the requirements of this part. The division may classify all municipal solid waste disposal facilities required to have operators certified under this part with due regard to the size, type, character of the solid waste to be disposed of, and other physical conditions affecting such municipal solid waste disposal facilities 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.
(d) Any certificate granted under this Code section shall be renewable as provided by rules of the board.
(e) The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this Code section.
(f) Upon application, a certificate may be issued without examination in a comparable classification to any person who holds a valid current certificate in any state, territory, or possession of the United States or any other country, provided that the requirements for certification of operators under which the person's certificate was issued do not conflict with this part and are of a standard not lower than that specified by regulations adopted under this part and provided, further, that reciprocal privileges are granted to certified operators of this state.
(g) The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator when the director finds that the operator has practiced fraud or deception; that reasonable care or judgment or the application of his knowledge or ability

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was not used in the performance of his duties; or that the operator is incompetent or unable to perform his duties properly.
12-8-25. (a) (1) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from March 15, 1988, through April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of the site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that juris diction for the handling of its solid waste. This paragraph shall apply to all permit applica tions that are pending or made on or after March 15, 1988, and to all permits issued prior to May 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(2) Except as otherwise provided in subsection (b) of this Code section, until after April 1, 1990, no permit shall be issued to a private applicant for a solid waste disposal facility in any county of this state having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of the site is within two miles of an adjoining county without the applicant's first receiving express approval of the governing authority of the adjoining county. As used in this paragraph, the term 'private applicant' means any private person, firm, corporation, or other private entity, and the term does not mean or include the United States government or any agency thereof, the State of Georgia or any agency, institution, or public authority thereof, or any county or municipal ity of this state. As used in this paragraph, the term 'solid waste disposal facility' shall not mean or include any solid waste disposal facility which incorporates waste to energy processing, recycling, activities associated with the recycling process, or any combination of the foregoing.
(3) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, after April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county if any part of the site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the gov erning authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 1, 1990, and to all permits issued prior to April 1, 1990, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the consent of an adjoining county as provided in subsection (a) of this Code section shall not be required when the expansion of an existing solid waste disposal facility is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal facility is transferred.
(2) With respect to the expansion of a solid waste disposal facility for which a permit was initially granted after March 1, 1988, the consent of an adjoining county as provided in subsection (a) of this Code section shall be required if any part of the site as expanded will be within one-half mile of an adjoining county.
12-8-25.1. In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal facility within 5,708 yards of the geo graphic center of any of the three sites currently designated in Georgia as a National His toric Site; provided, however, that the director may permit a solid waste disposal facility at such a site if the applicant provides evidence that no alternative sites or methods are availa ble in that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July

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1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a signifi cant ground-water recharge area unless such municipal solid waste landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director.
12-8-25.3. (a) Notwithstanding the provisions of Code Section 12-8-25.2, no permit shall be issued for a municipal solid waste landfill which accepts solid waste generated from outside the county in which such landfill is located or, in the case of a regional landfill, from outside any of the counties or special districts empowered to engage in solid waste manage ment activities constituting such region if any part of such site is within any area that has been designated by the director as a significant ground-water recharge area.
(b) In addition to the provisions of subsection (a) of this Code section, in the case of a regional municipal solid waste landfill where any part of such site is within any area that has been designated by the director as a significant ground-water recharge area, no permit shall be issued for such regional landfill unless the boundaries of the counties or special districts empowered to engage in solid waste management activities are contiguous and such counties or special districts have entered into a joint contract for the collection and disposal of solid waste.
12-8-26. (a) Any county, municipality, group of counties, or authority beginning a pro cess to select a site for a municipal solid waste disposal facility must first call at least one public meeting to discuss waste management needs of the local government or region and to describe the process of siting facilities to the public. Notice of this meeting shall be pub lished within a newspaper of general circulation serving such county or municipality at least once a week for two weeks immediately preceding the date of such meeting. A regional solid waste management authority created under Part 2 of this article must hold at least one meeting within each jurisdiction participating in such authority, and notice for these meet ings must be published within a newspaper of general circulation serving each such jurisdic tion at least once a week for two weeks immediately preceding the date of such meeting.
(b) The governing authority of any county or municipality taking action resulting in a municipal solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation serving such county or municipality 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 and the meeting shall be conducted by the governing authority taking the action.
12-8-27. (a) Owners and operators of solid waste handling facilities which receive waste defined as 'special solid waste' in paragraph (32) of Code Section 12-8-22 shall, in addition to other applicable provisions of this part pertaining to management of solid waste, meet the following standards with respect to the facilities:
(1) (A) No special solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility, by bonding or other methods established by the board, has been demonstrated to the director to ensure the satisfactory maintenance, operation, closure, and postclosure care of the facility and any corrective action which may be required as a condition of a permit or order of the director.
(B) Postclosure care of a landfill facility by the owner or operator thereof must continue for a period of 30 years after the date of completing closure;
(2) The director may condition the issuance of all permits upon such terms and require ments as he, in his discretion, determines to be necessary to enable the division to carry out its responsibilities under this part, including consideration of such factors as the type of waste, sources of waste, degree of difficulty and expense in inspecting and verification at the

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point of generation, and the need for supervision of the storage, treatment, and disposal; and
(3) Owners and operators of solid waste handling facilities receiving special solid waste must develop and implement a waste analysis plan capable of identifying representative samples of all waste received by the facility in accordance with rules and regulations adopted by the board.
(b) No special solid waste shall be transported across, within, or through Georgia unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all special solid waste from the first person handling the waste after generation through all other handling, storage, treatment, and disposal. Any person who transports or receives for disposal any special solid waste in Georgia which is not properly manifested in accordance with the rules and regulations of the board shall be in violation of this part and shall be subject to all penalties available under this part.
(c) All owners and operators of facilities treating, storing, or disposing of special solid waste generated outside of Georgia's boundaries shall pay into the solid waste trust fund established in accordance with Code Section 12-8-27.1 a fee of $10.00 per ton. Such fees shall be paid into the solid waste trust fund on a monthly basis in a manner to be prescribed by the director.
(d) The director and his designees are authorized and shall be allowed to inspect in any state the generators, collectors, processors, transporters, and disposers of special solid waste and take appropriate samples. Any generator, collector, processor, transporter, or disposer which handles special solid waste and which obstructs, limits, or prohibits the director or his designee from adequately inspecting such facilities, sources, or handlers or prohibits the proper sampling of such special solid waste as may be generated shall be immediately pro hibited from further using any facility in Georgia for the treatment, storage, or disposal of such waste. Such prohibition shall continue for a period of 20 years from the date of notifi cation by the director.
(e) If any state or local law, ordinance, or regulation in any state prevents the director or his designees from carrying out the responsibilities as required by subsection (d) of this Code section, then special solid waste from generators in that state or local government shall be immediately prohibited from coming into Georgia. Such prohibition shall continue until such time as the state or local law, ordinance, or regulation is changed appropriately.
12-8-27.1. (a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-27, and Code Section 12-8-30.6 and all interest earned by such moneys deposited in such fund may be expended by the director, with the approval of the board, for the following purposes:
(1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility;
(2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where the owner or operator has not been identified or is unable or unwilling to perform corrective action, in cluding but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; and
(3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to the iden tity or solvency of the owner thereof, commencing five years after the date of completing closure.
(b) If the director determines that a special solid waste handling facility has been aban doned, that the owner or opertor thereof has become insolvent, or that for any other reason

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there is a demonstrated unwillingness or inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to carry out corrective action required as a condition of a permit to the satisfaction of the director, the director may implement the applicable financial responsibility mechanisms. The proceeds from any applicable financial responsibility mechanisms shall be deposited in the solid waste trust fund.
(c) The determination of whether there has been an abandonment, default, or other refusal or inability to perform and comply with closure, postclosure, or corrective action requirements shall be made by the director.
12-8-27.2. (a) No solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility has been demonstrated to the director to ensure the satisfactory maintenance, closure, and postclosure care of such facility or to carry out 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 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 shall require the demon stration of financial responsibility prior to issuing a permit for any solid waste handling facility.
(b) The provisions of this Code section shall not apply to any county, municipality, authority, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste handling facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate finan cial responsibility for such facilities.
12-8-28. (a) After January 1, 1991, no person may place a used lead acid vehicle battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid vehicle battery except by delivery to a battery retailer or wholesaler, to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries.
(b) After January 1, 1991, no battery retailer shall dispose of a used lead acid vehicle battery except by delivery to the agent of a battery wholesaler or a secondary lead smelter, to a battery manufacturer for delivery to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries.
(c) After January 1, 1991, any person selling lead acid vehicle batteries at retail or offer ing lead acid vehicle batteries for retail sale in this state shall:
(1) Accept, at the point of transfer, lead acid vehicle batteries from customers for re cycling; and
(2) Post written notice, which must be at least 8-Vi inches by 11 inches in size and must contain the universal recycling symbol and the following language:
'IT IS ILLEGAL TO PUT A MOTOR VEHICLE BATTERY IN THE GARAGE.
RECYCLE YOUR USED BATTERIES.
STATE LAW REQUIRES US TO ACCEPT MOTOR VEHICLE BATTERIES FOR RECYCLING.'
(d) After January 1, 1991, any person selling lead acid vehicle batteries at wholesale or offering lead acid vehicle batteries for sale at wholesale must accept, at the point of transfer, lead acid vehicle batteries from customers.
12-8-29. The director shall have the authority to investigate any apparent violation of this part and to take any action authorized under this part as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this part.
12-8-29.1. The director or his duly authorized representatives shall have the power to

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enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to solid waste handling in this state.
12-8-29.2. (a) Any information relating to secret processes, devices, or methods of man ufacture or production, or quantities and sources of recovered materials being privately processed, obtained by the director or his agents in the administration of this part shall be kept confidential.
(b) In the event the employment of the director or his agents with the department terminates for any reason, the confidentiality requirement outlined in subsection (a) of this Code section shall continue to apply to such persons for a period of five years from the date of termination of employment in the department. Any person who violates this subsection shall be guilty of a misdemeanor.
12-8-30. Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or viola tors. The order shall specify the provisions of this part or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this part shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing no later than 30 days after such order is served on such person or persons.
12-8-30.1. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and re quiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall com ply therewith immediately, but shall be afforded a hearing within 48 hours.
12-8-30.2. All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under this part shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2.
12-8-30.3. The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation ' occurred or in which jurisdiction is appropriate a certified copy of an unappealed final order of the director or of a final order of the director affirmed upon appeal or modified on any review or appeal from which no further review is taken or allowed, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court.
12-8-30.4. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this part, the director may apply to the superior court of the county where such person resides, or, if such person is a nonresident of the state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order restraining and enjoining such act or practice. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the neces sity of showing lack of an adequate remedy at law.
12-8-30.5. It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this part.
12-8-30.6. (a) Any person, provided that person is a public authority or a city or county

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government located within the boundaries of Georgia, violating any provision of this part or rules or regulations adopted pursuant to this part or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 for such violation and for an additional civil penalty not to exceed $500.00 for each day during which such violation continues. Any person other than a public authority or a city or county government located within the boundaries of Georgia violating any provision of this part or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $25,000.00 per day for each day during which such violation continues.
(b) Whenever the director has reason to believe that any person has violated any provi sion of this part or any rule or regulation effective under this part 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 conducted before an administrative law judge appointed by the board. Upon finding that said person has violated any provision of this part or any rule or regula tion effective under this part or has failed or refused to comply with any final order or emergency order of the director, the administrative law judge shall issue his decision impos ing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2.
(c) In rendering a decision under this Code section imposing civil penalties, the admin istrative law judge 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 or delaying to comply;
(2) The character and degree of impact of the violation or failure to comply on the natural resources of the state, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation or failure to comply;
(4) Any prior violations or failures to comply by such person with regard to statutes, rules, regulations, or orders 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 to comply;
(6) The character and degree of injury to or interference with reasonable use of prop erty which is caused or threatened to be caused by such violation or failure; and
(7) The character and degree of intent with which the conduct of the person incurring the civil penalty was carried out.
(d) All civil penalties recovered by the director as provided in this Code section shall be paid into the solid waste trust fund established pursuant to the provisions of Code Section 12-8-27.1.
12-8-30.7. It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with all applicable rules, regulations, and orders established under this part.
12-8-30.8. Any person who violates any provision of this part shall be guilty of a misde meanor. Each day of continued violation after conviction shall constitute a separate offense.
12-8-30.9. No provision of this part and no rule, regulation, or ruling of the board or the director shall be construed to be a limitation:
(1) On the power of a municipality, county, authority or special district to adopt and

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enforce additional regulations, not in conflict with this part, imposing further conditions, restrictions, or limitations with respect to the handling or disposal of municipal solid waste;
(2) On the power of a municipality, county, authority, or special district to declare, prohibit, and abate nuisances;
(3) On the power of the Attorney General, at the request of the director or upon his own volition, to bring an action in the name of the State of Georgia; or
(4) On the power of any state agency in the enforcement or administration of any provi sion of law it is specifically permitted or required to enforce or administer.
12-8-30.10. This part shall not apply to any individual disposing of solid waste originat ing from his own residence onto land or facilities owned by him when disposal of such waste does not thereby adversely affect the public health.
12-8-31. (a) By January 1, 1991, the division, jointly with the Department of Commu nity Affairs and in cooperation with the Georgia Environmental Facilities Authority and local government officials, shall develop a state solid waste management plan.
(b) The state solid waste management plan shall be submitted to the Governor's Devel opment Council and shall serve as the guide for the development of local plans and regional plans for solid waste management.
(c) The state solid waste management plan shall include but not be limited to:
(1) A general analysis of solid waste management practices currently in use, manage ment alternatives and technologies available, and their application;
(2) Procedures and strategies for meeting state goals and objectives for waste reduction;
(3) Minimum standards and procedures to be met by local and regional solid waste management plans, including the assurance of adequate solid waste handling capability and capacity for the subsequent ten-year period which shall specifically include adequate collec tion capability;
(4) A procedure for informing the public annually of the locally incurred costs of solid waste management;
(5) Procedures for ensuring cooperative efforts on solid waste management planning by the state, regional development centers, local governments, groups of local governments, and private companies, including a description of the means by which the state will encourage local governments to pursue regional approaches;
(6) A description of public and private alternatives for the provision of solid waste man agement services;
(7) A description of the respective roles of agencies in the implementation of a state wide public information education program on solid waste management which emphasizes grass roots participation of all age levels;
(8) Methods of assuring public participation in the planning and decision-making processes; and
(9) Methods for assuring implementation of the state solid waste management plan.
(d) In monitoring and reporting on the implementation success of the state solid waste management plan required under this Code section, the Department of Community Affairs, with the cooperation of the division and the Georgia Environmental Facilities Authority, beginning in January, 1992, shall report annually to the Governor and the General Assembly on the status of solid waste management in Georgia. The annual report shall include but not be limited to:
(1) The status of local and regional solid waste planning in Georgia;
(2) The number and types of solid waste handling facilities in Georgia;
(3) The remaining permitted capacity of each permitted solid waste handling facility;

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(4) The number and types of solid waste grants made to local governments;
(5) The number and types of solid waste loans made to local governments;
(6) A compilation and analysis of solid waste management data provided by cities and counties in their annual reports;
(7) A statement of progress achieved in meeting the goal established in subsection (c) of Code Section 12-8-21;
(8) A statement of progress achieved in solid waste management education;
(9) Any revisions in the state solid waste management plan which are deemed neces sary; and
(10) Recommendations for improving the management of solid waste in this state.
12-8-31.1. (a) Each city and county in Georgia shall develop or be included in a compre hensive solid waste management plan. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a regional solid waste plan but in either case shall conform to the plan development procedures outlined in Chapter 70 of Title 36 and Articles 1 and 2 of Chapter 8 of Title 50 and to minimum standards and procedures developed by the Department of Community Affairs as outlined in this Code section.
(b) The local or regional solid waste plan shall provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan which shall specifically include an adequate collec tion capability; shall enumerate the solid waste handling facilities as to size and type; and shall identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors.
(c) The review process for local and regional solid waste management plans shall be outlined in Articles 1 and 2 of Chapter 8 of Title 50 and in Chapter 70 of Title 36. The regional development center for each geographical location in which a local or regional plan applies shall confirm that the local or regional plan is consistent with the state solid waste management plan.
(d) Effective January 1, 1992, each city and county shall report annually to the Depart ment of Community Affairs on the status of solid waste management in the jurisdiction. Such reports may be individual or collective in nature or, in lieu of local reports, a regional report may be filed by any of the several regional development centers for political jurisdic tions within their region. The annual report shall include but not be limited to:
(1) The amount of solid waste collected, processed, and disposed of in the area;
(2) The progress on the reduction in solid waste generation in the planning area since the previous reporting period and total cumulative progress made toward meeting the 25 percent reduction goal;
(3) The remaining permitted capacity of disposal facilities;
(4) Recycling and composting activities in existence;
(5) Public information and education activities during the reporting period; and
(6) Any other pertinent information as may be required.
(e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local or re gional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following:
(1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any;

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(2) Verification that the facility for which a permit is sought meets the ten-year capac ity needs identified in the local or regional solid waste management plan, if any; and
(3) If a local or regional plan exists, a demonstration that the host jurisdiction and the jurisdiction generating solid waste destined for the applicant's facility are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996.
(f) This Code section shall not apply to any solid waste disposal facility which is oper ated exclusively by a private solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not ad versely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facil ity prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure.
(g) Effective July 1, 1991, it shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods;
(1) The provision of stationary or portable scales at the disposal facility for weighing incoming waste;
(2) Implementation of contractual or other arrangements for the use of scales at a loca tion other than the disposal facility for weighing all waste destined for disposal at the facil ity; or
(3) Implementation of contractual or other arrangements for the use of scales at a loca tion other than the disposal facility to weigh representative samples of the solid waste re ceived at the disposal facility on a basis which is sufficiently frequent to estimate accurately the amount of solid waste received at the disposal facility.
12-8-32. (a) Prior to submission of an application to the division for a permit for a regional solid waste disposal facility, conflicts as defined in Articles 1 and 2 of Chapter 8 of Title 50 shall follow the mediation procedures developed by the Department of Community Affairs pursuant to Articles 1 and 2 of Chapter 8 of Title 50. Upon the submission of any application to the division for any municipal solid waste disposal facility for which a permit other than a permit by rule is required by the division, the permit applicant shall within 15 days of the date of submission of the application publicize the submission by public notice and in writing as follows:
(1) If the application is for a facility serving no more than one county, the public notice shall be published in a newspaper of general circulation serving the host county, and each local government in the county and the regional development center shall further be noti fied in writing of the permit application;
(2) If the application is for a facility serving more than one county, the public notice shall be published in a newspaper of general circulation serving each affected county, and each local government within said counties and the regional development center shall be further notified in writing of the permit application; and
(3) The public notice shall be prominently displayed in the courthouse of each notified county.
(b) The division shall review the application and supporting data, make a determina tion as to the suitability or unsuitability of the proposed site for the intended purpose, and notify the applicant and the host local government if different from the applicant in writing of its determination.

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(c) Upon receipt from the division of notice that the proposed site is suitable for the intended purpose, the applicant shall within 15 days of receipt of such notification publicize the fact by public notice as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section. Further, within 45 days of receipt of such notification from the division, the host local government for the proposed site shall as outlined in paragraphs (1), (2) and (3) of subsection (a) of this Code section advertise and hold a public meeting to inform affected residents and landowners in the area of the proposed site and of the opportunity to engage in a facility issues negotiation process.
(d) Following notification of the applicant of the proposed site's suitability, the division may continue to review the applicant's permit application but the director shall not take any action with respect to permit issuance or denial until such time as the local notification and negotiation processes described in this Code section have been exhausted.
(e) The division shall not be a party to the negotiation process described in this Code section, nor shall technical environmental issues which are required by law and rules to be addressed in the permitting process be considered negotiable items by parties to the negoti ation process.
(f) Within 30 days following a public meeting held in accordance with subsection (c) of this Code section, a facility issues negotiation process shall be initiated by the host local government upon receipt of a written petition by at least 25 affected persons, at least 20 of whom shall be registered voters of or landowners in the host jurisdiction. Multiple petitions may be consolidated into a single negotiating process. For the purposes of this subsection, the term 'affected person' means a registered voter of the host local government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government.
(g) Within 15 days following receipt of such written petition, the host local government shall validate the petition to ensure that the petitioners meet the requirements of this Code section.
(h) Within 15 days following the validation of the written petition to negotiate, the host local government shall notify the petitioners by publication as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section; shall notify the permit applicant if differ ent from the host local government, the division, and the regional development center that the negotiation process is being initiated; and shall set a date for a meeting with the citizens facilities issues committee, the host local government, and the permit applicant not later than 30 days following validation of such written petition to negotiate.
(i) The petitioning persons shall select up to ten members, at least eight of whom shall be registered voters or landowners in the host local government, to serve on a citizens facil ity issues committee to represent them in the negotiation process. The membership of the citizens facility issues committee shall be chosen within 15 days following the validation of such written petition pursuant to this Code section.
(j) The negotiation process shall be overseen by a facilitator named by the host local government, after consultation with the citizens facility issues committee, from a list pro vided by the Department of Community Affairs. The function of the facilitator shall be to assist the petitioners, the host local government, and the permit applicant, if different from the host local government, through the negotiation process. The cost, if any, of the facilitator shall be borne by the permit applicant.
(k) Beginning with the date of the first negotiation meeting called in accordance with subsection (h) of this Code section, there shall be no fewer than three negotiation meetings within the following 45 day period unless waived by consent of the parties. Such negotiation meetings shall be presided over by the facilitator named in subsection (j) of this Code sec tion and shall be for the purpose of assisting the petitioners, the host local government, and the permit applicant, if different from the host local government, to engage in nonbinding negotiation.

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(1) Minutes of each meeting and a record of the negotiation process shall be kept by the host local government.
(m) All issues except those which apply to environmental permit conditions are negotia ble. Environmental permit conditions are not negotiable. Issues which may be negotiated include but are not limited to:
(1) Operational issues, such as hours of operation;
(2) Recycling efforts that may be implemented;
(3) Protection of property values;
(4) Traffic routing and road maintenance; and
(5) Establishment of local advisory committees.
(n) At the end of the 45 day period following the first negotiation meeting, the facilitator shall publish a notice of the results, if any, of the negotiation process in the same manner as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section and shall include the date, time, and place of a public meeting to be held within ten days after publication at which the input of persons not represented by the citizens facility issues com mittee may be received.
(o) The negotiated concessions reached by the negotiating parties shall be reduced to writing and executed by the chairman of the citizens facility issues committee and the chief elected official of the host local government and shall be adopted by resolution of the host local government.
(p) If the negotiating parties fail to reach consensus on any issue or issues, the permit applicant may nonetheless proceed to seek a permit from the division. The facilitator shall notify the division in writing that the negotiating parties have failed to reach consensus.
(q) If the negotiating parties reach consensus on negotiated issues, the permit applicant may proceed to seek a permit from the division. The facilitator shall notify the division in writing that the negotiating parties have reached consensus.
(r) Negotiated concessions shall not be construed as environmental permit conditions.
(s) Upon receipt of a written notification from the facilitator that the parties to negotia tion have reached consensus or have failed to reach consensus on negotiated issues, and upon written notification from the permit applicant that he wishes to pursue permitting of the solid waste disposal facility for which an application has been filed, the director shall proceed to process the permit in accordance with Code Section 12-8-24.
12-8-33. (a) Effective July 1, 1990, there is created a 15 member Recycling Market De velopment Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling;
(2) One member who is an elected municipal official to be appointed by the Governor;
(3) One member who is an elected member of a county governing authority to be ap pointed by the Governor;
(4) One member appointed by the Speaker of the House of Representatives;
(5) One member appointed by the Lieutenant Governor; and
(6) One representative each from the Department of Administrative Services; the De partment of Industry, Trade, and Tourism; the Department of Community Affairs; and the Department of Natural Resources.
(b) The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in

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Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly.
(c) The council shall function for a period of five years from its establishment, at which time it shall either be reauthorized or shall stand abolished.
12-8-34. (a) On and after January 1, 1991, it shall be unlawful to manufacture for use in Georgia or offer for sale in Georgia any rigid plastic container or rigid plastic bottle which is not labeled in accordance with subsection (b) of this Code section.
(b) On and after January 1, 1991, any rigid plastic container or rigid plastic bottle man ufactured for use in Georgia or offered for sale in Georgia shall be labeled with a code molded into the plastic product which indicates the resin used to produce the bottle or container. Such coding shall conform with the following:
(1) Rigid plastic containers or rigid plastic bottles with basecups or other components of the secondary material may, if the materials are compatible in recycling systems, carry the code of the basic material (even when the basic code is applied to the basecup of the secondary material); otherwise '7-other' is appropriate.
(2) The label code shall consist of a number placed inside a triangle and letters placed below the triangle as required by paragraph (3) of this subsection. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the mid point of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number;
(3) The numbers and letters used on labels described in subsections (a) and (b) of this Code section and their interpretations shall be as follows:
'1-PETE' (polyethylene terephthalate)
'2-HDPE' (high-density polyethylene)
'3-V (vinyl)
'4-LDPE' (low-density polyethylene)
'5-PP' (polypropylene)
'6-PS' (polystyrene)
'7-OTHER' All other resins and layered multimaterial.
12-8-35. (a) The commissioner of administrative services shall:
(1) By July 1, 1990, commence a review of all goods and products purchased to deter mine what percentage of state purchases contain recycled materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report of his findings with the General Assembly and the Governor; and
(2) By July 1, 1990, commence a review of the purchasing specifications, practices, and procedures of the State of Georgia, paying particular attention to any procedures and speci fications which concern or impact the purchase of recovered materials or goods or products made from recovered or recyclable materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report to the Governor and the General Assembly with recommendations for procedures and specifications for state purchasing which promote the increased purchase of goods or products made from recovered materials and goods or products which are recyclable; provided, however, that the commissioner of administrative services shall not propose any procedure or specification which would be eco nomically infeasible or which would cause the state to sacrifice quality or performance stan dards or would unduly restrict free and open competition among vendors.
(b) In conducting any review required under this Code section, the commissioner of

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administrative services shall consider those specifications adopted or recommended by the United States government pursuant to 40 C.F.R. Parts 248, 249, 250, 252, and 253.
12-8-36. (a) Each state agency which is located in a state owned building and the Gen eral Assembly, in cooperation with the Georgia Building Authority, shall establish a collec tion program for recovered materials generated as a result of agency operations, including, at a minimum, aluminum, high-grade office paper, and corrugated paper. The collection pro gram shall be coordinated by the Georgia Building Authority, which at a minimum shall establish procedures for collection and storage of recovered materials and contractual or other arrangements for transportation and purchase of said recovered materials.
(b) The Georgia Building Authority is authorized to expand the state collection pro gram to cover any recovered materials not specifically referenced in this Code section and to engage in, contract for, or otherwise allow or arrange for programs which promote the com posting of yard waste from state office buildings.
(c) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for composting of yard waste on property owned or controlled by said agency.
12-8-37. The director shall be the state representative to receive and administer finan cial aid from the federal government or other public or nonprofit sources for purposes of solid waste management.
12-8-37.1 (a). The state is authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or to any public authority, agency, commission, or institution, to assist such governmental or public body in the construction of solid waste handling systems which are consistent with local and regional solid waste man agement plans prepared in accordance with the requirements of this part.
(b) The director shall administer all funds granted by the state pursuant to this Code section.
12-8-38. Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the division for use in the operation and mainte nance of that area. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid 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 expending any such miscellaneous funds.
12-8-39. (a) Effective January 1, 1992, each city or county which operates a municipal solid waste disposal facility is authorized and required to impose a cost reimbursement fee upon each ton of municipal solid waste or the volume equivalent of a ton, as determined by rules of the division, for each ton of municipal solid waste received at a municipal solid waste disposal facility regardless of its source. The fee imposed may be equal to, or a por tion of, the true cost of providing solid waste management services on a per ton or volume equivalent as determined pursuant to the forms, rules, and procedures developed by the Department of Community Affairs as required by Code Section 12-8-39.2. Such fee shall be imposed equally upon all users of the municipal solid waste disposal facility.
(b) A minimum of $1.00 per ton or volume equivalent of the cost reimbursement fee specified in this Code section which is received by the city or county, if implemented after the effective date of this part, shall be paid into a local restricted account and shall be used for solid waste management purposes only.
(c) Effective January 1, 1992, when a municipal solid waste disposal facility is operated as a joint venture by more than one city or county or combination thereof, by a special solid waste district, or by an authority, the cost reimbursement fee specified in this Code section shall be imposed by the joint operators, district, or authority and the cost reimbursement

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fee received shall be administered as outlined in subsection (b) of this Code section and shall be remitted into a restricted account established by the participating local governments.
(d) Effective January 1, 1992, when a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility and may be used to offset the impact of the facility, public education efforts for solid waste management, the cost of solid waste management, and the administration of the local or regional solid waste management plan.
12-8-39.1. Effective July 1, 1992, each city or county as a part of its solid waste manage ment plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste generated within its jurisdiction consistent with the goal established in subsection (c) of Code Section 12-8-21.
12-8-39.2. Effective January 1, 1992, each city and county shall be required to report to the Department of Community Affairs the total annual cost of providing solid waste man agement services and to disclose this information to the public. The Department of Commu nity Affairs shall develop the forms, rules, and procedures necessary for cities and counties to meet the requirements of this Code section.
12-8-40. This article shall not apply to any individual, corporation, partnership, or co operative disposing of livestock-feeding facility waste from facilities with a maximum total capacity of 1,000 cattle or 5,000 swine, provided that if such individual, corporation, part nership, or cooperative shall provide an approved waste disposal system which is capable of properly disposing of the runoff from a 'ten-year storm,' such individual shall be further exempt regardless of total per head capacity. Nothing in this article shall limit the right of any person to use poultry or other animal manure for fertilizer.
12-8-40.1. Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on tires originating in or which may ulti mately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A ban on the disposal of tires at solid waste disposal facilities within its control;
(2) A requirement that tires be recycled, shredded, chopped, or otherwise processed in an environmentally sound manner prior to disposal at solid waste disposal facilities owned or operated by the city, county, or authority; and
(3) The imposition of a disposal fee to be assessed at the point of sale on each new tire sold at retail within its area of jurisdiction. Said disposal fee, if imposed, shall be $1.00 per tire to be imposed only once in each county, and all fees collected shall be payable on a monthly basis to the public entity having primary jurisdiction over or operating the solid waste disposal facility receiving the tires. Moneys from said disposal fee shall be used to assure the environmentally sound management of waste tires.
12-8-40.2. Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on yard trash which is generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A requirement that yard trash not be placed in or mixed with municipal solid waste;
(2) A ban on the disposal of yard trash at municipal solid waste disposal facilities within its jurisdiction; or
(3) A requirement that yard trash be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling.

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Part 2
12-8-50. This part shall be known and may be cited as the 'Regional Solid Waste Man agement Authorities Act.'
12-8-51. (a) This part is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this part is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power con ferred upon it by this part. For such reasons, the state covenants from time to time with the holders of the bonds issued under this part that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property; or upon any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, install ments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
(b) It is the express policy of the State of Georgia that any authority created by this part shall be authorized with respect to any solid waste which the generator thereof, county, or municipal corporation makes available to such authority to enter into agreements in fur therance of a project granting, directing, or providing for an exclusive right or rights in any authority with respect to such solid waste, including, but not limited to, the exclusive right to collect, acquire, receive, transport, store, treat, process, utilize, sell, or dispose of dis carded solid waste; provided, however, no authority created by this part and no county or municipal corporation or other governmental body shall have the right to enter into agree ments or to enact ordinances or resolutions providing for any rights with respect to recov ered materials or substances, materials, or resources contained in solid waste as may be separated for recycling, use, or reuse at any time prior to pickup by or delivery to any au thority, county, municipal corporation, or persons under contract with such authority, county, or municipal corporation.
(c) Notwithstanding any other provision of this part, no authority shall compete un fairly with the private sector by purchasing or offering to purchase recovered materials at prices higher than the highest prevailing market prices in the county in which the purchase is made for recovered materials of like grade and quality.
12-8-52. As used in this part, the term:
(1) 'Authority' means each public corporation created pursuant to this part.
(2) 'Collection' means the aggregating of solid waste from its primary source and in cludes all activities up to such time as the waste is delivered to the place at which it is to be processed.
(3) 'Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equip ment, including motor vehicles which are used for project functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all ex penses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the

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financing authorized in this part. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the project and may be paid or reimbursed as such out of the proceeds of user fees, of revenue bonds or notes issued under this part for such project, or from other revenues ob tained by the authority.
(4) 'County' means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations.
(5) 'Governing body' means the elected or duly appointed officials constituting the gov erning body of each municipal corporation and county in the state.
(6) 'Municipal corporation' means any city or town in this state.
(7) 'Project' means:
(A) The collection, transportation, and management of solid waste and shall also mean any property, real or personal, used as or in connection with a facility for the composting, extraction, collection, storage, treatment, processing, utilization, or final disposal of re sources contained in solid waste, including the conversion of solid waste or resources con tained therein into compost, steam, electricity, oil, charcoal, gas, or any other product or energy source and the collection, storage, treatment, utilization, processing, or final disposal of solid waste in connection with the foregoing; and
(B) Any property, real or personal, used as or in connection with a facility for the com posting, extraction, collection, storage, treatment, processing, or utilization of water re sources and the conversion of such resources into any compost or useful form of energy.
12-8-53. (a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'solid waste management au thority' of such county or municipal corporation. No authority shall transact any business or exercise any powers under this part until the governing body of the county by proper resolu tion of its board of commissioners, or, if a municipal corporation, by proper ordinance or resolution of its council, declares that there is a need for an authority to function in the county or municipal corporation.
(b) Any two or more counties or municipal corporations or a combination thereof may jointly form an authority, to be known as the 'regional solid waste management authority' for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this part until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an author ity to function and until the governing authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed.
12-8-54. Control and management of the authority shall be vested in a board of at least five directors who shall be residents of and may be elected officials of the county or munici pal corporation which is a member of the authority. The directors shall serve at the pleasure of the governing authority of the county or municipal corporation. Directors shall be ap pointed, and may be reappointed, for terms of four years. In the case of a regional solid waste management authority, each unit of local government participating in the authority shall appoint two members, with an additional member to be appointed by the directors themselves. The directors shall elect one of their members as chairman and another as vicechairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the au thority and the operation of projects and may delegate to one or more of the officers, agents,

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and employees of the authority such powers and duties as may be deemed necessary and proper.
12-8-55. A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors.
12-8-56. (a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions;
(2) To adopt and amend a corporate seal;
(3) To acquire, construct, improve, or modify, to place into operation, and to operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others, a project or projects within the county in which the authority is acti vated and, subject to execution of agreements with the appropriate political subdivisions affected, within other counties and to pay all or part of the cost of any such project or projects from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or from any other contribution or user fees, all of which the authority is authorized to receive, accept, and use;
(4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper, by condemnation in accordance with any and all laws appli cable to the condemnation of property for public use, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property neces sary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a project; the improving, extending, adding to, reconstructing, renovating, or remodeling of any project or part thereof already constructed or acquired; or the demolition to make room for such project or any part thereof and to insure the same against any and all risks as such insurance may, from time to time, be available. The authority may also use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes, provided that the powers to acquire, use, and dispose of property as set forth in this paragraph shall in clude the power to acquire, use, and dispose of any interest in such property, whether di vided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private. Title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public;
(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 acquired or constructed; provided that all private persons, firms, and corporations, this state, and all political subdivisions, depart ments, instrumentalities, or agencies of the state or of local government are authorized to enter into contracts, leases, or agreements with the authority, upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, author ity is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such municipal corpora tions and counties and by such municipal corporations and counties to the authority for a term not exceeding 50 years;
(6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of project facilities, the

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authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this part and may enter into an agreement or agreements with respect to any such project facility with the other party or parties participating therein; and such agreement may contain such terms, conditions, and provisions, consistent with this part, as the parties thereto shall deem to be in their best interests, including, but not limited to, provisions for the construction, operation, and maintenance of such project facility by any one or more party of the parties to such agreement, which party or parties shall be designated in or pursuant to such agree ment as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and including provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and dispo sal with respect to such facility. In carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construc tion, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority;
(7) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States, this state, a unit of local government, or any agency, department, authority, or in strumentality of any of the foregoing, upon such terms and conditions as the United States, this state, a unit of local government, or such agency, department, authority, or instrumen tality shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets;
(8) To do any and all things necessary or proper for the accomplishment of the objec tives of this part and to exercise any power usually possessed by private corporations per forming similar functions which is not in conflict with the Constitution and laws of this state, including the power to employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort lia bility and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authorities; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this part, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds;
(9) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and otherwise to carry out the purposes of this part and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 12-8-58; and
(10) To fix rentals and other charges which any user shall pay to the authority for the use of the project or part or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. Such rentals and other charges shall be so fixed and adjusted with re-

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spect to the aggregate thereof from the project or any part thereof so as to provide a fund with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the ex penses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project.
12-8-57. Except for gross negligence or willful or wanton misconduct, neither the mem bers of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his responsibilities, shall be subject to any liability resulting from:
(1) The design, construction, ownership, maintenance, operation, or management of a project; or
(2) The carrying out of any of the discretionary powers or duties expressly provided for in this part.
12-8-58. (a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust inden tures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Code section, undertakings of any authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an au thority and bond anticipation notes executed by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable.
(b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indi rectly as permitted in this part, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving such project, or for the purpose of refunding any bond anticipation notes issued in accordance with this part or refunding any previously issued bonds of the authority.
(c) All bonds and bond anticipation notes issued by an authority shall be revenue obli gations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particu lar revenues, receipts, funds, or moneys.
(d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connec tion with the same project or with any other projects, but the proceeding wherein any subse quent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue.
(e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this part, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time

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any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is author ized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
(f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any limita tions with respect to interest rates found in Article 3 of Chapter 82 of Title 36 or in the usury laws of this state shall not apply to obligations issued under this part.
(g) All revenue bonds issued by an authority under this part will be issued and vali dated under and in accordance with Article 3 of Chapter 82 of Title 36, except as provided in subsection (f) of this Code section and except as specifically set forth below:
(1) Revenue bonds issued by an authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide;
(2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evi dence of the fact of judgment and shall be received as original evidence in any court in this state; and
(3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a minimum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices.
(h) The term 'cost of project' shall have the meaning prescribed in paragraph (3) of Code Section 12-8-52 whenever referred to in bond resolutions of an authority, bonds and bond anticipation notes issued by an authority, or notices and proceedings to validate such bonds.
12-8-59. No bonds or other obligations of and no indebtedness incurred by any author ity shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. However, provisions of this Code section shall not preclude counties, municipal corporations, or other political subdivi sions from choosing to guarantee the bonds, indebtedness, or other obligations of a regional solid waste authority as part of its demonstration of adequate financial responsibility pursu ant to this part. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance pro-

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ceeds, and condemnation awards; and no holder or holders of any such bonds or obligation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.
12-8-59.1. (a) This part shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' or any other law.
(b) A municipal corporation, a county, or any number of counties and municipal corpo rations shall have the right to activate any authority under this part, notwithstanding the existence of any other authority having similar powers or purposes within the county or municipal corporation created pursuant to any general law or amendment to the Constitu tion of this state. However, nothing in this part shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence."
Section 2. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, is amended by adding immediately following Code Section 50-8-7.2 a new Code section describing fur ther powers, duties, and authority of the Department of Community Affairs, to be desig nated Code Section 50-8-7.3, to read as follows:
"50-8-7.3 (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 establish a solid waste management education program in the state. Such program shall include, but not be limited to, the following:
(1)(A) The establishment of a Georgia Clean and Beautiful Advisory Committee that shall assist the department in developing, coordinating, and implementing efforts to educate the citizens of the state on methods of solid waste management.
(B) The advisory committee shall consist of no more than 30 members, who shall be appointed by the Governor and be representative of state and local government; business and industry; community, environmental, and civic organizations; the news media; educa tors; and other areas as the Governor may deem appropriate.
(C) Members of the advisory committee are authorized to receive reimbursement for actual expenses incurred in the performance of their duties from such funds as may be appropriated for such purposes and within such limits as may be established by the depart ment; and
(2) (A) The establishment of an Interagency Council on Solid Waste Management that shall be chaired by the commissioner and shall consist of representatives from departments and agencies within state government that have responsibilities or activities relating to solid waste.
(B) The council shall serve as a forum for gathering and sharing information on solid waste management as well as for developing and initiating activities within state govern ment relating to solid waste management and shall provide advice and assistance to the Georgia Clean and Beautiful Advisory Committee and its educational programs."
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.

THURSDAY, FEBRUARY 8, 1990

945

Senator Allgood of the 22nd offered the following amendment:

Amend the substitute to SB 533 offered by the Senate Committee on Natural Resources by striking from line 34 of page 33 and line 1 of page 34 the following:
"persons for a period of five years from the date of termination of employment in the department.",
and inserting in its place the following:
"persons.".
By inserting after the period on line 3 of page 34 the following: "Such criminal penalty shall be in addition to such civil remedies as may be available to any party.".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

Senators Olmstead of the 26th and Harris of the 27th offered the following amendment:

Amend the substitute to SB 533 offered by the Senate Committee on Natural Resources by changing wording on line 11, page 57, to read:
"disposal fee, if imposed, shall be 25 per tire".

On the adoption of the amendment, Senator Olmstead of the 26th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert
Brannon Broun Collins Harris

Kennedy
Kidd Langford Olmstead Peevy

Ragan of 32nd Scott of 2nd
Scott of 36th Shumake

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes Bowen BmCDluaawrytokinns
Deal
Dean
Echols
Edge
Egan

English Engram Fincher Fuller Garner GHuHiuolglwigsairndjs
Johnson
Land
McKenzie
Newbill
Parker

Perry Phillips Pollard Ragan of loth R_ o0SSttt. uarmrb, augh,
Taylor
Timmons
Turner
Tysinger
Walker

Those not voting were Senators:

Coleman Foster

Hammill (excused)

Tate

On the adoption of the amendment, the yeas were 14, nays 38, and the amendment offered by Senators Olmstead of the 26th and Harris of the 27th was lost.

946

JOURNAL OF THE SENATE

Senator Collins of the 17th offered the following amendment:

Amend the substitute to SB 533 offered by the Senate Committee on Natural Resources as follows:

On page 57, line 18, after "management of waste tires." insert the following:
"Any county or city transporting tires into another city or county in which a shredding operation is located must pay one-half of fee imposed for new tire purchases to such city or county."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Burton Clay

Collins Edge Land

Newbill Phillips Ragan of 32nd

Those voting in the negative were Senators:

Allgood Baldwin Barnes Bowen Brannon
Dean Echols Egan English Engram Fincher

Foster Fuller Garner
Gillis Harris Howard Hu^ins Johnson Kennedy Kidd Langford McKenzie Olmstead Parker

Peevy Perry Ragan of 10th
Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Hammill (excused)

Pollard

Scott of 36th

On the adoption of the amendment, the yeas were 10, nays 43, and the amendment offered by Senator Collins of the 17th was lost.

Senator Broun of the 46th offered the following amendment:

Amend the substitute to SB 533 offered by the Senate Committee on Natural Resources by striking on line 11, page 57, the words "if imposed".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Brannon Broun
Deal

English Langford Peevy Phillips

Scott of 2nd Scott of 36th Shumake Tate

THURSDAY, FEBRUARY 8, 1990

947

Those voting in the negative were Senators:

Allgood Baldwin Barker Barnes
Bowen CCooul.lrletiomnnsan Dawkins jj ean Echols Edge Egan Engram

Fincher Foster Fuller Garner
Gillis H,,Harwriasrd, Muggins Johnson Kennedy Kidd Land McKenzie

Newbill Olmstead Parker Perry
Ragan of 10th R_*aagyan of 32nd Stair Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Hammill (excused)

Pollard

Stumbaugh

On the adoption of the amendment, the yeas were 13, nays 40, and the amendment offered by Senator Broun of the 46th was lost.

Senator Shumake of the 39th moved that he be excused from voting on SB 533, stating that he had a direct interest in the result of the vote.

On the motion, the yeas were 34, nays 9; the motion prevailed, and Senator Shumake of the 39th was excused from voting on SB 533.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge Egan English Engram Fincher Foster Fuller Garner Gillis 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 Starr Stumbaugh

948

JOURNAL OF THE SENATE

Tate Taylor

Timmons Turner

Tysinger Walker

Not voting were Senators Hammill (excused) and Shumake (excused).

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Peevy of the 48th introduced Earley Lee Biffle who, having been commended by SR 392, adopted previously, briefly addressed the Senate.

Senator Burton of the 5th introduced Johnny Thomas "Tommy" Clack who, having been commended by SR 390, adopted previously, briefly addressed the Senate.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1180. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

Senator Parker of the 15th moved that the Senate adhere to the Senate amendments to HB 1180, and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to the Senate amendments to HB 1180.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Parker of the 15th, Howard of the 42nd and Stumbaugh of the 55th.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 558. By Senator Allgood of the 22nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification and classification of professional personnel employed in the public schools of Georgia, so as to change the provisions relating to the fee charged for the renewal of certificates.

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 Clay Coleman Collins Dawkins Deal Dean

Echols Edge Egan English Engram Foster Fuller

THURSDAY, FEBRUARY 8, 1990

949

Gillis Harris Howard Huggins Kennedy Kidd Land Langford Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray

Scott of 36th Shumake Starr Tate 1 aylor Turner Tysinger Walker

Those not voting were Senators:

Burton Fincher Garner

Hammill (excused) Johnson McKenzie

Scott of 2nd Stumbaugh Timmons

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 563. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire.

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 Dawkins Deal Dean Echols

Edge Egan English Engram Foster Fuller Harris Howard Huggins Kennedy Kidd Land Langford Newbill

Olmstead Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Taylor Turner Tysinger

Voting in the negative was Senator Phillips.

Those not voting were Senators:

Allgood 9Fm?lcehmearn Garner Gillis

Hammill (excused) Johnson McKenzie Peevy

Scott of 2nd Stumbaugh Timmons Walker

950

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 568. By Senator Foster of the 50th:
A bill to amend Code Section 50-12-41, relating to the creation of the Georgia State Games Commission, so as to provide that such commission shall be as signed to the Department of Natural Resources for administrative purposes only.

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 Collins Dawkins Deal Dean Echols Edge

Egan Foster Garner Gillis Harris Howard Huggins 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 Turner Tysinger

Those not voting were Senators:

Broun Coleman English Engram Fincher

Fuller Hammill (excused) Johnson McKenzie

Scott of 36th Taylor Timmons Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 622. By Senators Foster of the 50th and Dean of the 31st:
A bill to amend Code Section 20-4-31 of the Official Code of Georgia Annotated, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, so as to provide that full-time adult education personnel who have previously become or hereafter become em ployees of said department shall be granted an amount of initial accrued sick and annual leave.

The Senate Committee on Education offered the following amendment:

THURSDAY, FEBRUARY 8, 1990

951

Amend SB 622 by inserting in line 5 on page 1 between the word "full-time" and the word "adult" the following:
"technical or".
By inserting in line 16 on page 2 between the word "in" and the word "adult" the following:
"technical or".

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:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Allgood Engram Fincher

Hammill (excused) Langford McKenzie

Shumake Timmons Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

SB 654. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Anno tated, relating to conflicts of interest in zoning actions, so as to revise said chap ter; to provide for definitions; to provide for disclosure of certain financial inter ests by local government officials and for additional requirements in connection therewith; to provide for the disclosure of certain campaign contributions to local government officials; to provide for penalties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

952

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 Barker Barnes Bowen Brannon Broun Burton Clay Coleman Celling Dawkins Deal Dean Echols Edge Egan

English Engram Foster Fuller Garner Gillis 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 Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Baldwin Fincher Hammill (excused)

Kennedy (presiding) McKenzie

Shumake Walker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 660. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Industrial Finance Authority as a body corporate and politic, which shall be deemed to be an instrumentality of the state and a public corporation; to provide for a short title; to provide for legislative findings and intent; to provide for definitions.

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 Clay Collins

Dawkins Deal Dean Echols Edge Egan English Engram Foster Fuller

Garner Gillis Harris Howard Huggins Johnson Kidd Land Langford Newbill

THURSDAY, FEBRUARY 8, 1990

953

Olmstead Parker Peevy Perry Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh

Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Burton and Phillips.

Those not voting were Senators:

Coleman Fincher

Hammill (excused) Kennedy (presiding)

McKenzie Shumake

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House 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 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 Speaker has appointed on the part of the House, Representatives Colwell of the 4th, Watts of the 41st and Parham of the 105th.

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 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.

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 general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 387. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:

A RESOLUTION Proposing an amendment to the Constitution so as to authorize guaranteed revenue

954

JOURNAL OF THE SENATE

debt to be incurred to finance loans to, and the acquisition of loans made by others to, businesses to encourage economic development in the state as provided by general law; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by ad ding at the end of subparagraph (f) the following:

"(6) Loans to, and the acquisition of loans made by others to, businesses to encourage economic development in the state as provided by general law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize guaranteed revenue debt to be incurred to finance loans to, and the acquisition of loans made by others to, businesses to encourage economic development in the state as provided by general law?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon Broun Clay DCoawlliknisns
Deal Dean
Echols Edge
Egan English

Engram Foster Fuller Garner Gillis Harris Howard Huggins Johnson KLaidndd
Langford McKenzie
Newbill Olmstead
Parker Peevy

Perry Pollard Ragan of 10th Ragan of 32nd jjay Scott of 2nd Scott of 36th
Sc humake Stteurmr buaugh,
Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative were Senators Burton and Phillips.

THURSDAY, FEBRUARY 8, 1990

955

Those not voting were Senators:

Coleman Fincher

Hammill (excused)

Kennedy (presiding)

On the adoption of the resolution, the yeas were 50, nays 2.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.

Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1288, and that a Conference Committee be appointed.

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1288.

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 Kennedy of the 4th, Starr of the 44th and Allgood of the 22nd.

The following general bill of the Senate, having been withdrawn from the Senate Com mittee on Judiciary and committed to the Senate Committee on Governmental Operations on February 2, and favorably reported by the committee, was read the third time and put upon its passage:

SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th, Barker of the 18th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention.

Senator Deal of the 49th offered the following amendment:

Amend SB 669 by inserting on line 33, page 14 after the word "the" the following: "Division of Youth Services of the" and by striking on line 34, page 14 the words "at and for youth" and by striking all of line 1, page 15 and by striking the word "facilities" on line 2, page 15.

Senator Kidd of the 25th moved that SB 669 be postponed until Monday, February 12.

Senator McKenzie of the 14th moved the previous question.

Senator Howard of the 42nd moved that SB 669 be placed on the Table.

956

JOURNAL OF THE SENATE

On the motion offered by Senator Howard of the 42nd, which motion takes precedence, the yeas were 42, nays 0; the motion prevailed, and SB 669 was placed on the Table.
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 1:15 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.

FRIDAY, FEBRUARY 9, 1990

957

Senate Chamber, Atlanta, Georgia Friday, February 9, 1990
Twenty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House:
HB 848. By Representative Thompson of the 20th: A bill to amend an Act reincorporating the City of Marietta, so as to provide for the levy of an ad valorem tax of not more than 20 mills for the purpose of sup porting and maintaining public schools.
HB 1727. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to repeal an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County.
HB 1734. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd, Bishop of the 94th and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for procedures for filling vacancies in the office of mayor or councilor.
HB 1735. By Representatives Thompson of the 20th and Howren of the 20th: A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.
HB 1737. By Representative Hudson of the 117th: A bill to amend an Act placing the sheriff of Pulaski County on an annual salary, so as to provide for deputies and other personnel and for operating expenses for the sheriffs office.
HB 1216. By Representatives Thomas of the 69th, Pettit of the 19th, Chambless of the 133rd and Lee of the 72nd: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and ma rijuana, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or mari juana in, on, or within 1,000 feet of any real property owned by or leased to any

958

JOURNAL OF THE SENATE

public or private elementary school, secondary school, or school board used for elementary or secondary education.
HB 1492. By Representative Parham of the 105th:
A bill to amend Code Section 11-9-504 of the Official Code of Georgia Annotated, relating to a secured party's requirements relative to default, so as to provide that the sale of a motor vehicle by public or private motor vehicle auction, to a motor vehicle wholesaler, or to an individual shall constitute a commercially rea sonable sale of collateral.
HB 1422. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the "Geor gia Emergency Telephone Number '911' Service Act of 1977," so as to authorize the governing authority of any local government which operates or which con tracts for the operation of an emergency "911" system to impose a monthly "911" charge upon each exchange access facility subscribed to by telephone sub scribers under certain circumstances and conditions.
HB 1423. By Representative Thomas of the 31st:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing.
HB 1390. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, so as to provide that probate judges shall be authorized to approve structured settlements entered into by a guardian on behalf of his ward.
HB 1391. By Representatives Oliver of the 53rd, Baker of the 51st, Alford of the 57th and Robinson of the 96th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for minor revisions in the procedure for the appointment of a guardian; to revise extensively the provisions relating to modification or termination of guardianships.
HB 1392. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, so as to pro vide that the judge of the probate court may change the reporting period; to provide that the judge of the probate court may accept and approve a return not covering the appropriate reporting period.
HB 1168. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Dunn of the 73rd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance.

FRIDAY, FEBRUARY 9, 1990

959

HB 1560. By Representatives Cummings of the 17th, Floyd of the 135th and Parrish of the 109th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the title of the executive officer of the retirement system; to delete a provision relating to the treatment for tax purposes of employee contributions made by employers; to delete a provision relative to the age for mandatory retirement.
HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd, Simpson of the 70th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.
HB 1434. By Representative Childers of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to change the provisions relating to definitions.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 729. By Representatives Bates of the 141st and Long of the 142nd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Decatur County, Georgia, to Decatur County and the acceptance of cer tain real property owned by Decatur County located in Decatur County, Georgia, in consideration therefor.
HR 764. By Representative Pettit of the 19th:
A resolution authorizing the granting of a nonexclusive easement for construc tion, operation, and maintenance of an underground effluent pipe line over or under property owned by the State of Georgia in Bartow County, Georgia.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 349. By Senator Fuller of the 52nd:
A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 703. By Senator Kidd of the 25th:
A bill to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to the ascertainment of taxable property by county board of tax asses sors, so as to provide that an independent person providing certain services to the county board of tax assessors pursuant to a contract shall receive a fixed fee

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JOURNAL OF THE SENATE

as compensation for such services and shall not be compensated on a commission or contingent fee basis. Referred to Committee on Governmental Operations.
SB 704. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Election Code," so as to make it unlawful for any election official during his term of office for himself or on behalf of any business or for any business in which such election official or member of his family has a substantial interest to transact any business with the county or any agency or authority thereof or with any municipality located wholly or partly within such county. Referred to Committee on Governmental Operations.
SB 705. By Senators Barker of the 18th, Kidd of the 25th, Starr of the 44th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for a consolida tion of the delivery of social services to families and children; to provide for legis lative findings; to provide for purposes of the article; to provide for definitions. Referred to Committee on Children and Youth.
SB 706. By Senator Langford of the 35th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authority of any municipal corporation in this state hav ing a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to authorize the mayor to execute cer tain contracts on behalf of such municipal corporation with public or private entities. Referred to Committee on Urban and County Affairs (General).
SB 707. By Senators Scott of the 2nd and Edge of the 28th:
A bill to amend Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, so as to change the time and requirements of recording certain state real property acqui sition and disposition instruments and plats with the State Properties Commis sion; to provide for other matters relative thereto; to provide an effective date. Referred to Committee on Public Utilities.
SB 708. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and Ragan of the 32nd:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the "Quality Basic Education Act," so as to change the provisions relating to the use of funds for staff development purposes and for professional development stipends. Referred to Committee on Education.
SB 709. By Senators Taylor of the 12th, Baldwin of the 29th, Land of the 16th and Clay of the 37th:
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 that the annual report of the Commissioner shall include information regarding ac-

FRIDAY, FEBRUARY 9, 1990

961

tions taken by the department on personal lines property and casualty insurance rate filings. Referred to Committee on Insurance.
SB 710. By Senator Tysinger of the 41st: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to change the provisions relating to the expense allowance of the members of the commission; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SR 416. By Senators Taylor of the 12th, Garner of the 30th, Turner of the 8th and Clay of the 37th: A resolution urging the Supreme Court to direct the implementation of crime prevention systems in all judicial circuits.
Referred to Committee on Judiciary.
SR 419. By Senators Perry of the 7th, Taylor of the 12th, Parker of the 15th and others: A resolution designating the Trans-South Parkway.
Referred to Committee on Transportation.
SR 423. By Senators Fuller of the 52nd, Barnes of the 33rd and Peevy of the 48th: A resolution proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony involving moral turpitude shall be eligible to hold any office or appointment of honor or trust in this state unless that person's civil rights have been restored and ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of an other felony involving moral turpitude; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.
SR 427. By Senator Fuller of the 52nd: A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date.
Referred to Committee on Public Utilities.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1168. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th and others: A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance.
Referred to Committee on Judiciary.
HB 1216. By Representatives Thomas of the 69th, Pettit of the 19th, Chambless of the 133rd and Lee of the 72nd: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and ma-

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rijuana, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or mari juana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education. Referred to Committee on Judiciary.
HB 1390. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, so as to provide that probate judges shall be authorized to approve structured settlements entered into by a guardian on behalf of his ward. Referred to Committee on Judiciary.
HB 1391. By Representatives Oliver of the 53rd, Baker of the 51st, Alford of the 57th and Robinson of the 96th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for minor revisions in the procedure for the appointment of a guardian; to revise extensively the provisions relating to modification or termination of guardianships. Referred to Committee on Judiciary.
HB 1392. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, so as to pro vide that the judge of the probate court may change the reporting period; to provide that the judge of the probate court may accept and approve a return not covering the appropriate reporting period. Referred to Committee on Judiciary.
HB 1422. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the "Geor gia Emergency Telephone Number '911' Service Act of 1977," so as to authorize the governing authority of any local government which operates or which con tracts for the operation of an emergency "911" system to impose a monthly "911" charge upon each exchange access facility subscribed to by telephone sub scribers under certain circumstances and conditions. Referred to Committee on Industry and Labor.
HB 1423. By Representative Thomas of the 31st:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing. Referred to Committee on Special Judiciary.
HB 1434. By Representative Childers of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to change the provisions relating to definitions. Referred to Committee on Human Resources.

FRIDAY, FEBRUARY 9, 1990

963

HB 1492. By Representative Parham of the 105th:
A bill to amend Code Section 11-9-504 of the Official Code of Georgia Annotated, relating to a secured party's requirements relative to default, so as to provide that the sale of a motor vehicle by public or private motor vehicle auction, to a motor vehicle wholesaler, or to an individual shall constitute a commercially rea sonable sale of collateral. Referred to Committee on Banking and Finance.
HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and others:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device. Referred to Committee on Judiciary.
HB 1560. By Representatives Cummings of the 17th, Floyd of the 135th and Parrish of the 109th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the title of the executive officer of the retirement system; to delete a provision relating to the treatment for tax purposes of employee contributions made by employers; to delete a provision relative to the age for mandatory retirement. Referred to Committee on Retirement.
HR 729. By Representatives Bates of the 141st and Long of the 142nd:
A resolution authorizing the conveyance of certain state owned real property lo cated in Decatur County, Georgia, to Decatur County and the acceptance of cer tain real property owned by Decatur County located in Decatur County, Georgia, in consideration therefor. Referred to Committee on Public Utilities.
HR 764. By Representative Pettit of the 19th:
A resolution authorizing the granting of a nonexclusive easement for construc tion, operation, and maintenance of an underground effluent pipe line over or under property owned by the State of Georgia in Bartow County, Georgia. Referred to Committee on Public Utilities.
HB 848. By Representative Thompson of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to provide for the levy of an ad valorem tax of not more than 20 mills for the purpose of sup porting and maintaining public schools. Referred to Committee on Urban and County Affairs.
HB 1727. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to repeal an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County. Referred to Committee on Urban and County Affairs.

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HB 1734. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for procedures for filling vacancies in the office of mayor or councilor.
Referred to Committee on Urban and County Affairs.

HB 1735. By Representatives Thompson of the 20th and Howren of the 20th:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District. Referred to Committee on Urban and County Affairs.

HB 1737. By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Pulaski County on an annual salary, so as to provide for deputies and other personnel and for operating expenses for the sheriff's office.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the following 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 403. Do pass.

HB 1444. Do pass.

HB 1206. Do pass.

HB 1459. Do pass.

HB 1335. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 698. 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 1159. Do pass.

HB 1351. Do pass.

HB 1160. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

FRIDAY, FEBRUARY 9, 1990

965

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 413. Do pass by substitute. SB 500. Do pass by substitute.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Safety 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 381. Do pass by substitute. SB 389. Do pass by substitute. SB 655. Do pass. SB 700. Do pass.

HB 255. HB 1246. HB 1389. HB 1595.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bill and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 396. Do pass. HB 1309. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 561. Do pass as amended.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of

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JOURNAL OF THE SENATE

the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 421. Do pass as amended.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 547. Do pass by substitute. SR 281. Do pass. SR 362. Do pass.

HB 1235. HB 1417. HR 582.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 683. Do pass. SB 687. Do pass.

HB 1564. Do pass as amended. HB 1570. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1073. Do pass.

HB 1668. Do pass.

HB 1502. Do pass.

HB 1670. Do pass.

HB 1588. Do pass.

HB 1684. Do pass.

HB 1638. Do pass.

HB 1687. 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:

SB 451. By Senators Kidd of the 25th, Olmstead of the 26th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide procedures for determina tion that a vehicle is a derelict motor vehicle; to provide for disposition of dere lict motor vehicles; to provide for notice and procedures; to provide for cancella tion of the title of a derelict vehicle; to provide for penalties.

FRIDAY, FEBRUARY 9, 1990

967

SB 453. By Senators Kidd of the 25th, Ray of the 19th, Olmstead of the 26th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide procedures for determina tion that a vehicle is a derelict motor vehicle; to provide for disposition of dere lict motor vehicles; to provide for notice and procedures; to provide for disposi tion of the title of a derelict vehicle; to provide for penalties.
SB 456. By Senators Kidd of the 25th, Olmstead of the 26th, Harris of the 27th and Ray of the 19th:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to require municipalities and counties to license towing and storage firms operating within their boundaries.
SB 524. By Senators Johnson of the 47th, Baldwin of the 29th, Harris of the 27th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.
SB 612. By Senators Collins of the 17th, Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that a copy of the medical records of any inmate who is being transferred from a state to a county correctional facility and who has been determined to have an infectious disease or to be HIV infected shall be transferred with such inmate.
SB 629. By Senators Tate of the 38th, Langford of the 35th, Scott of the 36th and others:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational activities if school sys tems are reimbursed in full from sources other than public school funds.
SB 665. By Senator English of the 21st:
A bill to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products, so as to provide for standards with re spect to the grading of dimension lumber; to require persons, firms, or corpora tions engaged in the business of grading dimension lumber to be licensed by a certain federal authority; to define a certain term.
SB 668. 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.

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SB 679. By Senator Kidd of the 25th:
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 with re spect to children and youth services, so as to change the amount of financial assistance which may be granted with respect to the legal adoption of certain hard-to-place children,
SB 691. By Senator English of the 21st:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the requirement of annual licenses for the operation of warehouses under the "Georgia State Warehouse Act," so as to provide that only one license shall be required for the operation of warehouses by warehousemen who operate two or more warehouses in adjoining counties.
SR 285. By Senators Phillips of the 9th, Collins of the 17th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for special investigative grand juries which shall have jurisdiction in special districts in cases involving violations of criminal law relating to controlled substances or other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special in vestigative grand juries; to provide for the submission of this amendment for rat ification or rejection.
SR 329. By Senators Garner of the 30th, Harris of the 27th, Timmons of the llth and others:
A resolution proposing an amendment to the Constitution so as to provide that no county or municipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expendi ture of funds except under certain conditions; to provide that except under cer tain conditions the General Assembly may not enact, amend, or repeal any gen eral law if the anticipated effect of doing so would be to reduce the authority that counties and municipalities have to raise revenues; to provide for the submission of this amendment for ratification or rejection.
HB 115. By Representatives Porter of the 119th, Coleman of the 118th, Parrish of the 109th and Oliver of the 121st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide that when a spouse who is a beneficiary under an option prede ceases a retired member, the retirement benefit of the retired member shall be increased to the maximum benefit.
HB 156. By Representative Kingston of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retire ment System of Georgia for service as a teacher, so as to authorize creditable service to be obtained for certain teaching service as an employee of a county school district which maintained a local retirement system.
HB 273. By Representatives Thomas of the 69th, Cummings of the 17th and Simpson of the 70th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of

FRIDAY, FEBRUARY 9, 1990

969

Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal.
HB 452. By Representatives Hamilton of the 124th, Holcomb of the 72nd, Herbert of the 76th and others:
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 certain definitions; to provide for certain rule-making authority of such council; to pro vide that public school teachers and public school employees shall be eligible for participation in such flexible employee benefit plan.
HB 458. By Representative Adams of the 79th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain persons who are allowed to continue as members of the retirement system may obtain certain creditable service; to provide requirements and for other mat ters relative thereto.
HB 623. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide for certain refunds or payments to a county school system.
HB 887. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of "private carrier" certain mo tor vehicles engaged in the harvesting or transportation of forest products.
HB 1035. By Representative Padgett of the 86th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
HB 1419. 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 provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal dep uty registrar; to provide for powers and duties.
HB 1442. By Representative Walker of the 115th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the "Georgia County Leadership Act".
HB 1443. By Representative Walker of the 115th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that the clerks of the county

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governing authority shall attend and complete a training seminar; to provide that the county governing authority shall pay the fees of the seminar.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barnes Bowen Brannon
Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

Engram Fincher Foster Fuller Garner Gillis gammi11 Harris Howard Huggins Johnson
Kennedy
Kidd
Land
McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd R " .* t o j fo of 2nd Scott of 36th
bhumake
St*rr
Tate
Taylor Turner Tysinger

Those not answering were Senators:

Barker English

Langford Stumbaugh

Timmons Walker

Senator Dawkins of the 45th introduced the chaplain of the day, Reverend Bob Bone, pastor of First United Methodist Church, Conyers, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 420. By Senator Fincher of the 54th: A resolution commending Steve White.

SR 421. By Senator Engram of the 34th: A resolution commending David Dell Engram.

SR 422. By Senators Ragan of the 32nd and Clay of the 37th: A resolution commending Mike Cress.

SR 424. By Senators Dean of the 31st, Garner of the 30th, Langford of the 35th and others:
A resolution commending Jerry Glanville.

SR 425. By Senators Deal of the 49th and Foster of the 50th: A resolution commending Elaine Shannon Morgan.

FRIDAY, FEBRUARY 9, 1990

971

SR 426. By Senators Tate of the 38th, Newbill of the 56th, Collins of the 17th and others:
A resolution commending Congressman Newt Gingrich for sponsoring the "Learning While Earning" program designed to motivate certain children to read.
SR 428. By Senators Tate of the 38th, Langford of the 35th and Engrain of the 34th:
A resolution commending Honorable William Lee Roberts.
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
Friday, February 9, 1990
TWENTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1073 Barker, 18th Houston County
Provides for the chairman of the board of commissioners of Houston County to be elected from the county at large; provides that the office of chairman of the board shall be a full-time position.
HB 1502 Tysinger, 41st Walker, 43rd Engram, 34th Egan, 40th Starr, 44th Collins, 17th Phillips, 9th Burton, 5th Peevy, 48th Newbill, 56th Langford, 35th Clayton, DeKalb, Fulton and Gwinnett Counties.
Amends the "Metropolitan Atlanta Rapid Transit Authority Act", to give the Authority power to make certain purchases without competitive bidding.
HB 1588 Baldwin, 29th Land, 16th Meriwether and Talbot Counties City of Manchester
Authorizes the board of commissioners to levy an additional 10 percent on fines for violations of municipal ordinances; provides that such funds be used for the construction, maintenance, and operation of a city jail.
HB 1638 Engram, 34th Fayette County City of Brooks
Creates and incorporates the Town of Brooks in Fayette County and grants a new charter to that municipality.

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JOURNAL OF THE SENATE

HB 1668 Turner, 8th Brooks County
Provides for the compensation and expenses of the Board of Education of Brooks County.

HB 1670 Pollard, 24th McDuffie County
Creates a board of elections and registration for McDuffie County.

HB 1684 Timmons, llth Early County City of Blakely
Changes the corporate limits of the City of Blakely.

HB 1687 Dean, 31st Bartow County City of Emerson
Changes the corporate limits of the City of Emerson.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Shannon Broun
^CCloualryetomnan
Collins Dawkins Deal Echols Edge

Egan English Engram Fincher Foster Gillis Hammill
H HHuo"gwg*airnd,s
Kennedy Kidd Land Newbill Olmstead

Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd D

S0Sccootttt

of of

23n6dth,

Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Dean Fuller Garner

Johnson Langford McKenzie Parker

Shumake Starr Stumbaugh Walker

On the passage of all the local bills the yeas were 44, nays 0.

FRIDAY, FEBRUARY 9, 1990

973

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Friday, February 9, 1990
TWENTY-FOURTH LEGISLATIVE DAY
SR 341 Senate Legislative Process Study Committee--create (Rules--13th)
SR 380 Motorcycle Awareness and You Month--May, 1990 (Rules--25th) HB 876 General Assembly--automatically adjourn Fridays, reconvene Mondays (Substi
tute) (Rules--22nd)
SR 384 Senate Study Committee on Minority Educators in Public Schools--create (Rules--38th)
SR 386 Certain Hutchinson Island Property--owners remove from industrial area (B&F--2nd)
SR 397 Guaranteed Revenue Debt--to finance revenue-producing educational facilities (H Ed--54th)
SB 422 Hunter Safety Certificate--pass examination (Substitute) (Nat R--48th)
SB 430 Public Office Ineligibility--felony involving moral turpitude (S Judy--56th) SB 468 Hospital Equipment Financing Authority--power to construct facilities (Hum
R--25th)
SB 503 Drug Conviction--suspend business license (Substitute) (Judy--47th)
SB 577 Stone Mountain Judicial Circuit Superior Court--provide tenth judge (Judy--43rd)
SB 602 Sexual and Aggravated Sexual Battery--provide offense (S Judy--45th)
SB 605 Water Pollution--permit for combined sewer overflow system (Substitute) (Nat R--28th)
SB 606 Water Pollution--plan by sewer overflow system to treat overflow (Substitute) (Nat R--28th)
SB 626 Sexual Assault Against Persons in Custody--redefine (S Judy--45th)
SB 628 Health Planning Review Board--hearings for applications for project (Hum R--26th)
SB 632 Charitable Institution Endowment Fund--historic dollar value (Judy--40th) SB 637 Disabled Veterans' License Plates--revenue commissioner design (D&VA--19th)
SB 640 District Attorneys Emeritus--repeal provisions prohibiting law practice (Judy--52nd)
SB 663 Former Prisoners of War Recognition Day--designate April 9 of each year (D&VA--5th)
SR 361 Toxic Chemicals in Fish--urge Food and Drug Administration adopt standard for levels (Nat R--28th)
SR 374 Senate Older Georgians' Transportation Study Committee--create (Rules--38th) SR 393 Transporting Solid Waste to Another State--support prohibition (Nat R--20th)
SR 394 Handling Used Oil for Recycling--urge Congress support liability limitation (Nat R--20th)
SR 395 Senate Music Industry Committee--create (Rules--31st) SR 408 Senate Study Committee on Noncertificated School Personnel--create
(Rules--38th)

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HB 1207 Cities, Counties--entering multiyear installment purchase contracts (U&CA G--49th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee

The following general resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:

SR 341. By Senators Bowen of the 13th, Broun of the 46th, Turner of the 8th and Kidd of the 25th:
A resolution creating the Senate Legislative Process Study Committee.

Senator Phillips of the 9th offered the following amendment:

Amend SR 341 by inserting immediately after the word and symbol "committee." on line 13 of page 2 the following:
"At a minimum, one member of the committee shall be a member of the Democratic Party and one member of the committee shall be a member of the Republican Party."

On the adoption of the amendment the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Broun BCluaryton
Collins
Dawkins

Deal Edge Egan HLaonwdard
Newbill
Parker

Peevy Perry phim
RaSan of 32nd Scott of 36th Tysinger

Those voting in the negative were Senators:

Bowen Brannon Coleman
PrELnecgahnloi,lssh Engram Fincher Foster Fuller

Garner Gillis Hammill
HT"Taurgrgisi nf Kennedy Kidd Langford Olmstead

Pollard Ragan of 10th Ray
SS01hcoutmt aokife2nd Tate Timmons Turner Walker

Those not voting were Senators:

Allgood Barker Barnes

Johnson McKenzie Starr

Stumbaugh Taylor

On the adoption of the amendment, the yeas were 20, nays 28, and the amendment was lost.

FRIDAY, FEBRUARY 9, 1990

975

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 Bowen Brannon
Broun ~'*y
p f.man Dawkins jeal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner
Gillis Hammill
Harris Howard Huggins Kennedy Land Langford Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th
Ragan of 32nd Ray
Scott of 2nd Scott of 36th Shumake Tate Timmons Turner Tysinger Walker

Voting in the negative were Senators Burton and Phillips.

Those not voting were Senators:

Barker Barnes Johnson

Kidd McKenzie Starr

Stumbaugh Taylor

On the adoption of the resolution, the yeas were 46, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Phillips of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting SR 341.

SR 380. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1990, as "Motorcycle Awareness and You Month" in 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
Bowen Brannon

Broun Burton
Clay Coleman Collins
Dawkins Deal

Dean Echols
Edge Egan English
Engram Fincher

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JOURNAL OF THE SENATE

Foster Fuller
Gillis Hammill Hams Howard 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 Shumake Tate
Turner Tysinger Walker

Those not voting were Senators:

Garner Johnson

McKenzie Starr

Stumbaugh Timmons

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, having been read the third time on January 8, 1990, and committed to the Senate Committee on Rules, favorably reported by the commit tee, and postponed on February 6, 1990, until February 8, 1990, was put upon its passage:

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.
Senate Sponsor: Senator Allgood of the 22nd.

The Senate Committee on Rules offered the following substitute to HB 876:

A BILL
To be entitled an Act 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 change provisions relating to scheduling of legislative sessions and expense allowances of members for attendance at sessions; to provide that unless otherwise provided by concur rent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays; to provide for daily expense allowances for certain members during certain periods of adjournment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, is amended by adding a new Code Section 28-1-2.1 to read as follows:
"28-1-2.1. Unless otherwise provided by concurrent resolution, if the General Assembly is in session on any Friday during any regular session and there will be one or more days remaining in such regular session after such Friday, the General Assembly shall automati cally adjourn at 5:00 P.M. on such Friday and reconvene at 10:00 A.M. on the following Monday."
Section 2. Said chapter is further amended in Code Section 28-1-8, relating to salary

FRIDAY, FEBRUARY 9, 1990

977

and allowances of members and officers of the General Assembly, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) (1) During regular and extraordinary sessions of the General Assembly, each mem ber shall also receive a daily expense allowance as provided for in Code Section 45-7-4 for each day on which the General Assembly is in session; and whenever during a regular or extraordinary session the General Assembly adjourns on Friday and reconvenes on the fol lowing Monday, each member whose place of residence in the legislative district which he or she represents is more than 50 miles from the capitol building shall also receive such daily expense allowance for each of the two days of such period of adjournment.
(2) Each member shall also receive the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from the member's residence and the state capitol by the most practi cal route, per calendar week, or portion thereof, during each regular and extraordinary ses sion. In the event a member travels by public carrier for any part of a round trip as pro vided above, such member shall receive a travel allowance of actual transportation costs for each such part in lieu of the mileage allowance.
(3) For each day's service within the state as a member of a standing committee or of an interim committee created by or pursuant to a resolution of either or both houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution of Georgia, such member shall receive a daily expense allow ance as provided for in Code Section 45-7-4 and the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier. Any such mem ber shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his official duties as a member of any committee, board, bureau, commission, or other agency.
(4) In the event it becomes necessary for a committee to rent a meeting room in the performance of the duties of the committee, the committee chairman must have prior writ ten approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee.
(5) For each day's service out of state as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense al lowance, plus the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transporta tion costs if traveling by public carrier or by rental motor vehicle.
(6) Transportation costs incurred by a member of the Senate for air travel within or without the state during the interim as a member of a committee, board, bureau, commis sion, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Senate Administrative Affairs Committee. Transporta tion costs incurred by a member of the House of Representatives for air travel within or without the state during the interim as a member of a committee, board, bureau, commis sion, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Speaker of the House.
(7) All allowances provided for in this Code section shall be paid upon the submission of proper vouchers."
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 offered the following amendment:

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Amend the substitute to HB 876 offered by the Senate Committee on Rules by adding immediately before the first semicolon on line 5 of page 1 the following:
"and certain interim meetings".
By adding after the first semicolon on line 10 of page 1 the following:
"to make a conforming amendment to Code Section 45-7-4 of the Official Code of Geor gia Annotated, relating to compensation of certain officials;"
By adding after the word "member" on line 5 of page 2 the following:
"whose place of residence in the legislative district which he or she represents is more than 60 miles from the state capitol building".
By striking the words "as provided for in Code Section 45-7-4" on lines 6 and 7 of page 2 and inserting in lieu thereof the following:
"in the amount of $85.00".
By striking on lines 13 and 14 of page 2 the following:
"50 miles from the capitol",
and inserting in lieu thereof the following:
"60 miles from the state capitol".
By adding after the period on line 16 of page 2 the following:
"During regular and extraordinary sessions of the General Assembly, each member whose place of residence in the legislative district which he or she represents is within 60 miles of the state capitol building but more than 30 miles from the state capitol building shall also receive a daily expense allowance in the amount of $59.00 for each day on which the General Assembly is in session. During regular and extraordinary sessions of the General Assembly, each member whose place of residence in the legislative district which he or she represents is within 30 miles of the state capitol building shall also receive a daily expense allowance in the amount of $25.00 for each day on which the General Assembly is in session."
By adding after the word "member" on line 17 of page 2 the following:
"whose place of residence in the legislative district which he or she represents is more than 30 miles from the state capitol building".
By adding after the period on line 24 of page 2 the following:
"Each member whose place of residence in the legislative district which he or she repre sents is within 30 miles of the state capitol building shall also receive a daily mileage allow ance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from the member's residence and the state capitol by the most practical route, per calendar day during each regular and ex traordinary session."
By striking the words "as provided for in Code Section 45-7-4" on lines 3 and 4 of page 3 and inserting in lieu thereof the following:
"in the amount of such member's session per diem for meetings held at the state capitol complex and in the amount of $59.00 for meetings held elsewhere".
By renumbering Sections 3 and 4 as Sections 4 and 5, respectively, and inserting a new Section 3 to read as follows:
"Section 3. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain officials, is amended by striking in its entirety the second sentence

FRIDAY, FEBRUARY 9, 1990

979

of the second undesignated subparagraph of paragraph (22) of subsection (a), which sen tence reads as follows:
'The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $59.00.'"
Senator Parker of the 15th offered the following amendment:
Amend the amendment offered by Senator Allgood of the 22nd by striking from page 2, line 15,
"$25.00"
and inserting in lieu therefor "$59.00".
On the adoption of the amendment, the yeas were 33, nays 10, and the amendment offered by Senator Parker of the 15th to the amendment offered by Senator Allgood of the 22nd was adopted.
On the adoption of the amendment offered by Senator Allgood of the 22nd, the yeas were 39, nays 12, and the amendment was adopted as amended.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to HB 876 offered by the Senate Committee on Rules by adding after the word "member" on line 5 of page 2 the following:
"whose place of residence in the legislative district which he or she represents is more than 30 miles from the state capitol building".
By striking on lines 13 and 14 of page 2 the following: "50 miles from the capitol", and inserting in lieu thereof the following: "30 miles from the state capitol". By adding after the word "member" on line 17 of page 2 the following: "whose place of residence in the legislative district which he or she represents is more than 30 miles from the state capitol building". By adding after the period on line 24 of page 2 the following: "Each member whose place of residence in the legislative district which he or she repre sents is within 30 miles of the state capitol building shall also receive a daily mileage allow ance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from the member's residence and the state capitol building by the most practical route, per calendar day during each regular and extraordinary session."
Senator Allgood of the 22nd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Allgood of the 22nd was withdrawn.
Senator Egan of the 40th offered the following amendment:
Amend the substitute to HB 876 offered by the Senate Committee on Rules by striking Section 1 in its entirety and renumbering succeeding sections accordingly: and by striking on page 1, line 5: "to provide";

980

JOURNAL OF THE SENATE

by striking on page 1, lines 6 and 7; by striking on page 1, line 8, the words: "adjourn on Fridays and reconvene on Mondays;".

On the adoption of the amendment, the yeas were 1, nays 49, and the amendment was lost.

On the adoption of the substitute, the yeas were 49, nays 1, 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.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general resolutions and bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SR 384. By Senators Tate of the 38th, Foster of the 50th and Ray of the 19th:
A resolution creating the Senate Study Committee on Minority Educators in the Public Schools.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Egan

English Foster Garner Gillis 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 Starr Tate Taylor Timmons Tysinger

Those not voting were Senators:

Baldwin Barker Coleman Edge Engram

Fincher Fuller Kennedy (presiding) McKenzie Phillips

Shumake Stumbaugh Turner Walker

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 9, 1990

981

SR 386. By Senators Scott of the 2nd, Coleman of the 1st, Hammill of the 3rd and Ken nedy of the 4th:

A RESOLUTION

Proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to remove irrevocably such property and adjacent public rights of way from
the industrial area; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:

"(e) Any other provision of this Constitution to the contrary notwithstanding, the legal and equitable owners of any real property located within the boundaries of an industrial area described in subparagraph (d), which property is located on an island, may remove such property from the industrial area by filing a certificate with the clerk of the superior court of the county where such property is located removing the property from the indus trial area. The filing of such certificate shall be irrevocable and shall bind the legal and equitable owners and their heirs, successors, and assigns. For purposes of this subparagraph, a legal or equitable owner shall not include a beneficiary of any trust or a partner in any partnership owning any interest in the property or the owner of any easement rights in the property. Upon the filing of such certificate, the property described in the certificate, to gether with all public streets and public rights of way within the property or abutting the property or connecting the property to lands outside the industrial area, shall be immedi ately removed from the industrial area and such property and adjacent public rights of way may thereafter be annexed into the corporate limits of any adjacent municipality pursuant to any method of annexation allowed by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to allow the owners of real prop
erty located within a constitutional industrial area consisting of Hutchinson Island in Chatham County to remove voluntarily the property from such industrial area?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood
Barnes Bowen

Broun Burton
Clay Collins

Deal Dean
Echols Egan

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English Fincher Foster
SHaarmnmeri.l.l. Harris Howard Huggins Johnson Kidd

Land Newbill Olmstead
PPeaerkvyer Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Scott of 2nd Scott of 36th Starr Stumbaugh
lavlor Timmons Turner Tysinger

Those not voting were Senators:

Baldwin Barker Brannon Coleman Dawkins

Edge Engram Fuller Gillis Kennedy (presiding)

Langford McKenzie Ray Shumake Walker

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 397. By Senators Fincher of the 54th, Ragan of the 10th, Ragan of the 32nd and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance revenue-producing educational facilities or the renovation of such facilities of the Board of Regents of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I, subparagraph (f) of the Constitution is amended by adding at the end thereof a new division (6) to read as follows:

"(6) Revenue-producing educational facilities or the renovation of such facilities of the Board of Regents of the University System of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize guaranteed revenue debt to be incurred to finance revenue-producing educational facilities or the renovation of such facilities of the Board of Regents of the University System of Georgia?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

FRIDAY, FEBRUARY 9, 1990

983

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barker Barnes Bowen uTMn Q Collins Deal Dean Echols Edge Egan English

Fincher Foster Garner
Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead 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:

Brannon
Coleman Dawkins Engram

Fuller Gillis Kennedy (presiding)

McKenzie Ray Shumake

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SB 422. By Senator Peevy of the 48th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps in general, so as to pro vide that a person may obtain a hunter safety certificate without first attending a hunter safety education course; to provide that such certificate may be obtained by successfully passing an examination; to provide that, upon failure of such an examination, the applicant must then attend a hunter safety education course.

The Senate Committee on Natural Resources offered the following substitute to SB 422:

A BILL
To be entitled an Act to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps in general, so as to pro vide that a 60 day provisional hunting license may be issued to a person who has not com pleted a hunter safety education course; to provide that before such a provisional license can be issued to a person, such person must pass a written examination, pay a fee for adminis tration of the examination, and pay a fee for the provisional hunting license; to provide that the written examination will be administered only at the law enforcement offices of the

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JOURNAL OF THE SENATE

Game and Fish Division of the Department of Natural Resources during normal weekday working hours; to provide that a person shall not be eligible to receive more than one provi sional hunting license in such person's lifetime; to provide for penalties if a person purchases or attempts to purchase more than one provisional hunting license; to provide that a person who has been issued a provisional hunting license must, upon expiration of said license, comply with all requirements of said Chapter 2 of Title 27, relating to partici pation in a hunter education course and relating to the purchase of annual hunting licenses, before such person shall be granted the privilege of hunting within this state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps in general, is amended by adding a new Code Section 27-2-5.1 following Code Section 27-2-5 to read as follows:
"27-2-5.1. (a) The department shall issue a provisional 60 day hunting license to any person who shall request such a license, even though such person has not attended a hunter education course as provided in Code Section 27-2-5; provided, however, that such person must comply with the following requirements before issuance of the license:
(1) Take and successfully pass a written examination, as specified by the board, relating to competency and safety in hunting and in the handling of weapons;
(2) Pay an examination fee of $25.00, which fee shall be amended into the department's budget to cover expenses related to administration of the examination referred to in para graph (1) of this subsection; and
(3) Pay a fee of $8.50 for the provisional license.
(b) The examination referred to in paragraph (1) of subsection (a) of this Code section may be administered only at the law enforcement offices of the Game and Fish Division of the Department of Natural Resources during normal working hours on Monday through Friday, excluding holidays.
(c) No person shall be eligible to purchase more than one such provisional 60 day hunt ing license in his or her lifetime.
(d) Any person who shall purchase or attempt to purchase more than one provisional 60 day hunting license in his or her lifetime shall be guilty of a misdemeanor.
(e) A person who purchases a 60 day provisional hunting license shall, upon expiration of such license, comply with all provisions of this chapter relating to participation in a hunter education course and relating to the purchase of annual hunting licenses before such person shall be granted the privilege of hunting within this state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Bowen Brannon

Broun Burton Collins Dawkins Deal

Dean Echols Edge Egan English

FRIDAY, FEBRUARY 9, 1990

985

Fincher Foster Garner Hammill Harris Howard Huggins Johnson Kidd Land

Langford Newbill Olmstead 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:

Barker Barnes Clay Coleman

Engram Fuller Gillis Kennedy (presiding)

McKenzie Ray Shumake

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 430. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that a felony involving moral tur pitude shall include a felony conviction for a violation of Code Section 16-13-30 or Code Section 16-13-31 for the purposes of determining ineligibility to hold civil office.

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
*Blraounnnm BCluaryton
Collins Dawkins Deal Dean Echols Edge

Egan English Fincher Foster Garner Gillis
HHaamrrmisl11 HHuogwgairnds
Johnson Kidd Land Langford Newbill Olmstead

Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd
S,, cott of 36th ^Stumb, augh,
Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman Engram Fuller

Kennedy (presiding) McKenzie Parker

Ray Scott of 2nd Shumake

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 468. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chap ter 7 of Title 31 on statutes which require competitive bidding.

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 Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Allgood Newbill

Phillips

Ragan of 32nd

Those not voting were Senators:

Barker Engram

Kennedy (presiding)

Shumake

On the passage of the bill, the yeas were 48, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Phillips of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 468.

FRIDAY, FEBRUARY 9, 1990

987

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 1347. By Representative Aaron of the 56th:
A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that the state and political subdivisions thereof are not required to issue a permit for a parade or demon stration or to offer police protection in connection therewith to any group which advocates hatred of and discrimination or the commission of crimes against an other segment of society on account of race, color, sex, religion, or national origin.
HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of said chapter.
The following bills of the House were read the first time and referred to committees:
HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of said chapter. Referred to Committee on Judiciary.
HB 1347. By Representative Aaron of the 56th:
A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that the state and political subdivisions thereof are not required to issue a permit for a parade or demon stration or to offer police protection in connection therewith to any group which advocates hatred of and discrimination or the commission of crimes against an other segment of society on account of race, color, sex, religion, or national origin. Referred to Committee on Special Judiciary.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 503. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs.

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The Senate Committee on Judiciary offered the following substitute to SB 503:
A BILL
To be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances, so as to provide licensing sanctions for certain licensed individuals who are convicted of certain offenses involving controlled substances or marijuana; to provide for notification procedures; to provide for sanctions; to provide for reinstatement under certain conditions; to provide for administra tive procedures; to provide for related matters; to provide for applicability; to repeal con flicting 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 crimes involving controlled substances, is amended by adding at its end a new Article 5 to read as follows:
"ARTICLE 5
16-13-110. (a) As used in this article, the term:
(1) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of the term 'controlled substance' in paragraph (4) of Code Section 16-1321.
(2) 'Convicted' or 'conviction' refers to a final conviction in a court of competent juris diction, or the acceptance of a plea of guilty or nolo contendere or affording of first offender treatment by a court of competent jurisdiction.
(3) 'Licensed individual' means any individual to whom any department, agency, board, bureau, or other entity of state government has issued any license, permit, registration, cer tification, or other authorization to conduct a licensed occupation.
(4) 'Licensed occupation' means any occupation, profession, business, trade, or other commercial activity which requires for its lawful conduct the issuance to an individual of any license, permit, registration, certification, or other authorization by any department, agency, board, bureau, or other entity of state government.
(5) 'Licensing authority' means any department, agency, board, bureau, or other entity of state government which issues to individuals any license, permit, registration, certifica tion, or other authorization to conduct a licensed occupation.
(6) 'Marijuana' means any substance included in the definition of the term 'marijuana' in paragraph (16) of Code Section 16-13-21.
(b) Without limiting the generality of the provisions of subsection (a) of this Code sec tion, the practice of law shall constitute a licensed occupation for purposes of this article and the Supreme Court of Georgia shall be the licensing authority for the practice of law.
16-13-111. (a) Any licensed individual who is convicted under the laws of this state, the United States, or any other state of any criminal offense involving the manufacture, distri bution, trafficking, sale, or possession of a controlled substance or marijuana shall notify the appropriate licensing authority of the conviction within ten days following the conviction.
(b) Upon being notified of a conviction of a licensed individual, the appropriate licens ing authority shall suspend or revoke the license, permit, registration, certification, or other authorization to conduct a licensed occupation of such individual as follows:
(1) Upon the first conviction, the licensed individual shall have his or her license, per mit, registration, certification, or other authorization to conduct a licensed occupation sus pended for a period of not less than three months; provided, however, that in the case of a first conviction for a misdemeanor the licensing authority shall be authorized to impose a lesser sanction or no sanction upon the licensed individual; and

FRIDAY, FEBRUARY 9, 1990

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(2) Upon the second or subsequent conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation revoked.
(c) The failure of a licensed individual to notify the appropriate licensing authority of a conviction as required in subsection (a) of this Code section shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation.
(d) A licensed individual sanctioned under subsection (b) or (c) of this Code section may be entitled to reinstatement of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation upon successful completion of a drug abuse treatment and education program approved by the licensing authority.
(e) The suspension and revocation sanctions prescribed in this Code section are in tended as minimum sanctions, and nothing in this Code section shall be construed to pro hibit any licensing authority from establishing and implementing additional or more strin gent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana.
16-13-112. Administrative procedures for the implementation of this article for each licensed occupation shall be governed by the appropriate provisions applicable to each li censing authority.
16-13-113. The provisions of this article shall be supplemental to and shall not operate to prohibit any licensing authority from acting pursuant to those provisions of law which may now or hereafter authorize other sanctions and actions for that particular licensing authority.
16-13-114. This article shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any licensing authority from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Fuller of the 52nd offered the following amendment:

Amend the substitute to SB 503 offered by the Senate Committee on Judiciary by strik ing lines 1 and 2, page 2.
On the adoption of the amendment offered by Senator Fuller of the 52nd, Senator Johnson of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Brannon
B roun fDlawy,km. s Deal Dean Edge

Fincher Foster
Fuller Hammill
Huggms Kidd Parker

Peevy Ragan of 10th
Scott of 2nd Scott of 36th
Tate Timmons Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes

Bowen Burton Coleman Collins

Echols Egan English Engram

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Garner Gillis Harris Howard Johnson Land

McKenzie Newbill Olmstead Perry Phillips Pollard

Ragan of 32nd Starr Stumbaugh Taylor Turner Tysinger

Those not voting were Senators:

Kennedy (presiding)

Ray

Langford

Shumake

On the adoption of the amendment, the yeas were 22, nays 30, and the amendment offered by Senator Fuller of the 52nd was lost.

Senator Peevy of the 49th offered the following amendment:

Amend the substitute to SB 503 offered by the Senate Committee on Judiciary by in serting on line 24, page 1, after the word "final", the word "felony" and by adding at the end of line 25, page 1, the following:
"to a felony offense.",
and by striking after the semicolon on line 15, page 3, the word "provided",
and by striking lines 16, 17, 18, and 19, page 3.

On the adoption of the amendment offered by Senator Peevy of the 48th, Senator John son of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barnes Brannon Broun Clay Dawkins Deal

Dean Engram Fincher Fuller Kidd Olmstead Parker

Peevy Ragan of 10th Scott of 36th Tate Taylor Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Bowen Burton Collins Echols Edge Egan English

Foster Garner Gillis Hammill Harris Howard Huggins Johnson Land McKenzie

Newbill Perry Phillips Pollard Ragan of 32nd Starr Stumbaugh Turner Tysinger

Those not voting were Senators:

Coleman Kennedy (presiding) Langford

Ray Scott of 2nd

Shumake Timmons

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991

On the adoption of the amendment, the yeas were 20, nays 29, and the amendment offered by Senator Peevy of the 48th was lost.
Senator Peevy of the 48th offered the following amendment:
Amend the substitute to SB 503 offered by the Senate Committee on Judiciary by strik "inmgatyh"e. word "shall" on lines 7,12, 21 and 27 of page 3 and inserting in lieu thereof the word

On the adoption of the amendment offered by Senator Peevy of the 48th, Senator John son of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood
Brannon Dawkins Deal Fincher

Fuller
Kidd Olmstead Parker Peevy

Scott of 36th Starr
Taylor Walker

Those voting in the negative were Senators:

Albert Baldwin Barker Barnes B_Bouwrteonn CCloalyeman
Collins
Dean Echols
Edge

Egan English Engram Foster GG,,.ia.l.rh.nser HHaamrrims ill
Huggins
Johnson Land
McKenzie

Newbill Perry Phillips Pollard DK_ a-_g_a_n o*f, RScao^ttnof 2nd
Stumbaugh
Tate Turner
Tysinger

Those not voting were Senators:

Broun Howard Kennedy (presiding)

Langford Ray

Shumake Timmons

On the adoption of the amendment, the yeas were 14, nays 35, and the amendment offered by Senator Peevy of the 48th was lost.

Senator Edge of the 28th offered the following amendment:

Amend the substitute to SB 503 offered by the Senate Committee on Judiciary by ad ding the following language on page 3, line 2, following the word "marijuana":
"and the court in which the individual was convicted".

On the adoption of the amendment offered by Senator Edge of the 28th, Senator John son of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan
English
Engram Fincher Foster Fller Garner Gillis Hammill Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Peevy
Perry
Phillips Pollard Ragan of loth Ragan of 32nd Scott of 2nd c ,. ,, ,,.., ^ott of 36th ^tarr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barnes Harris Howard

Kennedy (presiding) Langford Parker

Ray Shumake Timmons

On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

Senator Scott of the 2nd offered the following amendment:

Amend the substitute to SB 503 offered by the Senate Committee on Judiciary by ad ding on line 5, page 2, after the word "government":
", State Bar"
and by adding on line 18, page 2 after word "government": ", State Bar".

Senator Scott of the 2nd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.

Senator Phillips of the 9th offered the following substitute to SB 503:

A BILL
To be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning professions and businesses, so as to provide for the suspension or revocation of occupation licenses of persons who are convicted of unlawfully possessing or having under their control any controlled substance or mari juana; to provide for the suspension or revocation of occupation licenses of persons who are convicted of unlawfully distributing or trafficking in any controlled substance or marijuana; to provide for the permanent revocation of occupation licenses of persons who are convicted of distributing a controlled substance or marijuana to any person under 18 years of age; to define certain terms; to provide for periods of suspension; to provide for reinstatement of occupation licenses under certain conditions; to provide procedures; to provide for hearings; to provide for compliance by state agencies which issue occupation licenses; to provide that teachers whose occupation licenses have been suspended shall be prohibited from teaching in certain schools or school systems; to repeal conflicting laws; and for other purposes.

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993

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning professions and businesses, is amended by adding following Code Section 43-1-25 a new Code Section 43-1-26 to read as follows:
"43-1-26. (a) As used in this Code section, the term:
(1) 'Incarceration' means any period of detention in a jail, prison, or detention facility following final conviction and sentencing; provided, however, that such term shall not in clude any period of detention following revocation of probation or parole.
(2) 'License' shall include a certificate or any other official document issued by a state examining board or any other state agency authorizing a person to practice an occupation or profession or to engage in any business.
(b) (1) Any person who is engaged in an occupation or profession licensed by the State of Georgia and who is convicted of a violation of subsection (a) of Code Section 16-13-30 or is convicted of possession of marijuana in violation of subsection (j) of Code Section 16-1330 shall, in addition to any incarceration, fine, probation, or other penalty imposed by the court, have his occupation license suspended or revoked as follows:
(A) Upon the first conviction, suspension of the occupation license for the length of any period of incarceration plus an additional consecutive 12 months; provided, however, that, upon successful completion of the following requirements, the person shall be entitled to reinstatement of the license after a period of six months following incarceration:
(i) The person at his own expense enters and completes a six-month drug rehabilitation and counseling program approved by the licensing authority. Any such drug rehabilitation program shall provide for not less than three random tests for controlled substances and marijuana;
(ii) The person passes all tests for controlled substances and marijuana administered randomly throughout such rehabilitation and counseling program;
(iii) The person completes any community service required by the court;
(iv) The person agrees to make available to the licensing authority any medical records relating to such person's rehabilitation; and
(v) The person at his own expense provides to the licensing authority a certificate from a licensed physician certified by the American Society of Addictive Medicine stating that the person is not drug dependent and is free from controlled substances and marijuana;
(B) Upon the second conviction, suspension of the occupation license for the length of any period of incarceration plus an additional consecutive three years; provided, however, that, upon successful completion of the following requirements, the person shall be entitled to reinstatement of the license after a period of 18 months following incarceration:
(i) The person at his own expense enters and completes a 12 month drug rehabilitation and counseling program approved by the licensing authority. Any such drug rehabilitation program shall provide for not less than nine random tests for controlled substances and marijuana;
(ii) The person passes all tests for controlled substances and marijuana administered randomly throughout such rehabilitation and counseling program;
(iii) The person completes any community service required by the court;
(iv) The person agrees to make available to the licensing authority any medical records relating to such person's rehabilitation; and
(v) The person at his own expense provides to the licensing authority a certificate from a licensed physician certified by the American Society of Addictive Medicine stating that the person is not drug dependent and is free from controlled substances and marijuana; and
(C) Upon the third conviction, permanent revocation of the occupation license.

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(2) Except as otherwise provided in paragraph (3) of this subsection, any person who is engaged in an occupation or profession licensed by the State of Georgia and who is con victed of distributing a controlled substance in violation of subsection (b) of Code Section 16-13-30 or is convicted of distributing marijuana in violation of subsection (j) of Code Sec tion 16-13-30 or is convicted of trafficking in any controlled substance or marijuana in viola tion of Code Section 16L 13-31 shall, in addition to any incarceration, fine, probation, or other penalty imposed by the court, have his occupation license suspended for the length of any period of incarceration or probation, or both, plus an additional consecutive four years; provided, however, that, upon a second such conviction as provided in this paragraph, the person's occupation license shall be revoked permanently.
(3) Any person who is engaged in an occupation or profession licensed by the State of Georgia and who is convicted of distributing to a person under 18 years of age a controlled substance in violation of subsection (b) of Code Section 16-13-30 or marijuana in violation of subsection (j) of Code Section 16-13-30 shall, in addition to any incarceration, fine, proba tion, or other penalty imposed by the court, have his occupation license revoked permanently.
(c) Upon the final conviction of any person covered by the provisions of subsection (b) of this Code section, the court shall take the occupation license issued to such person and shall forward such license to the appropriate state licensing authority. The license of a per son who appeals a conviction shall be forwarded to the licensing authority with a notice of appeal attached. The license of such person shall not be suspended or revoked by the licens ing authority until a final judgment of conviction. As used in this Code section, the term 'conviction' includes an accepted plea of nolo contendere to a charge of possessing or dis tributing a controlled substance or marijuana in violation of Code Section 16-13-30 or to a charge of trafficking in any controlled substance or marijuana in violation of Code Section 16-13-31. Any person who is placed on probation for a first offense pursuant to the provi sions of Code Section 16-13-2 or Article 3 of Chapter 8 of Title 42 shall be considered con victed of such offense for the purposes of this Code section. In the case of an appeal, a judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this state affirming the conviction is filed in the court below. Upon receipt of such remittitur, the court shall notify in writing the appropriate licensing authority.
(d) Each state examining board or state agency which licenses an occupation or profes sion or business in this state shall comply with the provisions of this Code section.
(e) (1) Any person whose license has been suspended under this Code section may, not more than 45 days prior to the expiration date of the suspension period or prior to the date the person qualifies for reinstatement of his license, make application to the licensing au thority to have his license reinstated. The licensing authority shall review the application, determine the expiration date of the period of suspension, and reinstate the license to the person within 15 days following such expiration date. If the expiration date determined by the licensing authority is later than such date shown by the applicant, the licensing author ity shall notify the applicant by certified mail.
(2) Any person aggrieved by a decision of the licensing authority under this paragraph may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the licensing authority shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act." After such hearing, the licensing authority shall sustain its decision or re scind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the decision of the licensing authority shall be final.
(f) Any teacher who is employed by a local school system and whose occupation license is suspended pursuant to subsection (b) of this Code section shall be prohibited from teach ing in the same school in which the teacher taught at the time of the violation of Code Section 16-13-30 or Code Section 16-13-31; provided, however, that upon a second suspen sion pursuant to subsection (b) of this Code section, such teacher shall be prohibited from

FRIDAY, FEBRUARY 9, 1990

995

teaching in the same school system in which the teacher taught at the time of the violation of Code Section 16-13-30 or Code Section 16-13-31."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Howard of the 42nd offered the following amendment:

Amend the substitute to SB 503 offered by the Senate Committee on Judiciary by ad ding the following on page 3 after the word "individual" on line 19:
"provided however, with respect to a first conviction for an offense covered by this sub section, a defendant who enters a drug rehabilitation program approved by the board shall be entitled to a limited occupation license which shall be valid for a period of not more than 6 months."

Senator Johnson of the 47th moved that the amendment offered by Senator Howard of the 42nd be printed.

On the motion, the yeas were 14, nays 27; the motion was lost, and the amendment was not ordered to be printed.

On the adoption of the amendment offered by Senator Howard of the 42nd, Senator Johnson of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman Dawkins Deal Dean Echols

Edge Egan Engram Foster Fuller Hammill Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Barker Collins

English Gillis

Pollard Starr

Those not voting were Senators:

Fincher Garner Harris

Kennedy (presiding) Langford Ray

Shumake Timmons

On the adoption of the amendment, the yeas were 42, nays 6, and the amendment of fered by Senator Howard of the 42nd was adopted.

Senator Fuller of the 52nd offered the following amendment:

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Amend the substitute to SB 503 offered by the Senate Committee on Judiciary by in serting after the word "law", page 2, line 27, the following:
"and all elected officials of this state, including the Governor and the legislature".

On the adoption of the amendment offered by Senator Fuller of the 52nd, Senator Johnson of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun Collins Dawkins Echols Edge English

Foster Fuller Gillis Howard Huggins Kidd Land

Newbill Parker Peevy Perry Phillips Scott of 36th Stumbaugh

Those voting in the negative were Senators:

Albert Allgood
Baldwin Barnes Bowen Brannon Burton Clay Coleman

Deal Dean
E&an Engram Hammill Johnson McKenzie Olmstead Pollard

Ragan of 10th Ragan of 32nd
Scott of 2nd g, ,,,
ae Taylor Turner Tysinger

Those not voting were Senators:

Fincher Garner Harris

Kennedy (presiding) Langford Ray

Shumake Timmons Walker

On the adoption of the amendment, the yeas were 21, nays 26, and the amendment offered by Senator Fuller of the 52nd was lost.

Senator Collins of the 17th offered the following amendment:

Amend the substitute to SB 503 offered by the Senate Committee on Judiciary on page 4, line 3, at the end add "and pass drug test."

Senator Kidd of the 25th moved that SB 503 be postponed until Monday, February 12.

Senator McKenzie of the 14th moved the previous question.

Senator Barker of the 18th moved that SB 503 be placed on the Table.

On the motion offered by Senator Barker of the 18th, which motion takes precedence, the yeas were 21, nays 24; the motion was lost, and SB 503 was not placed on the Table.

On the motion offered by Senator McKenzie of the 14th, the yeas were 24, nays 9; the motion prevailed, and the previous question was ordered.

On the adoption of the amendment offered by Senator Collins of the 17th, Senator

FRIDAY, FEBRUARY 9, 1990

997

Phillips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Burton Clay Collins

Edge Howard Land Newbill Parker Phillips

Ragan of 32nd Scott of 36th Starr Stumbaugh Tysinger

Those voting in the negative were Senators:

Allgood Baldwin Bowen Brannon Broun Coleman Dawkins Deal Dean Egan

English Engrain Foster Fuller Gillis Huggins Johnson Kidd McKenzie Olmstead

Peevy Perry Pollard Ragan of 10th Scott of 2nd Tate Taylor Turner Walker

Those not voting were Senators:

Echols Fincher Garner Hammill

Harris Kennedy (presiding) Langford

Ray Shumake Timmons

On the adoption of the amendment, the yeas were 17, nays 29, and the amendment offered by Senator Collins of the 17th was lost.

Senator Newbill of the 56th offered the following amendment:

Amend the substitute to SB 503 offered by Senator Phillips of the 9th by adding the following on page 3, line 23:
"(B) With respect to a first conviction for an offense covered by this subsection, a de fendant who enters a drug rehabilitation program approved by the department shall be enti tled to a limited occupation license which shall be valid for a period of not to exceed six months.",
and renumbering succeeding sections accordingly.

On the adoption of the amendment, the yeas were 33, nays 4, and the amendment was adopted.

On the adoption of the substitute offered by the Senate Committee on Judiciary, Sena tor Phillips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Brannon

Broun Burton Clay

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JOURNAL OF THE SENATE

Coleman Collins Dawkins Deal
j?6.*" Jrl* English Engram Foster Gillis Hammill

Howard Huggins Johnson Kidd
Land McKenzie Newbill Olmstead Parker Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Starr Stumbaugh Tate Taylor Turner Walker

Those voting in the negative were Senators:

Fuller Peevy

Scott of 36th

Tysinger

Those not voting were Senators:

Bowen Echols Fincher

Garner Harris Kennedy (presiding)

Langford Shumake Timmons

On the adoption of the substitute offered by the Senate Committee on Judiciary, the yeas were 43, nays 4, and the substitute was adopted as amended.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that, since the substitute to SB 503 offered by the Senate Committee on Judiciary was adopted as amended, the substitute offered by Senator Phillips of the 9th became moot.

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 Dawkins Deal Dean Edge

Egan English Engram Foster Gillis Hammill Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd rbitiarr Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Fuller Parker

Peevy

Scott of 36th

FRIDAY, FEBRUARY 9, 1990

999

Those not voting were Senators:

Bowen Echols Fincher

Garner Harris Kennedy (presiding)

Langford Shumake Timmons

On the passage of the bill, the yeas were 43, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and put upon its adoption:

SR 433. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 9, and to reconvene at 10:00 o'clock A.M. on Monday, February 12.

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution was adopted.

The President resumed the Chair.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 577. By Senator Walker of the 43rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.

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 Collins Dawkins Deal Dean Edge

Egan English Engram Foster Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Starr Tate T/sylor Turner Tysinger Walker

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Those not voting were Senators:

Bowen Brannon Echols Fincher Fuller

Garner Gillis Harris Langford Ray

Scott of 36th Shumake Stumbaugh Timmons

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 602. By Senators Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual battery; to provide for the offense of aggravated sexual battery; to define certain terms; to provide penalties for such offenses.

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 Dawkins Deal Dean Edge Egan

English Engram Foster Fuller Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Echols Fincher

Garner Gillis Harris Langford Ray

Scott of 2nd Scott of 36th Shumake Stumbaugh Timmons

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 605. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources; to provide a definition; to au thorize the director to require the submission of certain information.

FRIDAY, FEBRUARY 9, 1990

1001

The Senate Committee on Natural Resources offered the following substitute to SB 605:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the De partment of Natural Resources; to provide a definition; to authorize the director to require the submission of certain information; to authorize the director to place certain conditions on such permits; to provide for the term of such permits; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, is amended by inserting immediately following Code Section 12-5-30.1 a new Code Section 12-5-30.2 to read as follows:
"12-5-30.2. (a) As used in this Code section, the term 'combined sewer overflow' or 'CSO' means a sewage system so designed or constructed as to allow surface-water runoff to enter the conduit carrying sewage, industrial waste, or other waste and, when such conduit exceeds its maximum capacity, allows a discharge which by-passes the normal treatment works integral to such sewage system and allows untreated or incompletely treated sewage, industrial waste, or other waste to flow, directly or indirectly, into the waters of the state.
(b) After March 31, 1991, no person shall operate a CSO in this state unless he has obtained a permit to do so from the director. The director, under the conditions he prescribes, shall require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits.
(c) The director is authorized to require as conditions in permits issued under this Code section the achievement of effluent limitations established pursuant to this article. In impos ing effluent limitations as conditions in such permits, the director shall base his determina tion upon the assessment of technology and processes unrelated to the quality of receiving waters of this state. Effluent limitations required as conditions of such permits shall be achieved in the shortest reasonable period of time consistent with state law and the Federal Water Pollution Control Act, as amended. The director is further authorized to set sched ules of compliance and include such schedules within the terms and conditions of such per mits for the operation of a CSO and to prescribe terms and conditions for such permits to assure compliance with applicable effluent limitations and water quality criteria established pursuant to this article, including, but not limited to, requirements concerning recording, reporting, monitoring, and inspection to the extent permissible under this article and such other requirements as are consistent with the purposes of this article.
(d) Each permit issued pursuant to this Code section shall have a fixed term of five years and may be renewed by the director in accordance with such guidelines as he shall prescribe but only after the director has issued a written finding, based upon actual investi gation, that the applicant has substantially followed any schedules of compliance estab lished pursuant to subsection (c) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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.

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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:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English

Engram Foster Fuller Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Echols Fincher

Garner Gillis Harris Langford

Ray Shumake Stumbaugh Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide defini tions; to provide the minimum contents of such plan.

The Senate Committee on Natural Resources offered the following substitute to SB 606:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated,

FRIDAY, FEBRUARY 9, 1990

1003

relating to the control of water pollution and surface-water use, is amended by inserting immediately following Code Section 12-5-29 a new Code Section 12-5-29.1 to read as follows:
"12-5-29.1. (a) As used in this Code section, the term:
(1) 'Combined sewer overflow' or 'CSO' means a sewage system so designed or con structed as to allow surface-water runoff to enter the conduit carrying sewage, industrial waste, or other waste and, when such conduit exceeds its maximum capacity, allows a dis charge which by-passes the normal treatment works integral to such sewage system and allows untreated or incompletely treated sewage, industrial waste, or other waste to flow, directly or indirectly, into the waters of this state.
(2) 'Sewage overflow' means that untreated sewage, industrial waste, or other waste which is discharged when a CSO exceeds its maximum capacity so that such material by passes the normal treatment works integral to such sewage system and flows untreated or incompletely treated into the waters of this state.
(b) Any person who owns or operates a CSO in this state on July 1, 1990, shall devise and submit to the director for approval a detailed plan to eliminate sewage overflow or to treat sewage overflow so that all water flowing from such CSO into the waters of this state shall meet standards of water purity and permit limits for publicly owned waste-water treat ment facilities with combined sewer overflows established by the division or by the federal Environmental Protection Agency under the provisions of the Federal Water Pollution Con trol Act amendments of 1972, 33 U.S.C. Section 1251 and following, as amended by the Clean Water Act of 1977 (P.L. 95-217).
(c) The plan required by subsection (b) of this Code section shall include, as a mini mum, provision for realistic implementation of means to eliminate sewage overflow or effec tuate treatment of overflow to meet or exceed such water purity standards by not later than December 31, 1993;
(d) The plan required by subsection (b) of this Code section shall be submitted to the director not later than December 31, 1990. Any person who fails to obtain approval and implement an approved plan by December 31, 1993, shall, after that date and until such person implements an approved plan, be subject to the liability and penalties provided in Code Section 12-5-51,12-5-52, and 12-5-53 and, in addition, shall be prohibited from adding any additional sewer inlets to such sewer system."
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:

Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean

Edge Egan English Engram Foster Fuller Hammill Howard Huggins Johnson Kennedy

Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd

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JOURNAL OF THE SENATE

Scott of 2nd Scott of 36th Starr

Tate Taylor Turner

Tysinger Walker

Those not voting were Senators:

Albert
Allgood Bowen Brannon Echols

Fincher
Garner Gillis Harris Langford

McKenzie
Ray Shumake Stumbaugh Timmons

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 626. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody, so as to change the defini tion of the offense of sexual assault against persons in custody; to provide a pen alty for the offense; to provide for an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Broun urton p ,y P fman
^OUlns
DDeaawlkins Dean Edge Egan English

Engram Foster Fuller Hammill
Howard Huggins Johnson Kennedy
T _. . .
KLaldndd McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th
_
STtaatrer Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert BBorawnennon Echols Fincher

Garner Gillis Harris Langford

Ray Shumake Stumbaugh Timmons

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 9, 1990

1005

SB 628. By Senators Olmstead of the 26th, Harris of the 27th, Barker of the 18th and Albert of the 23rd:
A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review procedures, so as to change certain time periods for hearings for applica tions for a project.

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
^dauryton CCoollleimnsan Dawkins Deal Dean Edge Egan

English Foster Fuller Hammill
gHuogwgamrds JKoehnnnseodny Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Pollard
Rgcaogtatnoof f23n2dnd Socontt eof 3o/6.*thu Starr Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Barnes Engram

Phillips

Ragan of 10th

Those not voting were Senators:

Albert gowen Brannon Echols Fincher

Garner Gillis Harris Langford Ray

Shumake Stumbaugh
Timmons Turner

On the passage of the bill, the yeas were 38, nays 4.

The bill, having received the requisite constitutional majority, was passed.

SB 632. By Senator Egan of the 40th:
A bill to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as the "Uniform Management of Institutional Funds Act," so as to define "historic dollar value" of an endowment fund of a charitable institution for the purpose of determining the total return of the endowment fund; to change provi sions relating to definitions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan

English Engram Foster Fuller Howard Muggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Starr Tate Taylor Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Echols Fincher Garner

Gillis Hammill Harris Langford Ray

Scott of 36th Shumake Stumbaugh Timmons Turner

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 637. By Senators Ray of the 19th, Parker of the 15th, Phillips of the 9th and others:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veteran's license plates, so as to provide that the commissioner of revenue is authorized and directed to design the license plate of disabled veterans.

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 Dawkins Deal Dean Edge Egan English

Engram Fuller Hammill Harris Howard Muggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Starr Tate Taylor Walker

FRIDAY, FEBRUARY 9, 1990

1007

Those not voting were Senators:

Albert Bowen Brannon Broun Collins Echols

Fincher Foster Garner Gillis Langford Ray

Scott of 36th Shumake Stumbaugh Timmons Turner Tysinger

On the passage of the bill, the yeas were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 640. By Senator Fuller of the 52nd:
A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, so as to re peal certain provisions prohibiting district attorneys emeritus from practicing law.

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 Dawkins Deal Dean Edge Egan

English Engrain Fuller Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Starr Tate Taylor Tysinger Walker

Those not voting were Senators:

Albert Bowen Brannon Echols Fincher

Foster Garner Gillis Langford Ray

Scott of 36th Shumake Stumbaugh Timmons Turner

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 663. By Senator Burton of the 5th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia.

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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:

Allgood Baldwin Barker Barnes
Coleman C0Hjns Dawkins Deai Dean Edge Egan

English Engram Fuller Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Starr Tate Taylor Tysinger

Those not voting were Senat;oorrs:

Albert Bowen Brannon g ^ jg Fincher Foster

Garner Gillis Langford Ray Scott of 36th

Shumake Stumbaugh Timmons Turner 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 resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 361. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A resolution urging the federal Food and Drug Administration and the federal Environmental Protection Agency to adopt a single standard for levels of toxic chemicals in fish tissue.

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 Dawkins Deal Dean Edge Egan

English Engram Fuller Hammill Harris Howard Huggins

FRIDAY, FEBRUARY 9, 1990

1009

Johnson Kennedy
Land McKenzie Newbill Olmstead

Parker peevy
Pe"y PhilliPs Pollard Ragan of 10th

Ragan of 32nd Scott of 2nd
Sta" Tate Taylor Tysinger

Those not voting were Senators:

Albert Bowen Bg ra. nni on
Fincher Foster

Garner Gillis TLangf,.ord,
Ray Scott of 36th

Shumake Stumbaugh ,,T.immons
Turner Walker

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 374. By Senators Tate of the 38th, Howard of the 42nd, Coleman of the 1st and others:
A resolution creating the Senate Older Georgians' 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:

Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean

Egan English Engram Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie

Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Starr Tate Taylor Tysinger

Those not voting were Senators:

Albert Bowen
SEEdchfgoels Fincher Foster

Fuller Garner
LPT eaenvgyf*ordj Ray Scott of 2nd

Scott of 36th Shumake
_TS.tiummmboanusgh Turner Walker

On the adoption of the resolution, the yeas were 36, nays 0.

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JOURNAL OF THE SENATE

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 adopted by the requisite constitutional majority the following resolution of the Senate:

SR 433. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st: A resolution relative to adjournment.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 393. By Senator Gillis of the 20th:
A resolution urging the Georgia Congressional Delegation to support the enact ment of a nationwide prohibition against transporting solid waste from one state to another state for disposal or deposit and against disposing of or depositing solid waste in any state other than the state in which the waste was generated unless the state to which such waste is sent for disposal or deposit gives its con sent thereto.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes
Coeman Collins Dawkins Deal Dean Egan

English Fuller Hammill
Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Peevy Perry
Phillips Pollard Ragan of 10th ^an f Scott of 2nd Starr Tate Taylor Tysinger

Those not voting were Senators:

Albert Bowen
BEE(cj/hefoe1?ls0" Engram Fincher

Foster Garner
LGailnligsf,ord, Parker Ray

Scott of 36th Shumake
oTSvtuunmmboanusgh Turner Walker

On the adoption of the resolution, the yeas were 37, nays 0.

FRIDAY, FEBRUARY 9, 1990

1011

The resolution, having received the requisite constitutional majority, was adopted.
Serving as doctor of the day today was Dr. Fleming Jolly, of Sea Island, Georgia.
Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to SR 433 adopted previ ously, until 10:00 o'clock A.M. on Monday, February 12; the motion prevailed.
At 1:30 o'clock P.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to SR 433 adopted previously, until 10:00 o'clock A.M. on Monday, February 12.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 12, 1990 Twenty-fifth Legislative Day

The Senate met pursuant to adjournment at 10:00 o'clock A.M. and was called to order by the President.

Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 9, had been read and found correct.

Senator Phillips of the 9th moved that the Senate reconsider its action of Friday, Feb ruary 9 in passing the following resolution of the Senate:

SR 341. By Senators Bowen of the 13th, Broun of the 46th, Turner of the 8th and Kidd of the 25th:
A resolution creating the Senate Legislative Process Study Committee.

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:

Albert Barnes Burton
Clay

Collins Edge Egan
Perry

Phillips Ragan of 32nd Tysinger

Those voting in the negative were Senators:

Baldwin Barker Bowen B roun Dean EFinngcrhaemr
Fuller
Garner
Gillis

Hammill Harris Huggins Johnson Kennedy KOlimddstead
Parker
Peevy
Pollard

Ragan of 10th Ray Scott of 2nd Scott Qf 36th ,, ^Stuarmrb, augh
Taylor
Timmons
Turner

Those not voting were Senators:

Allgood Brannon
DawZ Deal Echols

English Foster
How, d Land Langford

McKenzie Newbill
Shumake Tate Walker

On the motion, the yeas were 11, nays 29; the motion was lost, and SR 341 was not reconsidered.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

MONDAY, FEBRUARY 12, 1990

1013

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 1038. By Representatives Dixon of the 128th, Hamilton of the 124th and Alien of the 127th: A bill to amend an Act creating a new charter for the City of Pooler, so as to change the provisions relating to the corporate limits of said city.
HB 1495. By Representative Breedlove of the 60th: A bill to increase the homestead exemption from city ad valorem taxes for resi dents of the City of Norcross who own and occupy their residences; to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who are 62 years of age or older and who own and occupy their residences.
HB 1736. By Representative Hudson of the 117th: A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.
HB 1750. By Representatives Wilder of the 21st, Clark of the 20th, Isakson of the 21st, Aiken of the 21st, Atkins of the 21st and others: A bill to amend an Act creating a board of elections and registration in Cobb County, so as to authorize the board to employ an attorney.
HB 1751. By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Oliver of the 53rd, Davis of the 45th and others: A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to authorize the board of education to make rules and regulations relat ing to admission of certain nonresident students in the public schools of the city and to adopt admission policies and establish rates of tuition and tuition credits and work programs with respect to such nonresident students.
HB 1761. By Representative Green of the 106th: A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change provisions relating to compensation and allowances of the chairperson and members of the board.
HB 1765. By Representative Powell of the 145th: A bill to amend an Act providing a new charter for the City of Norman Park, so as to change the provisions relating to date of taking office; to reestablish twoyear terms of office for the mayor and councilmen; to provide for the date of the regular municipal election.
HB 1597. By Representatives Thomas of the 69th, Pettit of the 19th, Baker of the 51st and Lawrence of the 49th: A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in gen-

1014

JOURNAL OF THE SENATE

eral, so as to provide for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property.
HB 1541. By Representatives Walker of the 115th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd, Connell of the 87th and others:
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 a defi nition; to limit the Department of Medical Assistance's ability to obtain interest and its liability for interest.
HB 1608. By Representatives Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipali ties and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees.
HB 577. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
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 authorize drug bidding programs and rebates relating thereto.
HB 1539. By Representatives Royal of the 144th, Coleman of the 118th, Crosby of the 150th, Godbee of the 110th, Barnett of the 10th and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of "fair market value" with respect to the valuation of standing timber for ad valorem tax purposes.
HB 1740. By Representative Randall of the 101st:
A bill to amend Code Section 43-18-8, relating to the termination date of the State Board of Funeral Service, so as to change the termination date to July 1, 1996.
HB 1463. By Representative Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "invest ment adviser"; to provide that a person shall not hold himself out as an invest ment adviser or financial planner unless such person is registered as such under this chapter.
HB 1563. By Representatives Connell f the 87th, Richardson of the 52nd, Athon of the 57th, Buck of the 95th and Hooks of the 116th:
A bill to amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses.
HB 1137. By Representative Richardson of the 52nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of contin uing care providers and facilities; to provide for exemptions; to prohibit continu ing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department.

MONDAY, FEBRUARY 12, 1990

1015

HB 1520. By Representatives Murphy of the 18th and Mangum of the 57th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Educa tion and the Board of Regents of the University System of Georgia.
HB 1555. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers.
HB 1601. By Representative Lane of the 27th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to authorize the assessment and collection of surcharges on business license fees and occupation taxes to fund supplemental services provided within a district.
HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st, McKinney of the 40th, Sinkfield of the 37th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy.
SB 71. By Senator Timmons of the llth:
A bill to amend Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to the definition of "average annual compensation"; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relating to the fee system of compensation and reports in connection therewith.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 735. By Representatives Couch of the 36th and Murphy of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution.
HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge.
SR 335. By Senator Kennedy of the 4th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Tattnall County, Georgia; to provide an effective date.

1016

JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 76. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and re quirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings pro tected by approved automatic sprinkler systems.
Referred to Committee on Public Safety.
SB 712. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th:
A bill to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Public Safety Training Center Act," so as to change the provisions relating to the authority of the Board of Public Safety; to provide facilities and programs for the training of code enforcement personnel of the Safety Fire Commissioner; to provide an effective date.
Referred to Committee on Public Safety.
SB 713. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Griffin, as amended, so as to to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation.
Referred to Committee on Urban and County Affairs.
SB 714. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Contol Act," so as to provide for water quality standards for certain lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply.
Referred to Committee on Natural Resources.
SB 715. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and Barnes of the 33rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such additional judge; to provide for the compensa-

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tion, salary, and expense allowance of said judge to be paid by the State of Geor gia and the county comprising said circuit. Referred to Committee on Judiciary.
SB 716. By Senators Taylor of the 12th, Perry of the 7th, Collins of the 17th and English of the 21st: A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, handling, and transportation of hazardous materials, so as to provide that certain aboveground storage tanks for diesel fuel shall not be prohibited.
Referred to Committee on Industry and Labor.
SR 429. By Senator Barker of the 18th: A resolution commending the Houston County Health Department.
Referred to Committee on Rules.
SR 430. By Senators Clay of the 37th, Dawkins of the 45th and Scott of the 36th: A resolution creating the Senate Medical Waste Disposal Study Committee.
Referred to Committee on Industry and Labor.
SR 432. By Senator English of the 21st: A resolution providing that the Department of Natural Resources should not promulgate certain requirements applicable to gasoline service stations until such time as amendments to the Federal Clean Air Act have been finalized by Con gress; to provide an effective date.
Referred to Committee on Natural Resources.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 577. By Representatives Parham of the 105th 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 authorize drug bidding programs and rebates relating thereto.
Referred to Committee on Appropriations.
HB 1137. By Representative Richardson of the 52nd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of contin uing care providers and facilities; to provide for exemptions; to prohibit continu ing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department.
Referred to Committee on Insurance.
HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st and others: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy.
Referred to Committee on Special Judiciary.

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HB 1463. By Representative Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "invest ment adviser"; to provide that a person shall not hold himself out as an invest ment adviser or financial planner unless such person is registered as such under this chapter. Referred to Committee on Governmental Operations.
HB 1520. By Representatives Murphy of the 18th and Mangum of the 57th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Educa tion and the Board of Regents of the University System of Georgia. Referred to Committee on Education.
HB 1539. By Representatives Royal of the 144th, Coleman of the 118th, Crosby of the 150th and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of "fair market value" with respect to the valuation of standing timber for ad valorem tax purposes. Referred to Committee on Banking and Finance.
HB 1541. By Representatives Walker of the 115th, Groover of the 99th, Edwards of the 112th and others:
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 a defi nition; to limit the Department of Medical Assistance's ability to obtain interest and its liability for interest. Referred to Committee on Judiciary.
HB 1555. By Representatives Jackson of the 9th, Jackson of the 83rd, Barnett of the 10th and Harris of the 84th:
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 create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers. Referred to Committee on Public Safety.
HB 1563. By Representatives Connell of the 87th, Richardson of the 52nd, Athon of the 57th and others:
A bill to amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses. Referred to Committee on Human Resources.
HB 1597. By Representatives Thomas of the 69th, Pettit of the 19th, Baker of the 51st and Lawrence of the 49th:
A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in gen-

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eral, so as to provide for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property. Referred to Committee on Judiciary.
HB 1601. By Representative Lane of the 27th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to authorize the assessment and collection of surcharges on business license fees and occupation taxes to fund supplemental services provided within a district. Referred to Committee on Urban and County Affairs (General).
HB 1608. By Representatives Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipali ties and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees. Referred to Committee on Urban and County Affairs (General).
HB 1740. By Representative Randall of the 101st:
A bill to amend Code Section 43-18-8, relating to the termination date of the State Board of Funeral Service, so as to change the termination date to July 1, 1996. Referred to Committee on Governmental Operations.
HR 735. By Representatives Couch of the 36th and Murphy of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution. Referred to Committee on Transportation.
HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st and others:
A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge. Referred to Committee on Transportation.
HB 1038. By Representatives Dixon of the 128th, Hamilton of the 124th and Alien of the 127th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the provisions relating to the corporate limits of said city. Referred to Committee on Urban and County Affairs.
HB 1495. By Representative Breedlove of the 60th:
A bill to increase the homestead exemption from city ad valorem taxes for resi dents of the City of Norcross who own and occupy their residences; to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who are 62 years of age or older and who own and occupy their residences. Referred to Committee on Urban and County Affairs.

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HB 1736. By Representative Hudson of the 117th: A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.
Referred to Committee on Urban and County Affairs.
HB 1750. By Representatives Wilder of the 21st, Clark of the 20th, Isakson of the 21st and others: A bill to amend an Act creating a board of elections and registration in Cobb County, so as to authorize the board to employ an attorney.
Referred to Committee on Urban and County Affairs.
HB 1751. By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th and others: A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to authorize the board of education to make rules and regulations relat ing to admission of certain nonresident students in the public schools of the city and to adopt admission policies and establish rates of tuition and tuition credits and work programs with respect to such nonresident students.
Referred to Committee on Urban and County Affairs.
HB 1761. By Representative Green of the 106th: A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change provisions relating to the compensation and allowances of the chairperson and members of the board.
Referred to Committee on Urban and County Affairs.
HB 1765. By Representative Powell of the 145th: A bill to amend an Act providing a new charter for the City of Norman Park, so as to change the provisions relating to the date of taking office; to reestablish two-year terms of office for the mayor and councilmen; to provide for the date of the regular municipal election.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 681. Do pass by substitute. Respectfully submitted, Senator Dawkins of the 45th District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 531. Do pass by substitute.

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HB 1200.

Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Safety 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 1149. Do pass by substitute. HB 1435. Do pass as amended.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 692. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 357. Do pass as amended.
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 of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1329. Do pass as amended.

HB 1714. Do pass by substitute.

HB 1575. Do pass by substitute.

HB 1718. 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:

SB 381. By Senator Brannon of the 51st:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear so that it will only apply to cer tain persons.

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SB 389. By Senator Bowen of the 13th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies, so as to provide that any peace officer employed by a county, municipal corpora tion, or other political subdivision of this state who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensa tion for certain periods of time.
SB 413. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to revocation and republication of wills, so as to change the provisions relating to revocation of a will by divorce; to provide that a divorce does not revoke portions of the will unrelated to the former spouse; to provide for the distribution of the interest devised or bequeathed to the former spouse.
SB 500. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from public employ ment of public employees committing certain criminal offenses involving con trolled substances and dangerous drugs; to provide a short title.
SB 547. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking, and passing, so as to authorize the Department of Transportation and local governing authorities to designate certain lanes of a highway or street as a two way left turn only lane; to provide for regulation and authorized use of such lanes; to provide for prohibited acts.
SB 561. By Senator Dawkins of the 45th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that a sheriff may not change or extend the place of confinement of a county inmate except when permitted by law or as directed by a court having competent jurisdiction.
SB 655. By Senator Tysinger of the 41st:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Public Safety, so as to provide for a motor vehicle theft prevention program to be estab lished by the Commissioner of Public Safety; to provide for optional participa tion in the program by counties.
SB 683. By Senators Tate of the 38th, Scott of the 36th and Shumake of the 39th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to remove the provision that makes this Code section inapplicable to any county having a population of 550,000 or more; to provide for related matters; to provide an effective date.
SB 687. By Senators Scott of the 2nd and Edge of the 28th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations,

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so as to provide that the governing authorities of counties and municipal corpo rations may sell or grant real and personal property to the State of Georgia.
SB 698. By Senator Garner of the 30th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for qualifications of certain supervisors.
SB 700. By Senator Brannon of the 51st:
A bill to amend Code Section 40-8-73.1 relating to the affixing to motor vehicles of materials which reduce light transmission through windows or windshields, so as to exempt from the requirements of said Code section certain motor vehicles owned or leased by a licensed funeral director or funeral establishment and used for the purpose of transporting dead bodies in connection with the business of the funeral director or funeral establishment.
SR 281. By Senators Gillis of the 20th and English of the 21st: A resolution designating a portion of the growth corridor program as the "Kaolin Parkway".
SR 362. By Senators Coleman of the 1st, Huggins of the 53rd, Olmstead of the 26th and others:
A resolution designating the Luther V. Land Bridge.
SR 396. By Senator Dawkins of the 45th: A resolution creating the Senate Study Committee on Cost Display on State Publications.
SR 403. By Senators Walker of the 43rd, Langford of the 35th, Kidd of the 25th and others:
A resolution urging Congress to reject the proposed increase in social security taxes for certain state and local government employees.
HB 255. By Representatives Porter of the 119th and Jamieson of the llth: A bill to amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to author ize the commissioner of public safety to assess a fine against an insurer which sends a notice of cancellation to the Department of Public Safety in violation of the department's regulations.
HB 1159. By Representative Watson of the 114th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of a certain term; to define additional terms; to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the Georgia Residential Finance Authority.
HB 1160. By Representative Watson of the 114th: A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons con victed of certain illegal drug activity from participation in programs financed or administered by the authority.

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HB 1206. By Representatives Benn of the 38th and McKinney of the 35th:
A bill to amend Code Section 48-5-349 of the Official Code of Georgia Annotated, relating to the composition of the Ad Valorem Assessment Review Commission, so as to provide that the appraiser member shall be certified by certain organizations.
HB 1235. By Representatives Cheeks of the 89th and Kilgore of the 42nd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
HB 1246. By Representatives Birdsong of the 104th and Barnett of the 10th:
A bill to amend Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or es corting funeral processions, so as to delete the provisions of said Code section; to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to provide for immunity of liability for law enforce ment officers directing or escorting funeral processions.
HB 1309. By Representatives Connell of the 87th, Murphy of the 18th, McDonald of the 12th and others:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to change provisions relating to meetings of the committee; to change provisions relating to approval of certain invoices by the committee.
HB 1335. By Representatives Godbee of the 110th, Walker of the 115th, Coleman of the 118th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including cer tain covenant agreements.
HB 1351. By Representatives Royal of the 144th, Chambless of the 133rd, Dover of the llth and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that employers of farm laborers may elect to provide coverage for in dividuals employed as farm laborers; to provide for notices to be filed with the State Board of Workers' Compensation; to authorize the State Board of Workers' Compensation to provide the manner and form of such notices.
HB 1389. By Representatives Jackson of the 9th and Barnett of the 10th:
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 provi sions relating to the composition and appointment of members of the State Board of Registration of Used Car Dealers.
HB 1417. By Representatives Kilgore of the 42nd, Godbee of the 110th and Birdsong of the 104th:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the num-

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her of days for which per diem is allowed for members of the State Transporta tion Board.
HB 1444. By Representatives Crosby of the 150th, Coleman of the 118th and Royal of the 144th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales tax and use tax, so as to require the keeping of certain records of projects; to require certain schedules to be included in annual audits; to provide for verification and testing; to require the keeping of certain records pertaining to certain contracts or agreements.
HB 1459. By Representatives Pettit of the 19th, Mobley of the 64th, Thomas of the 69th and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to change the provisions relating to the definition of certain terms; to provide for the designation and additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sales of certain low priced designated securities; to provide for additional training for certain designated salesmen.
HB 1564. By Representatives Davis of the 29th, Clark of the 55th, Randall of the 101st and others:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to employ security personnel, to be known as housing authority police.
HB 1570. By Representative Redding of the 50th:
A bill to amend Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or struc tures, so as to provide that a hearing relating to a dwelling, building, or structure alleged to be unfit for habitation shall be held in the municipality when the prop erty in question is located within a municipality.
HB 1595. By Representatives Jackson of the 9th, Barnett of the 10th and Kilgore of the 42nd:
A bill to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and em ployees, so as to allow state departments to reimburse employees for the pay ment of application fees for commercial drivers' licenses.
HR 582. By Representatives Isakson of the 21st, Campbell of the 23rd, Felton of the 22nd and others:
A resolution designating the Luther S. Colbert Memorial Bridge.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker Barnes

Bowen Brannon Broun Burton Clay

Coleman Collins Dawkins Dean Echols

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Edge Egan English Engram Fincher Foster Fuller Garner 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 Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not answering were Senators Deal and Land.

Lieutenant Governor Miller introduced the chaplain of the day, Dr. Donald A. Harp, Jr., pastor of Peachtree Road United Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 431. By Senators Johnson of the 47th and Broun of the 46th: A resolution commending Nicky Goetz.

SR 434. By Senator Barker of the 18th: A resolution commending and recognizing Mrs. Eleanor Granum.

SR 435. By Senator Kennedy of the 4th:
A resolution commending Mr. Matthew G. Moffett and the Emory School of Law National Moot Court Team.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Monday, February 12, 1990
TWENTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*HB 1329

English, 21st Burke County
Provides for the compensation and expense allowance of the members of the board of education of Burke County. (AMENDMENT)

*HB 1575

Baldwin, 29th Land, 16th Meriwether and Talbot Counties City of Manchester
Provides that those members of the board of commissioners elected at the general election in November, 1988 shall serve until December 31, 1991. (SUBSTITUTE)

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*HB 1714

Huggins, 53rd Chattooga County
Changes the method of filling vacancies in the membership of the Chattooga County Hospital Authority. (SUBSTITUTE)

HB 1718 Hammill, 3rd Mclntosh County
Provides that the current school superintendent shall serve out the term of office to which he was elected.

The amendment and substitutes to the following bills were put upon their adoption:

*HB 1329:

The Senate Committee on Urban and County Affairs offered the following amendment to HB 1329:

Amend HB 1329 by striking from line 14 of page 1 the following: "$200.00", and inserting in lieu thereof the following: "$250.00". By striking from lines 21 through 23 on page 1 the following: "; provided, however, that such expenses must be vouchered and shall not exceed $100.00 per day exclusive of mileage expenses."

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

*HB 1575:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1575:

A BILL
To be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4757), so as to provide for a municipal election in December, 1990; to provide for terms of office for officers elected at such election; to provide for municipal elections in November, 1991, and in succeeding years; to provide for terms of office for of ficers elected at such elections; 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 incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4757), is amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) A municipal election shall be held on the first Tuesday in December, 1990, for the election of the four members from the districts described in Section 2 of this Act and the member elected at large. The five members so elected shall take office on Janu ary 1 following their election for terms of one year and until their successors are elected and qualified.

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(b) On the Tuesday next following the first Monday in November, 1991, and biennially thereafter, there shall be elected the four members from the districts described in Section 2 of this Act and the member elected at large. The five members so elected shall take office on January 1 following their election for terms of two years and until their successors are elected and qualified.
(c) In the event that a member moves his residence from the district the member repre sents, that position on the board of commissioners shall immediately become vacant. Vacan cies on the commission created by death, by resignation, or otherwise shall be filled by a special election held in accordance with the requirements of Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.' "
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 48, nays 0, and the substitute was adopted.
*HB 1714:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1714:
A BILL
To be entitled an Act to amend an Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, approved March 25, 1986 (Ga. L. 1986, p. 4135), so as to change the method of filling such vacancies; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, approved March 25, 1986 (Ga. L. 1986, p. 4135), is amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The governing authority of Chattooga County shall appoint three mem bers of the Chattooga County Hospital Authority and the grand jury of Chattooga County shall appoint the remaining four members. No term of office of any member of the authority shall be shortened and the distribution of appointments between the county governing au thority and the county grand jury shall be phased in, as provided in this Act, as regular terms of office expire on June 30 of any year.
(b) For the purpose of distributions of appointments as provided in subsection (a) of this section, the positions on the authority shall be designated positions 1 through 7. The county grand jury shall appoint members for the four odd-numbered positions and the county governing authority shall appoint members for the three even-numbered positions. The first vacancy which occurs after June 30, 1990, shall be for position 2 and the next vacancy shall be for position 3. Thereafter, vacancies shall alternate in numbered sequence as they occur between even and odd-numbered positions so that the appointing authority shall alternate between the county governing authority and the county grand jury for every other vacancy.
(c) (1) Appointments by the county grand jury shall be filled by a person selected by the grand jury for the August term next preceding the occurrence of the vacancy. The county grand jury shall make appointments from nominees selected as follows:
(A) The Chattooga County Hospital Authority shall select three candidates for each such vacancy;

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(B) The chairman of the hospital authority shall furnish the names of the three nomi nees to the foreman of the grand jury; and
(C) The grand jury shall then select the person to fill the vacancy from among the names submitted to the grand jury.
(2) If the grand jury rejects all three nominees submitted under paragraph (1) of this subsection, the same process shall be followed for an additional three nominees, and the grand jury shall be required to fill the vacancy from the two lists of nominees.
(d) In the event the county grand jury, for any reason, fails to fill a vacancy as provided in subsection (c) of this section, the next succeeding grand jury shall fill the vacancy under the same procedures provided for in said subsection (c) of this section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Egan

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Coleman Edge Johnson

Kidd Land Scott of 2nd

Starr Timmons

On the passage of all the local bills, the yeas were 48, nays 0.

HB 1718, having received the requisite constitutional majority, was passed.

HB 1329, having received the requisite constitutional majority, was passed as amended.

HB 1575 and 1714, having received the requisite constitutional majority, were passed by substitute.

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The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:

Secretary of State Elections Division
110 State Capitol Atlanta, Georgia
30334

February 9, 1990

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 1990 Regular Session as of 3:00 p.m. on February 9, 1990. The list is numbered 1027 through 1049.

Most sincerely,

Received by /s/ Hamilton McWhorter, Jr.

/s/ Max Cleland Secretary of State

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 1027 through 1049, who have registered in the Docket of Legislative Appearance as of February 9, 1990, 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 9th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

/s/ Max Cleland Secretary of State

1027 Jeffrey Lee Williams 2400 Pleasant Hill Road D(4u0l4u)th4,76G-9e6o2rg5ia 30136

1029 John N. Booth 104 St Andrews t- Simons Island, Georgi.a 31522

Citizens Lobby for Kids R.L. Morton Elementary Parent Teacher Association Georgia Credit Union Associates,
I nc -
1028 Joan 0. King 20/20 Vision Sautee, Georgia 30571 (404) 878-3459
Citizen 20/20 Vision

(912) 638-1040 Bell South Mobility
1030 Gloria Leonard 279 Logan Street, S.E. Atlant G ia 30312
<404> 688-1256 CWA-Communications Workers of America

MONDAY, FEBRUARY 12, 1990

1031

1031 Ann W. Rose 1104 Wedgewood Way Dunwoody, Georgia 30350 (404) 993-0772 Hill, Rose & Farmer, Inc.
1032 Mike Egan 1400 Peachtree Place 999 Peachtree Road Atlanta, Georgia 30319 (404) 870-6360 Citizen Hurt, Richardson, Garner Todd & Cadenhead
1033 Michelle S. Budd One CNN Center Suite 520, South Tower Atlanta, Georgia 30303 (404) 525-7620 Citizen
1034 Judith Shanholtz 20 13th Street, N.E. Atlanta, Georgia 30309 (404) 874-8581 Citizen
1035 Belinda Parrish 2811 Dug Gap Road Dalton, Georgia 30720 (404) 277-1283 Georgia State Parent-Teacher Association
1036 Alden Dye 1575 Northside Drive, N.W. Suite 190, Bldg. 100 Atlanta, Georgia 30318 (404) 350-0778 Coalition for Preventive Health Services for Women
1037 Elissa R. Abrams 300 Boulevard, N.E. Atlanta, Georgia 30312 (404) 653-4828 Coalition for Preventive Health Services for Women
1038 Jeffrey Monforti 1851 Ram Runway Suite 104 College Park, Georgia 30307 (404) 761-3150 Association for Retarded Citizens

1039 Lauren Azoulai 100 Edgewood Avenue Atlanta, Georgia 30303 (404) 527-7288 United Way of Metropolitan Atlanta United Ways of Georgia
1040 Stanley Samuels 54 Finch Trail N.E. Atlanta, Georgia 30308 (404) 872-5513 Unity Contractors Monroe Contractors Association Check Cashing Companies Citizen
1041 Patricia Faye Ingram LL 709 IAMAW Marietta, Georgia 30066 (404) 494-6687 IAMAW LL 709--Georgia State Council Machinists
1042 Brenda L. Norton The Omni Hotel-CNN Center Atlanta, Georgia 30335 (404) 659-0000 Georgia Coalition for Preventive Health Services for Women
1043 Kenneth C. Sistrunk 4905 Hill Road Albany, Georgia 31705 (912) 883-7165 Georgia State Council of Machinists
1044 Dr. Carlton Deese 200 Valley Hill Road Riverdale, Georgia 30274 (404) 478-2667 Georgia Chiropractic Association (G.C.A.)
1045 Dr. Kelly M. Reed, Jr. 2958 Rainbow Dr., Ste. 105 Decatur, Georgia 30034 (404) 243-0150 Georgia Chiropractic Association, Inc.
1046 Deborah Herrin, R.D.H. 3574 Habersham at Northlake Tucker, Georgia 30084 (404) 934-2337 Chairperson, Leg. & Ethics-Atlanta Dental Hygienist Society

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1047 Ogden Doremus P.O. Box 296 Metter, Georgia 30439 (404) 685-5763 Insurance Law Section--State Bar
1048 Betty Sloop 3242 Betty Circle Decatur, Georgia 30032 (404) 986-3330 Georgia Supporters for the Gifted Georgia Association of Colleges for Teacher Education

1049 Herbert Alexander 3300 Pepper Tree Decatur, Georgia 30034 (404) 244-8303 Citizen

SENATE RULES CALENDAR
Monday, February 12, 1990
TWENTY-FIFTH LEGISLATIVE DAY
SR 394 Handling Used Oil for Recycling--urge Congress support liability limitation (Nat R--20th)
SR 395 Senate Music Industry Committee--create (Rules--31st)
SR 408 Senate Study Committee on Noncertificated School Personnel--create (Amend ment) (Rules--38th)
HB 876 General Assembly--automatically adjourn Fridays, reconvene Mondays (Substi tute) (Amendment) (Rules--22nd)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 678 Handicap Access to Public Facilities--certain multifamily dwellings (Gov Op--3rd)
SB 421 Certain Felony Cases--District Attorney may prefer accusations (Amendment) (S Judy--48th)
SB 612 Inmate HIV Infected--record accompany when transferred (Substitute) (Corr--17th)
SB 629 School Buses--transporting students to recreation activities (Ed--38th)
SB 665 Dimension Lumber--standards for grading (Ag--21st)
SB 668 Professional Counselors--license requirements and reciprocity (Substitute) (Hum R--42nd)
SB 679 Adoption of Certain Children--amount of Department of Human Resources fi nancial assistance (C&Y--25th)
SB 691 Person with Two or More Warehouses in Adjoining Counties--one license (Ag--21st)
SR 285 Investigative Grand Juries--jurisdiction certain drug cases (S Judy--9th)
SR 329 City/County--not bound by general law to spend funds (Substitute) (Gov Op--30th)
HB 1313 Public Telecommunications Commission--create (H Ed--46th)
HB 1214 Uniform Reciprocal Enforcement of Support Act--attorney representation (Judy--37th)

MONDAY, FEBRUARY 12, 1990

1033

HB 1470 "The Reach of Song"--official state historic drama (Gov Op--50th) HB 1232 Special License Plates--veteran with Purple Heart (D&VA--15th)
Respectfully submitted, Is/ Nathan Dean of the 31st, Chairman
Senate Rules Committee

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 394. By Senator Gillis of the 20th:
A resolution urging the Georgia Congressional Delegation to support a limitation of liability of persons handling used oil and other products destined for recycling that may, through no fault of their own, result in environmental degradation.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bwen Brannon BCoulrltionns Deal
Dean
Echols Egan
English Engram

Foster Fuller Garner Gillis Hammill Harm Howard HKuengngiendsy Kidd
Land
Langford McKenzie
Olmstead Parker

Peevy Perry Phillips Pollard Ragan of loth R of 32nd R Sc co.t.t of- 2,,nd, Scott of 36th
Tate
Taylor Turner
Tysinger Walker

Those not voting were Senators:

Broun Clay
Coleman Dawkins

Edge Fincher
Johnson Newbill

Shumake Starr
Stumbaugh Timmons

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 76. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a certain judge of the superior

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court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge.

The House substitute to SB 76 was as follows:

A BILL
To be entitled an Act to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge and to remain a member of the retirement system during such additional term of office; to provide for other matters relative thereto; to pro vide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Any other provisions of this or any other law to the contrary notwithstanding, any judge of the superior court who was a member of the system during a term of office which ended on December 31, 1988, who became 75 years of age during such term of office who was reelected to office at the nonpartisan election held on the date of the 1988 general election, and who had less than ten years of creditable service on December 31, 1988, shall have the right to retain membership in the system without forfeiting any rights under such system until obtaining ten years of creditable service or, at the option of the judge, until completing the term of office to which the judge was elected in 1988."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following Certification, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400

STATE AUDITOR'S CERTIFICATION

TO:

The Honorable Albert Scott

State Senator

FROM:

G. W. Hogan, State Auditor

DATE:

February 6, 1990

SUBJECT: Senate Bill 76 (Substitute) (LC 7 7674S) Superior Court Judges Retirement System

This bill would allow a Superior Court Judge whose term ended December 31, 1988 (who had less than 10 years of creditable service and who was 75 years of age or older) to continue to serve as a superior court judge and retain membership in the Superior Court Judges Retirement System if reelected. Such a judge could continue to serve and earn cred-

MONDAY, FEBRUARY 12, 1990

1035

itable service until obtaining the 10 years required to vest in the retirement system or until completing the term of office to which the judge was elected in 1988.
This is to certify that the change made in this substitute bill (indicating the new section should be added instead of amending the old section) is non-fiscal as defined in the Public Retirement Systems Standards Law. The actuarial investigation for Senate Bill 76 (LC 7 7057) would also apply to this substitute Senate Bill 76 (LC 7 7674S).
/s/G. W. Hogan State Auditor

Senator Scott of the 2nd moved that the Senate agree to the House substitute to SB 76.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon B roun
^C,luaryton CCoollleimnsan Dawkins Deal Dean Echols Egan English

Engram Fincher Foster Fuller Gillis Hammill
tHoonwa*rd. JHouhgngsionns Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips Pollard R of 10th
R,,ag6an of 32nd Sc*o*tt of 36th btumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Barker Bowen Edge

Garner McKenzie Scott of 2nd

Shumake Starr Timmons

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 76.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 349. By Senator Fuller of the 52nd:
A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County, so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date.

The House substitute to SB 349 was as follows:

A BILL
To be entitled an Act to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County, approved April 12, 1982 (Ga. L. 1982, p. 4190), so as to to

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change the manner of electing such judge; to provide for a full-time judge; to limit the prac tice of law by that judge; to change the compensation of the judge and the method for establishing the compensation; to change the qualifications for that office; to establish an advisory commission and provide for its membership and duties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of the judge of the Juvenile Court of Floyd County, approved April 12, 1982 (Ga. L. 1982, p. 4190), is amended by striking Sections 1 through 4 thereof and inserting in their place the following:
"Section 1. (a) The judge of the Juvenile Court of Floyd County who is serving as a part-time judge shall, upon the effective date of this Act, begin to serve as a full-time judge until the expiration of the term to which that judge was elected, which term shall expire December 31, 1990, and until the election and qualification of a successor. That successor and all future successors to such judge whose term of office is to expire shall be elected by the qualified electors of Floyd County at the November general election immediately pre ceding the expiration of such term and shall take office the first day of January immediately following that election and serve for a term of four years and until the election and qualifi cation of a successor.
(b) Beginning in 1990, the judge of the Juvenile Court of Floyd County shall be nomi nated and elected at nonpartisan primaries and elections held in 1990 and every four years thereafter, which nonpartisan primaries and elections shall be held on the same dates in those years as the general primaries and general elections, respectively, are held. Each such judge shall be nominated and elected at those nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts who are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Section 2. Each judge of the Juvenile Court of Floyd County who is elected to that office after 1989, or appointed to fill a vacancy therein, shall serve as a full-time judge. The judge of the Juvenile Court of Floyd County is prohibited from practicing law in his own name, in the name of another, as a partner, or in any manner in any cause, proceeding, or matter of any kind in his own court or in any other court. The judge shall not give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge. Violation of this section shall be grounds for removal of the judge upon the vote of a majority of the superior court judges of the Rome Judicial Circuit.
Section 3. After this Act becomes effective, the judge of the Juvenile Court of Floyd County shall receive compensation for serving as judge in the amount established by the Board of Commissioners of Floyd County, which amount shall be paid from the funds of that county.
Section 4. No person shall be eligible to serve as judge of the Juvenile Court of Floyd County unless that person is at least 30 years of age, a citizen of this state, a member of the State Bar of Georgia, and either has practiced law in this state for at least five years or has worked in juvenile justice administration for at least five years.
Section 4.1. There is established a Commission for the Study of Methods for Selecting a Juvenile Court Judge. This commission shall be charged with the tasks of reviewing and evaluating current and proposed methods of selecting a juvenile court judge; resolving the legal questions regarding what steps are necessary to change the method of selecting the juvenile court judge; and recommending to the legislative delegation a plan of action regard ing the process by which such a change in the selection procedure would be implemented. The commission shall submit a report with its recommendations for a method of selecting

MONDAY, FEBRUARY 12, 1990

1037

the judge of the Juvenile Court of Floyd County. The commission shall be comprised of seven members to be appointed in the following manner:
(1) One member appointed by the juvenile court judge then in office;
(2) Three members appointed by the legislative delegation of Floyd County; and
(3) Three members appointed by the judges of the Superior Court of the Rome Judicial Circuit."
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 Fuller of the 52nd moved that the Senate agree to the House substitute to SB 349 as amended by the following amendment:

Amend the House substitute to SB 349 by adding after "shall be" on line 5 of page 3 the following:
"no less than $40,500.00 and shall be".

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barnes Bowen ^ roun Burton
rCo,l,e.man
Echols Edge Egan English Engram Fincher

Foster Fuller Gillis
Hammill Harris Howard
J"ohnfsionns Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry
Phillips Pollard Ragan of 10th
^ Rayan f 32nd Scott of 36th Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Baldwin Barker Brannon Dawkins

Deal Garner Scott of 2nd

Shumake Starr Timmons

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 349 as amended by the Senate.

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The following resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:

SR 395. By Senators Dean of the 31st, Kennedy of the 4th, Olmstead of the 26th and English of the 21st:
A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Collins Deal Dean Echols Egan English Engram

Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Bowen Coleman Dawkins Edge

Fuller Newbill Phillips

Ray Shumake Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 408. By Senator Tate of the 38th:
A resolution creating the Senate Study Committee on Noncertificated School Personnel.

Senators Phillips of the 9th and Collins of the 17th offered the following amendment:

Amend SR 408 by inserting immediately after the word and symbol "committee." on line 24 of page 1 the following:
"At a minimum, one member of the committee shall be a member of the Democratic Party and one member of the committee shall be a member of the Republican Party."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

MONDAY, FEBRUARY 12, 1990

1039

Those voting in the affirmative were Senators:

Albert Broun Burton Clay
Collins

Edge Egan Land Langford
Newbill

Perry

philli

_

, ,,,, .

RaSan of 32nd

Stumbaugh

Those voting in the negative were Senators:

Allgood Baldwin Barnes Brannon
n Echols Engram Fincher Foster Fuller

Garner Gillis Hammill Harris
Huggins Kennedy K*d McKenzie Olmstead Parker Peevy

Pollard Ragan of 10th Ray Scott of 2nd
Scott of 36th Starr Tate Taylor Timmons Turner Walker

Those not voting were Senators:

Barker Bowen Dawkins

English Howard Johnson

Shumake Tysinger

On the adoption of the amendment, the yeas were 14, nays 34, and the amendment was lost.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Barnes Brannon roun
urton pLC/joojl*lleinmsa,,n Dawkins j}eai Dean Echols Edge Egan English Engram

Foster Fuller Garner
Gillis Hammill Harris
Howard HTK.uegngniends.y Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SSm choutmt iaokfe36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

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Those not voting were Senators:

Barker Bowen

Fincher

Johnson

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following general bill of the House, having been read the third time on January 8, 1990, and committed to the Senate Committee on Rules, favorably reported by the commit tee, postponed on February 6 until February 8, and final action suspended on February 9, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was con tinued upon its passage:

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.
Senate Sponsor: Senator Allgood of the 22nd.

The substitute to HB 876 offered by the Senate Committee on Rules on February 9 and adopted as amended by the amendment offered by Senator Allgood of the 22nd as amended by the amendment offered by Senator Parker of the 15th on February 9, as they appear in the Journal of February 9, was automatically reconsidered and put upon its adoption.

Senators Deal of the 49th and Allgood of the 22nd offered the following amendment:

Amend the substitute to HB 876 offered by the Senate Committee on Rules by adding on line 13 page 1 after the semicolon the following:
"to provide for expense allowances for members of certain boards and commissions and certain local officials;",
and by renumbering Sections 4 and 5 as Sections 5 and 6, respectively, and inserting a new Section 4 to read as follows:
"Section 4. Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance for members of certain boards and commissions, is amended by adding before the existing paragraph the prefix of '(a)' and by adding the following sentence after the first sentence of the existing paragraph: 'For purposes of this section, the expense allow ance for a member of the General Assembly shall be considered to be the amount that would be paid to a member of the General Assembly who resides in the same location as the member of the board or commission who is entitled to reimbursement or per diem allowance.'"
and by adding the following subsection under Code Section 45-7-21 of the Official Code of Georgia Annotated:
"(b) For purposes of any local legislation establishing per diem allowances or other re muneration for local officials based on expense allowances or per diem entitlements received by a member of the General Assembly, the per diem allowance shall be $59.00 per day."
and by striking lines 13-22 of page 3 and inserting in lieu thereof the words "extraordinary session."
and by striking the word "session" on line 23, page 3.

MONDAY, FEBRUARY 12, 1990

1041

On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin
Bowen Broun
*
Coeman Dawkins Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis
Harris Huggins Kennedy Land Langford

McKenzie Parker Perry Phillips Ragan of 10th Ragan of 32nd
Scott of 2nd Shumake Tate Turner Tysinger

Those voting in the negative were Senators:

Barker Barnes
p, Egan Howard

Kidd Newbill
Olmstead Peevy Pollard

Scott of 36th Starr
Stumbaugh Taylor Walker

Those not voting were Senators:

Brannon

Johnson

Timmons

On the passage of the bill, the yeas were 37, nays 16.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Tysinger of the 41st introduced the doctor of the day, Dr. Robert "Bob" Wil liams, of Dunwoody, Georgia.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 678. By Senator Kidd of the 25th:
A bill to amend Code Section 30-3-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to handicap access to public facilities, so as to provide that the provisions of Chapter 3 of Title 30, relating to handicap access to public facilities, shall apply to certain multifamily dwellings constructed for first occupancy after March 13, 1991.

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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:

Baldwin Bowen Broun Burton Clay Coleman Dawkins Dean Echols Edge Egan English Engram Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie

Olmstead Parker Peevy Perry Ragan of 10th Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Albert Barker Barnes

Collins Phillips Pollard

Ragan of 32nd Ray

Those not voting were Senators:

Allgood Brannon

Deal Newbill

Starr Timmons

On the passage of the bill, the yeas were 42, nays 8.

The bill, having received the requisite constitutional majority, was passed.

Senator Kidd of the 25th moved that SB 678 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 678 was immedi ately transmitted to the House.

The following general bill of the Senate, having been read the third time on January 12 and committed to the Senate Committee on Special Judiciary, and favorably reported by the committee, was put upon its passage:

SB 421. By Senator Peevy of the 48th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that in all felony cases in which the maximum prison sentence imposed is ten years or less, in other felony cases where the maximum sentence is greater than ten years, except capital felo nies, and in which defendants have been bound over to the superior court, are confined in jail, or released on bond the district attorney shall have the authority to prefer accusations.

The Senate Committee on Special Judiciary offered the following amendment:

MONDAY, FEBRUARY 12, 1990

1043

Amend SB 421 by inserting on line 9 of page 1 after the word and symbol "accusa tions;" the following:
"to provide for exceptions;".
By inserting on line 24 of page 1 immediately after the word "accusations" the following:
"; provided, however, this subsection shall not apply to the offenses described in Code Sections 16-10-70, 16-10-71, and 16-10-72".
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

Senator Peevy of the 48th offered the following amendment:

Amend SB 421 by inserting on page 2, line 14 after the word "judge" the following: "the District Attorney,".

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Egan

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Turner Tysinger Walker

Those voting in the negative were Senators:

Edge

Parker

Taylor

Those not voting were Senators:

Bowen Brannon English

Huggins Langford Shumake

Starr Timmons

On the passage of the bill, the yeas were 45, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

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The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 612. By Senators Collins of the 17th, Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that a copy of the medical records of any inmate who is being transferred from a state to a county correctional facility and who has been determined to have an infectious disease or to be HIV infected shall be transferred with such inmate.

The Senate Committee on Corrections offered the following substitute to SB 612:

A BILL
To be entitled an Act to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that notice shall be given to the officer in charge of a county jail or his designee concerning any inmate who is being transferred from a state or county correctional institution and who has been determined to have an infectious disease or to be HIV infected; to provide that notice shall be given to the Department of Correc tions concerning any inmate who is placed into the custody of such department and who has been determined to have an infectious disease or to be HIV infected; to provide for confi dentiality of such information; 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 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, is amended by adding at the end thereof a new Code Section 42-5-20 to read as follows:
"42-5-20. Notice shall be given to the officer in charge of a county jail, or his designee, of any inmate who is being transferred from a state or county correctional institution who has been determined to be an HIV infected person or to have any disease listed in Code Section 31-17-1 or any other infectious disease. Likewise, a county jail shall notify the De partment of Corrections of any person placed into the custody of said department with any of those diseases noted above. The receiving facility shall keep such notice confidential in accordance with applicable laws and regulations."
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 Broun Burton

Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Engram Fincher Foster Fuller Garner Gillis

MONDAY, FEBRUARY 12, 1990

1045

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 Stumbaugh Tate ~, ^aylOT Timmons
Turner Tysinger
Walker

Those not voting were Senators:

Brannon

McKenzie

Starr

On the passage of the bill, the yeas were 53, 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.

SB 629. By Senators Tate of the 38th, Langford of the 35th, Scott of the 36th and others:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational activities if school sys tems are reimbursed in full from sources other than public school funds.

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
ColLan Collins Dawkins Deal Dean Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill Harris
2Sns Johnson Kidd Land Langford Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of I0th Ragan of 32nd j^
%<*** Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun

Egan Garner Kennedy (presiding)

McKenzie Scott of 36th Starr

1046

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 665. By Senator English of the 21st:
A bill to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products, so as to provide for standards with re spect to the grading of dimension lumber; to require persons, firms, or corpora tions engaged in the business of grading dimension lumber to be licensed by a certain federal authority; to define a certain term.

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 Dawkins Deal Dean Echols Edge

Egan English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill

Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Fuller Kennedy (presiding)

Langford Scott of 2nd Scott of 36th

Shumake Starr

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 679. By Senator Kidd of the 25th:
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 with re spect to children and youth services, so as to change the amount of financial assistance which may be granted with respect to the legal adoption of certain hard-to-place children.

Senator Kidd of the 25th moved that SB 679 be postponed until Wednesday, February 14.

MONDAY, FEBRUARY 12, 1990

1047

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 679 was post poned until Wednesday, February 14.
SB 691. By Senator English of the 21st:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the requirement of annual licenses for the operation of warehouses under the "Georgia State Warehouse Act," so as to provide that only one license shall be required for the operation of warehouses by warehousemen who operate two or more warehouses in adjoining counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Olmstead Parker Peevy

Those not voting were Senators:

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Barker Bowen Coleman

Kennedy (presiding) Langford

Newbill Starr

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Dean of the 31st introduced Jerry Glanville, new head coach of the Atlanta Falcons Football Team, who, having been commended by SR 424 adopted previously, briefly addressed the Senate.

1048

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 285. By Senators Phillips of the 9th, Collins of the 17th, Newbill of the 56th and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for special investigative grand juries which shall have jurisdiction in spe cial districts in cases involving violations of criminal law relating to controlled substances or other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special investigative grand juries; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VI, Section I of the Constitution is amended by adding immediately following Paragraph IX a new Paragraph X to read as follows:

"Paragraph X. Special investigative grand juries. The General Assembly is authorized to provide by law for special investigative grand juries which shall have jurisdiction in spe cial districts and shall not be limited to a single county. The special districts created shall be concurrent with the jurisdictional boundaries for the United States District Courts for Georgia. Such special investigative grand juries shall have the authority to investigate and indict persons, public or private corporations, associations, partnerships, or other entities for any violation of criminal law relating to controlled substances or other illegal drugs. The General Assembly is authorized to provide for all matters relative to the procedures, qualifi cations, and powers of such special investigative grand juries including the power to issue subpoenas."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for special investigative grand juries which shall have jurisdiction in special districts in cases involving violations of criminal law relating to controlled substances or other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special investigative grand juries?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

MONDAY, FEBRUARY 12, 1990

1049

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Brannon Broun Burton Clay Coleman Collins Dawkins Deal

Edge Egan Engram Fincher Foster Fuller Garner Howard Huggins Johnson

Land Newbill Peevy Perry Phillips Ragan of 32nd Starr Stumbaugh Turner Tysinger

Those voting in the negative were Senators:

Bowen Echols English Gillis Hammill Harris

McKenzie Olmstead Parker Pollard Ragan of 10th Ray

Scott of 2nd Scott of 36th Tate Taylor Timmons

Those not voting were Senators:

Barker Barnes Dean

Kennedy (presiding) Kidd Langford

Shumake Walker

On the adoption of the resolution, the yeas were 31, nays 17.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Phillips of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 285.

The following general resolution of the Senate, having been withdrawn from the Senate Committee on Urban and County Affairs (General) on February 7 and committed to the Senate Committee on Governmental Operations, and favorably reported by the committee, was read the third time and put upon its adoption:

SR 329. By Senators Garner of the 30th, Harris of the 27th, Timmons of the llth and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no county or munici pality shall be bound by any general law requiring such county or municipality to spend

1050

JOURNAL OF THE SENATE

funds or to take an action requiring the expenditure of funds except under certain condi tions; to provide that except under certain conditions the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties and municipalities have to raise revenues; to provide exceptions; to authorize the enactment of laws for implementation and enforcement; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by ad ding at the end thereof a new subparagraph (f) to read as follows:

"(f) (1) No county or municipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that such law fulfills an important state interest and unless funds have been appropriated that have been estimated at the time of enactment to be sufficient to fund such expenditure; the General Assembly authorizes or has authorized a county or municipality to enact a funding source not available for such county or municipality on January 1, 1991, that can be used to generate the amount of funds esti mated to be sufficient to fund such expenditure by a simple majority vote of the governing body of such county or municipality; the law requiring such expenditure is approved by twothirds of the membership in each house of the General Assembly; the expenditure is re quired to comply with a law that applies to all persons similarly situated, including the state and local governments; or the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement, which federal requirement specifically con templates actions by counties or municipalities for compliance.

(2) Except upon approval by two-thirds of the membership in each house of the Gen eral Assembly, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that municipalities or coun ties have to raise revenues in the aggregate, as such authority exists on January 1, 1991.

(3) Laws adopted to require funding of pension benefits existing on January 1, 1991, criminal laws, election laws, the general appropriations Act, special appropriations Acts, laws reauthorizing but not expanding then-existing statutory authority, laws having insignif icant fiscal impact, and laws creating, modifying, or repealing noncriminal infractions are exempt from the requirements of this subparagraph.

(4) The General Assembly may enact laws to assist in the implementation and enforce ment of this subparagraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that no county or mu nicipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expenditure of funds except when adequate funds are available, the expenditure is neces sary to comply with certain laws, or the General Assembly has specifically indicated the importance of such general law?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

MONDAY, FEBRUARY 12, 1990

1051

The Senate Committee on Governmental Operations offered the following substitute to SR 329:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that no county or munici pality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expenditure of funds except under certain condi tions; to provide that except under certain conditions the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties and municipalities have to raise revenues; to provide exceptions; to authorize the enactment of laws for implementation and enforcement; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by ad ding at the end thereof a new subparagraph (f) to read as follows:

"(f) (1) No county or municipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that such law fulfills an important state interest and unless funds have been appropriated that have been estimated at the time of enactment to be sufficient to fund such expenditure; the General Assembly authorizes or has authorized a county or municipality to enact a funding source not available for such county or municipality on January 1, 1991, that can be used to generate the amount of funds esti mated to be sufficient to fund such expenditure by a simple majority vote of the governing body of such county or municipality; the law requiring such expenditure is approved by twothirds of the membership in each house of the General Assembly; the expenditure is re quired to comply with a law that applies to all persons similarly situated, including the state and local governments; or the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement, which federal requirement specifically con templates actions by counties or municipalities for compliance.

(2) Except upon approval by two-thirds of the membership in each house of the Gen eral Assembly, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that municipalities or coun ties have to raise revenues in the aggregate, as such authority exists on January 1, 1991.

(3) Laws adopted to require funding of pension benefits existing on January 1, 1991, criminal laws, election laws, the general appropriations Act, special appropriations Acts, laws reauthorizing but not expanding then-existing statutory authority, or laws requiring an expenditure of less than $100,000.00 of public funds by any local political subdivision cov ered with respect to the fiscal year in which any such law would become effective are exempt from the requirements of this subparagraph.

(4) The General Assembly may enact laws to assist in the implementation and enforce ment of this subparagraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that no county or mu nicipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expenditure of funds except when adequate funds are available, the expenditure is neces sary to comply with certain laws, or the General Assembly has specifically indicated the importance of such general law?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

1052

JOURNAL OF THE SENATE

""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Burton Clay Collins Dean Echols Edge

English Engram Fincher Garner Gillis Hammill Harris Howard Kidd Newbill Olmstead Parker

Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Brannon Broun Deal Egan Foster Fuller

Huggins Johnson Land McKenzie Peevy

Phillips Scott of 2nd Shumake Tate Tysinger

Those not voting were Senators:

Coleman Dawkins

Kennedy (presiding)

Langford

On the adoption of the resolution, the yeas were 36, nays 16.
The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Garner of the 30th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 329.

MONDAY, FEBRUARY 12, 1990

1053

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1313. By Representatives Smyre of the 92nd, Buck of the 95th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Public Telecommunications Commission as a body corporate and politic which shall be deemed to be a public corporation and an instrumentality of the State of Georgia.
Senate Sponsor: Senator Broun of the 46th.

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 Calvin Smyre

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

January 11, 1990

SUBJECT: HB 1313-LC 14 5397-EC Employees' Retirement System Teachers' Retirement System

This bill creates the Georgia Public Telecommunications Commission by statute which has been previously established by Executive Order of the Governor. The Commission would be deemed a public corporation and instrumentality of the State of Georgia with provisions in the bill to provide for the Commission's power, duties and responsibilities. Included is the transferring of existing employees' retirement benefits to the commission created by this bill and requiring future employees to be members of the Employees' Retire ment System. If enacted this bill would become effective July 1, 1990.

This is to certify that this is a nonfiscal retirement bill under the Public Retirement 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 Barnes Brannon Burton Clay Coleman Collins Deal

Dean Echols Egan English Engram Fincher Foster Fuller Garner Hammill

Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker Peevy

1054

JOURNAL OF THE SENATE

Perry Phillips Pollard Ragan of 32nd Ray

Scott of 2nd Scott of 36th Shumake Starr Stumbaugh

Tate Taylor Turner Tysinger

Those not voting were Senators:

Barker Bowen Broun Dawkins

Edge Gillis Harris Kennedy (presiding)

Langford Ragan of 10th Timmons 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 resumed the Chair.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19891990 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1989-1990.

The Conference Committee report on HB 1288 was as follows:
The Committee of Conference on HB 1288 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1288 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

Conference Committee substitute to HB 1288:
A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act", approved April 18, 1989 (Ga. L. 1989, p. 1492), so as to change certain appropriations for the State Fiscal Year 1989-1990; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1989-1990, as

MONDAY, FEBRUARY 12, 1990

1055

amended, known as the "General Appropriations Act" approved April 18, 1989 (Ga. L. 1989, p. 1492), is further amended by striking everything following the enacting clause through Section 78, and by substituting in lieu thereof the following:
"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, including unappropriated surplus, reserves and a revenue estimate of $7,407,000,000 for State Fiscal Year 1990.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch............................. Personal Services--Staff .......................... Personal Services--Elected Officials ........................ Regular Operating Expenses............................... Travel--Staff ........................................... Travel--Elected Officials................................. Motor Vehicle Purchases................................. Equipment ............................................. Computer Charges .................................. Real Estate Rentals ...................................... Telecommunications ............................. Per Diem, Fees and Contracts--Staff ...................... Per Diem, Fees and Contracts--Elected Officials ........... Photography ........................................... Expense Reimbursement Account ...................... Capital Outlay .......................................... Total Funds Budgeted.................................... State Funds Budgeted ....................................

$21,091,253 $10,455,026 . $3,409,540 . $1,994,900 . $112,200 ..... $7,000 . . . . $--0-- . . . $231,000 . . $369,000 .... $65,100 . . . $664,000 . . . $386,259 . $2,204,228 .... $65,000 . $1,128,000 .... $--0--
$21,091,253 $21,091,253

Senate Functional Budgets

Total Funds

Senate and Research Office

$ 4,016,686

Lt. Governor's Office

$

573,448

Secretary of the Senate's Office

$ 1,048,783

Total

$ 5,638,917

House Functional Budgets

Total Funds

House of Representatives and Research Office

$ 8,241,660

Speaker of the House's Office

$

421,458

Clerk of the House's Office

$ 1,108,338

Total

$ 9,771,456

Joint Functional Budgets

Total Funds

Legislative Counsel's Office

2,024,156

Legislative Fiscal Office

1,889,416

Legislative Budget Office

782,149

Ancillary Activities

985,159

State Funds

$ $4,016,686

$

573,448

$ 1,048,783

$ 5,638,917

State Funds

$ 8,241,660

$

421,458

$ 1,108,338

$ 9,771,456

State Funds

$ 2,024,156

$ 1,889,416

$

782,149

$

985,159

1056

JOURNAL OF THE SENATE

Total

$ 5,680,880 $ 5,680,880

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 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 equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. 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 Gov ernment, 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 ................................ $14,008,971 Operations Budget: Personal Services................................................ $11,915,717 Regular Operating Expenses......................................... $341,610 Travel ............................................................ $800,000 Motor Vehicle Purchases............................................. $11,000 Equipment ......................................................... $23,750 Per Diem, Fees and Contracts ........................................ $25,500 Real Estate Rentals ................................................ $517,628 Computer Charges ................................................. $323,209 Telecommunications ................................................. $50,557 Total Funds Budgeted ........................................... $14,008,971 State Funds Budgeted ........................................... $14,008,971
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,370,711

MONDAY, FEBRUARY 12, 1990
Section 4. Court of Appeals Budget Unit: Court of Appeals
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 ............ Total Funds Budgeted ........... State Funds Budgeted ...........
Section 6. Judicial Courts. Budget Unit: Juvenile Courts ......
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education
Institute's Operations .................................. Georgia Magistrate Courts Training Council .......... Total Funds Budgeted .............................. State Funds Budgeted ..............................
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 ........................ Total Funds Budgeted ......................... State Funds Budgeted .........................
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission . .
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council ........... Grants ....................................... Operations. ................................... Total Funds Budgeted......................... State Funds Budgeted .........................
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services .....................

1057
$5,189,527
$38,733,929 $37,015,391
. $682,864 . . $124,310 ... $84,266 . . $812,098 ... $15,000 $38,733,929 $38,733,929
$396,740
$588,136 . $437,000 $151,136 $588,136 $588,136
$1,821,781 . . $797,015
. . . $73,500 . . . $30,144
. . $26,000
. $20,000
. $10,000 . $231,132
. $633,990 $1,821,781 $1,821,781
. . $111,783
$999,635 . $950,000 . $49,635 $999,635 $999,635
$44,950,053

1058

JOURNAL OF THE SENATE

Administration and Services Budget: Personal Services................................................ $46,354,973 Regular Operating Expenses...................................... $10,204,206 Travel ............................................................. $349,800 Motor Vehicle Purchases............................................ $426,000 Equipment ...................................................... $2,121,406 Computer Charges ............................................... $9,258,781 Real Estate Rentals .............................................. $3,545,328 Telecommunications ................................................ $905,605 Per Diem, Fees and Contracts ..................................... $1,335,860 Rents and Maintenance Expense ................................. $16,169,500 Utilities ............................................................ $37,900
Payments to DOAS Fiscal Administration ................................................. $2,000,000
Direct Payments to Georgia Building Authority for Capital Outlay ................................................. $1,000,000
Direct Payments to Georgia Building Authority for Operations..................................................... $3,260,000
Telephone Billings .............................................. $36,494,172 Materials for Resale ............................................. $13,000,000 Public Safety Officers
Indemnity Fund ................................................. $608,800
Health Planning Review Board Operations........................................................ $40,000
Georgia Golf Hall of Fame Operations........................................................ $30,000
Authorities Liability Reserve Fund ..................................................... $--0--
Grants to Counties ............................................... $2,600,000 Grants to Municipalities .......................................... $4,200,000 Total Funds Budgeted .......................................... $153,942,331 State Funds Budgeted ........................................... $44,950,053

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

426,438 $

426,438

Departmental Administration

$ 6,704,384 $ 6,674,319

Treasury and Fiscal Administration

$ 17,274,352 $ 15,274,352

Central Supply Administration

$ 12,762,042 $

--0--

Procurement Administration

$ 2,948,953 $ 2,948,953

General Services Administration

$

681,221 $

--0--

Space Management Administration

$

566,888 $

566,888

Data Processing Services

$ 51,289,476 $ 13,209,103

Motor Vehicle Services

$ 4,018,049 $

-- 0--

Communication Services

$ 46,187,199 $ 5,850,000

Printing Services

$ 6,694,476 $

--0--

Surplus Property Services

$ 1,567,948 $

--0--

MONDAY, FEBRUARY 12, 1990

1059

Mail and Courier Services Risk Management Services Total

$>

949,833 $

$ 1,871,072 $

--0-- -- 0--

$ 153,942,331 $ 44,950,053

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--
. . $19,882,891 . . . $4,953,819
. . . $22,750 ..... $238,500 ..... $220,775 ...... $96,000 ...... $10,800 . . . . $138,600 ..... $164,800 . . . . . $260,000 . $8,166,638 . . . . . $190,000 ...... $--0--
..... $--0-- . . $34,345,573 ...... $--0--

Georgia Building Authority Functional Budgets

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

Total Funds

$ 1,950,197

$ 5,117,756

$ 5,101,654

$ 5,088,928

$

301,103

$ 4,723,888

$ 11,176,672

$

885,375

$

--0--

$ 34,345,573

State Funds

$

-- 0--

$;

-- 0--

$

-- 0--

$;

-- 0--

$i

-- 0--

$;

-- 0--

$;

-- 0--

$;

-- 0--

$i

-- 0--

$;

--0--

C. Budget Unit: Agency for the Removal of Hazardous Materials ....................
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 ......................... Utilities ............................... Total Funds Budgeted ..................

. . . $251,364
. $4,522,464 . $3,998,000
$1,504,800 . . . $271,900
$700,000 .... $--0-- .... $--0-- . . . . $20,200 . $800,000 .... $--0-- . . $--0-- $11,817,364

1060

JOURNAL OF THE SENATE

State Funds Budgeted .............

Section 12. Department of Agriculture. A. Budget Unit: Deparment of
Agriculture ...................... State Operations Budget:
Personal Services.................. Regular Operating Expenses ...... Travel ........................... Motor Vehicle Purchases........... Equipment ....................... Computer Charges ................ Real Estate Rentals ............... Telecommunications ............... Per Diem, Fees and Contracts ..... Market Bulletin Postage ........... Payments to Athens and Tifton
Veterinary Laboratories .......... Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ...................... Veterinary Fees ................... Indemnities....................... Bee Indemnities................... Advertising Contract .............. Payments to Georgia Agrirama Development Authority for Operations...................... Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ...... Capital Outlay .................... Contract-Federation of Southern Cooperatives .... Tick Control Program ............. Poultry Indemnities ............... Boll Weevil Eradication Program . . Total Funds Budgeted ............. State Funds Budgeted .............

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 4,847,061

Animal Industry

$ 7,285,607

Marketing

$ 1,874,792

General Field Forces

$ 3,720,308

Internal Administration

$ 4,649,788

Information and Education

$ 1,503,284

Fuel and Measures

$ 3,145,576

Consumer Protection Field Forces

$ 6,225,799

Meat Inspection

$ 4,105,667

Major Markets

$ 4,478,218

. $251,364
$38,206,183
$29,773,521 . $3,563,483 . . $876,524 . . . $500,842 . . . $270,000 . . $463,294 . . $851,763
$401,619 . . . $316,871 . $650,000
$2,335,105

$2,369,943 . . $547,000 . . . $91,000 . . $60,000 . . $205,000

$565,132

. . $370,000 .... $--0--
. . . . $60,000 ... $50,000 .... $--0-- . $3,000,000 $47,321,097 $38,206,183

State Funds $ 4,498,061 $ 6,911,607 $ 1,837,538 $ 3,720,308 $ 4,579,125 $ 1,503,284 $ 3,131,676

$ 4,736,357

$ 1,469,237

$

984,003

MONDAY, FEBRUARY 12, 1990

1061

Seed Technology Entomology and Pesticides Total

$

397,827 $

3,071

$ 5,087,170 $ 4,831,916

$ 47,321,097 $ 38,206,183

B. Budget Unit: Georgia Agrirama Development Authority .............................................. $--0--
Georgia Agrirama Development Authority Budget:
Personal Services................................................... $639,106 Regular Operating Expenses......................................... $154,104 Travel .............................................................. $4,650 Motor Vehicle Purchases.............................................. $1,000 Equipment .......................................................... $7,850 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $8,818 Per Diem, Fees and Contracts ....................................... $107,708 Capital Outlay ..................................................... $375,000 Goods for Resale .................................................... $94,300 Total Funds Budgeted ............................................ $1,392,536 State Funds Budgeted ............................................... $--0--

Section 13. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................................................. $6,118,359 Administration and Examination Budget: Personal Services................................................. $5,233,859 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 ............................................ $6,118,359 State Funds Budgeted ............................................ $6,118,359

Section 14. Department of Community Affairs. Budget Unit: Department of Community Affairs ........................................... $21,890,632 State Operations Budget: Personal Services................................................. $5,554,652 Regular Operating Expenses......................................... $289,911 Travel ............................................................ $192,755 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $27,410 Computer Charges ................................................. $219,155 Real Estate Rentals ................................................ $467,662 Telecommunications ................................................. $68,574 Per Diem, Fees and Contracts ....................................... $134,020 Capital Felony Expenses ............................................ $158,000 Contracts with Regional Development Commissions ...................................... $2,625,000 Local Assistance Grants .......................................... $4,787,402 Appalachian Regional Commission Assessment ...................................................... $120,759

1062

JOURNAL OF THE SENATE

Community Development Block Grants (Federal) .............................................. $30,000,000
Music Hall of Fame ................................................. $50,000 Grant - Herty Foundation ........................................ $4,200,000 Local Development Fund ......................................... $1,650,000 Payment to Georgia Residential
Finance Authority .............................................. $2,450,000 Payment to Georgia Environmental
Facilities Authority for Operations....................................................... $406,515 Total Funds Budgeted ........................................... $53,401,815 State Funds Budgeted ....................................... $21,890,632

Department of Community Affairs Functional Budgets

Office of the Commissioner Technical Assistance Financial Assistance Rural Development Coordinated Planning Total

Total Funds $ 1,037,153 $ 1,430,585 $ 48,373,369 $ 1,160,824 $ 1,399,884 $ 53,401,815

State Funds $ 1,014,653 $ 1,261,773 $ 17,218,209 $ 1,120,824 $ 1,275,173 $ 21,890,632

Section 15. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation ................................................ $493,159,515 Personal Services............................................... $269,539,283 Regular Operating Expenses...................................... $33,600,154 Travel .......................................................... $1,589,804 Motor Vehicle Purchases.......................................... $3,279,000 Equipment ...................................................... $8,171,294 Computer Charges ............................................... $1,613,000 Real Estate Rentals .............................................. $3,253,000 Telecommunications .............................................. $2,850,358 Per Diem, Fees and Contracts ..................................... $1,810,152 Capital Outlay ................................................. $118,499,450 Utilities ........................................................ $10,403,265 Court Costs........................................................ $380,000 County Subsidy ................................................. $12,454,000 County Subsidy for Jails .......................................... $9,625,000 County Workcamp Construction
Grants .......................................................... $525,000 Grants for Local Jails .............................................. $365,000 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 ............................................. $1,165,000 Health Services Purchases ....................................... $16,642,082 Payments to MAG for Health
Care Certification ................................................. $50,000

MONDAY, FEBRUARY 12, 1990

1063

University of GeorgiaCooperative Extension Service Contracts ................................................ $304,000
Minor Construction Fund ............................................ $--0-- Authority Lease Rentals ................................. $90,000 Total Funds Budgeted .......................................... $501,828,842 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $82,000 State Funds Budgeted .......................................... $493,159,515

Departmental Functional Budgets

Total Funds

State Funds

Administration

$ 164,742,184 $ 164,161,681

Institutions and Support

$ 271,348,879 $ 269,841,879

Probation

$ 65,737,779 $ 59,155,955

Total

$ 501,828,842 $ 493,159,515

B. Budget Unit: Board of Pardons and Paroles ......................................................... $30,825,214
Board of Pardons and Paroles Budget: Personal Services................................................ $22,694,997 Regular Operating Expenses......................................... $920,015 Travel ............................................................ $752,760 Motor Vehicle Purchases............................................ $265,000 Equipment ........................................................ $795,279 Computer Charges ................................................. $690,159 Real Estate Rentals .............................................. $1,604,700 Telecommunications ................................................ $903,466 Per Diem, Fees and Contracts ..................................... $1,210,938 County Jail Subsidy ................................................ $987,900 Total Funds Budgeted ........................................... $30,825,214 State Funds Budgeted ........................................... $30,825,214

Section 16. Department of Defense. Budget Unit: Department of Defense ................................ $5,602,479 Operations Budget: Personal Services................................................. $8,543,307 Regular Operating Expenses....................................... $4,266,887 Travel ............................................................. $77,604 Motor Vehicle Purchases............................................. $41,500 Equipment ......................................................... $57,525 Computer Charges .................................................. $34,155 Real Estate Rentals .................................................. $5,760 Telecommunications ................................................ $154,276 Per Diem, Fees and Contracts ....................................... $201,500 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 ................................................... $6,581 Repairs and Renovations............................................ $180,000 Total Funds Budgeted .......................................... $15,906,428 State Funds Budgeted ............................................ $5,602,479

1064

JOURNAL OF THE SENATE

Department of Defense Functional Budgets

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard
Georgia Army National Guard
Total

Total Funds
$ 1,390,428
$ 3,284,104 $ 3,758,900 $ 7,472,996 $ 15,906,428

State Funds

$ 1,311,311

$ 1,022,630

$

529,742

$ 2,738,796

$ 5,602,479

Section 17. State Board of EducationDepartment of Education.
Budget Unit: Department of Education ................................................. $2,782,138,288
Operations: Personal Services................................................ $42,302,779 Regular Operating Expenses....................................... $5,476,303 Travel .......................................................... $1,931,117 Motor Vehicle Purchases............................................. $91,783 Equipment ........................................................ $772,828 Computer Charges .............................................. $13,865,442 Real Estate Rentals .............................................. $2,442,691 Telecommunications ................................................ $829,900 Per Diem, Fees and Contracts .................................... $22,450,366 Utilities ........................................................... $770,888 Capital Outlay ..................................................... $472,000 QBE Formula Grants: Kindergarten--Grades 1 - 3 ..................................... $643,914,524 Grades 4 - 8 ................................................... $541,522,708 Grades 9 - 12 .................................................. $263,729,003 High School: Laboratories........................................ $82,400,352
Vocational Education Laboratories .................................................. $85,836,905
Special Education .............................................. $187,873,928 Gifted.......................................................... $23,187,247 Remedial Education ............................................. $44,627,246 Staff Development ............................................... $6,848,676 Professional Development........................................ $18,590,345 Media......................................................... $104,701,088 Indirect Cost .................................................. $608,435,404 Pupil Transportation ........................................... $110,676,321 Mid-Term Adjustment........................................... $38,771,779 Local Fair Share .............................................. $(479,927,753)
Other Categorical Grants: Equalization Formula........................................... $131,572,700 Sparsity Grants .................................................. $3,647,392 In-School Suspension ............................................. $9,520,994 Special Instructional Assistance................................... $19,058,651 Middle School Incentive ......................................... $24,465,241
Special Education LowIncidence Grants ................................................. $100,000
Non-QBE Grants: Education of Children of Low-
Income Families .............................................. $95,312,627

MONDAY, FEBRUARY 12, 1990

1065

Retirement (H.B. 272 and H.B. 1321) ....................................... $3,503,745
Instructional Services for the Handicapped .............................................. $28,483,503
Removal of Architectural Barriers ......................................................... $888,439
Tuition for the Multi-Handicapped............................................. $2,475,000
Severely Emotionally Disturbed .................................. $33,732,168 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $24,003,046
Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification ............................................. $6,575,151
Regional Education Service Agencies ............................................... $6,219,983
Georgia Learning Resources System ........................................................ $2,720,965
High School Program ............................................ $16,732,524 Special Education in
State Institutions .............................................. $3,473,560 Governor's Scholarships........................................... $1,066,000 Special Projects .................................................... $452,000 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 .......................................... $4,679,416 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 Board of Technical and Adult Education .................................................... $13,848,106
Innovative Programs.............................................. $2,453,089 Technology Grants ................................................. $850,000
Limited English-Speaking Students Program .............................................. $2,673,172
Drug Free School (Federal) ....................................... $5,162,697 Transition Program for Refugees .................................... $113,861
Emergency Immigrant Education Program......................................................... $100,000
Title II Math/Science Grant (Federal) ...................................................... $2,252,698
Robert C. Byrd Scholarship (Federal) ........................................................ $154,000
Public Library Construction ...................................... $14,700,000 Local School Construction ...................................... $115,112,826 Asbestos Removal .................................................. $100,817 Total Funds Budgeted ......................................... $3,106,400,239

1066

JOURNAL OF THE SENATE

Indirect DOAS Services Funding State Funds Budgeted ..........

Education Functional Budgets

Total Funds

State Administration Instructional Programs

$ 15,997,673 18,243,293

Governor's Honors Program

1,300,814

Administrative Services

13,781,668

Evaluation and Personnel Development

$ 19,681,888

Special Services

$ 4,539,612

Professional Standards Commission
Professional Practices Commission
Local Programs

$

287,193

$

584,243

$ 3,014,994,142

Georgia Academy for the Blind

$ 4,611,814

Georgia School for the Deaf

$ 7,396,979

Atlanta Area School for the Deaf

$ 4,980,920

Total

$ 3,106,400,239

...... $340,000 . $2,782,138,288

State Funds 14,908,730 9,349,807 1,158,295 9,344,861

19,246,338 2,940,285

$

287,193

584,243 2,708,353,027

4,386,552 7,070,747

4,508,210 2,782,138,288

Section 18. Employees' Retirement System. Budget Unit: Employees' Retirement System .......................................................... $--0--
Employees' Retirement System Budget Personal Services................................................. $1,326,323 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 ............................................ $2,629,323 State Funds Budgeted ............................................... $--0--

Section 19. Forestry Commission. Budget Unit: Forestry Commission ................................. $36,694,699 State Operations Budget: Personal Services............... ............................. $28,591,177 Regular Operating Expenses....................................... $6,922,549 Travel ............................................................ $174,520 Motor Vehicle Purchases.......................................... $1,228,810 Equipment ...................................................... $2,730,173 Computer Charges ................................................. $154,806 Real Estate Rentals ................................................. $39,174 Telecommunications .................................... $942,267

MONDAY, FEBRUARY 12, 1990

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 Field Services Wood Energy

$ 5,280,051 34,293,801 28,912

General Administration and Support

2,640,976

Total

42,243,740

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.................. State Funds Budgeted ..................

Georgia Bureau of Investigation Functional Budgets

Total Funds

Administration

$ 3,006,186

Drug Enforcement

$ 6,673,800

Investigative

$ 10,640,865

Georgia Crime Information Center

$ 6,731,824

Forensic Sciences

$ 6,740,591

Total

$ 33,793,266

Section 21. Office of the Governor. Budget Unit: Office of the Governor .......................... Personal Services..........................................

1067
. $478,764 . $310,000
.... $--0--
... $30,000
... $60,000 . . . . $30,500 . . . $551,000 $42,243,740 $36,694,699
State Funds 2,295,011 31,758,723 28,912
2,612,053 36,694,699
$33,793,266
$24,157,132 $2,544,438 . . $646,760 . . $624,650 . $596,288 . . $631,000 . $1,785,200 $1,955,798 . . . $277,000 . . $500,000 ... $75,000 $33,793,266 $33,793,266
State Funds 3,006,186 6,673,800 10,640,865
6,731,824 6,740,591 33,793,266
$23,028,742 . $9,408,312

1068

JOURNAL OF THE SENATE

Regular Operating Expenses......................................... $482,288 Travel ............................................................ $186,775 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $76,334 Computer Charges ................................................. $158,637 Real Estate Rentals ................................................ $655,161 Telecommunications ................................................ $204,420 Per Diem, Fees and Contracts .................................... $32,028,961 Cost of Operations ............................................... $2,860,758 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $3,712,500 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 ..................................... $1,162,835 Children and Youth Grants ......................................... $100,000 Juvenile Justice Grants ........................................... $1,262,925
Payments to Hazardous Waste Management Authority ......................................... $1,420,000
Total Funds Budgeted ........................................... $57,193,506 State Funds Budgeted ........................................... $23,028,742

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office

$ 6,775,258 $ 6,775,258

Office of Fair Employment Practices

$

852,858 $

776,204

Office of Planning and Budget

$ 6,035,305 $ 6,035,305

Council for the Arts

$ 3,933,685 $ 3,414,621

Office of Consumer Affairs

$ 2,133,996 $ 2,133,996

State Energy Office

$ 32,404,228 $

325,544

Vocational Education Advisory Council

$

340,256 $

150,696

Office of Consumers' Utility Council

$

648,454 $

648,454

Criminal Justice Coordinating Council

$

739,044 $

485,165

Juvenile Justice Coordinating Council

$ 1,518,788 $

471,865

Commission on Children and Youth

$ 1,685,400 $ 1,685,400

Growth Strategies Commission

$

--0-- $

--0--

Human Relations Commission Total

$

126,234 $

126,234

$ 57,193,506 $ 23,028,742

Section 22. Department of Human Resources. A. Budget Unit: Departmental Operations....
1. General Administration and Support Budget:

. $481,084,556

MONDAY, FEBRUARY 12, 1990

1069

Personal Services............... Regular Operating Expenses.... Travel ........................ Motor Vehicle Purchases........ Equipment .................... Computer Charges ............. Real Estate Rentals ........... Telecommunications ............ Per Diem, Fees and Contracts . Utilities ....................... Postage ....................... Capital Outlay ................. Institutional Repairs and
Maintenance ................. Payments to DMA-
Community Care ............. Service Benefits for Children .... Special Purpose Contracts ...... Purchase of Service Contracts . . . Total Funds Budgeted .......... Indirect DOAS Services Funding State Funds Budgeted ..........

$61,482,251 . $3,898,862
$1,631,050 . . $860,441 . $601,460
$2,871,470 . $5,550,617
$1,367,492 $2,866,613 . . . $393,992 $1,390,017 ... $--0--
. . . . $116,700
.. $9,429,100 . $12,696,000 . $258,000 . $35,539,845 $140,953,910 ... $638,300 . $64,503,172

General Administration and Support Functional Budgets

Commissioner's Office Administrative Appeals

Total Funds

$

794,145

$ 1,840,652

State Funds 794,145
1,840,652

Administrative Policy, Coordination, and Direction
Personnel

337,931 $ 1,808,186 $

337,931 1,808,186

Indirect Cost Facilities Management Public Affairs Community/
Intergovernmental Affairs

5,104,781 572,258
649,212

(6,213,445)

$ 3,573,086

$

572,258

$

649,212

Budget Administration Financial Services Auditing Services Special Projects Office of
Children and Youth Planning Councils Community Services
Block Grant

1,701,735 $ 5,501,628 $ 2,086,719 $
524,000 $

1,701,735 5,301,628 2,086,719
524,000

12,696,000 $ 12,103,358

501,395 $

148,184

9,103,127 $

Regulatory Services-- Program Direction and Support
Child Care Licensing
Laboratory Improvement

732,767 $ 2,583,000 $
797,651 $

722,767 2,583,000
456,656

1070

JOURNAL OF THE SENATE

Health Care Facilities Regulation

$ 4,598,952 $ I,277,132

Compliance Monitoring

$

479,839 $

479,839

Radiological Health

$

884,859 $

667,111

Fraud and Abuse

$ 5,705,318 $

224,443

Child Support Recovery Support Services

$ 29,295,625 $ 4,356,248 $ 12,155,544 $ II,227,944

Aging Services

$ 39,149,576 $ 15,981,373

State Health Planning

and Development Agency

$ 1,349,010 $ 1,299,010

Total 2. Public Health Budget:

$ 140,953,910 $ 64,503,172

Personal Services................................................ $49,474,103

Regular Operating Expenses...................................... $54,441,880

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 ........................................ $69,000,574

Purchase of Service Contracts .................................... $11,826,121

Special Purpose Contracts ........................................ $6,417,500

Total Funds Budgeted .......................................... $219,956,492

Indirect DOAS Services Funding .................................... $549,718

State Funds Budgeted .......................................... $129,870,651

Public Health Functional Budgets

Total Funds

State Funds

Director's Office

$

873,482 $

676,257

Employees' Health

$

373,542 $

313,542

Health Program Management

$ 1,296,729 $ 1,211,729

Vital Records

$ 1,924,223 $ 1,760,161

Health Services Research

$

840,450 $

617,632

Primary Health Care

$

811,724 $

745,791

Stroke and Heart Attack Prevention

$ 1,986,440 $ 1,456,440

MONDAY, FEBRUARY 12, 1990

1071

Epidemiology
Immunization
Sexually Transmitted
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 Programs
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 Outlay ................... Postage ......................... Institutional Repairs
and Maintenance............... Case Services .................... E.S.R.P. Case Services............

1,839,637 599,292

1,566,714

$ 1,698,734

$ 11,466,947

$ 10,491,073

$ 3,058,997

$ 10,234,234

$ 56,504,981

$ 1,783,362

$ 12,153,062

$ 1,349,328

$

693,177

$ 4,067,805

$ 1,000,931

$ 5,496,202

$ 2,977,452

$ 10,356,307

$

930,987

3,651,274

4,432,642 56,847,315
481,908 3,052,986 5,114,555 219,956,492

$

927,523

$

--0--

$

300,631

1,545,893 5,505,303 9,324,163 1,047,121 6,203,394
--0--
1,573,187 9,919,000 1,349,328
693,177 3,964,230
512,159 5,376,202 1,916,952

10,226,632 740,722

$ 3,161,274

$ 4,432,642

$ 50,282,408

$

398,776

$ 1,208,339

$ 2,480,043

$ 129,870,651

$65,871,313 $9,849,338 . . $815,163 . . $119,000 . . . $351,573 $1,728,383 $2,902,171 . $1,420,350 . $4,487,877 . . $977,500 ... $--0--
. . . $425,050
. . . $242,500 $16,157,000 . . $52,000

1072

JOURNAL OF THE SENATE

Special Purpose Contracts ... Purchase of Services Contracts . Total Funds Budgeted .......... Indirect DOAS Services Funding State Funds Budgeted ..........
Rehabilitation Services Functional Budgets

.... $774,000 . . $7,202,585 $113,375,803
$100,000 . $24,872,864

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop
District Field Services Independent Living
Sheltered Employment Community Facilities Bobby Dodd Workshop Total

Total Funds

State Funds

$ 3,849,215

$

862,128

1,455,494 717,125

$ 7,694,630 $ 1,533,173

$ 18,199,904 $ 4,807,896

$ 13,134,289 $

731,727

$ 23,975,174 $

-- 0--

$

854,410 $

-- 0--

$ 36,379,887 $ 8,150,964

$

511,813 $

306,813

$ 1,466,668 $

721,987

$ 6,027,535 $ 6,027,535

$

420,150 $

420,150

$ 113,375,803 $ 24,872,864

4. Family and Children

Services Budget:

Personal Services .................... .......

........ ..... $14,889,329

Regular Operating Expenses .......... ............................. $1,559,285

Travel ............................. ............................... $415,227

Motor Vehicle Purchases ............. ................................ $--0--

Equipment ......................... ............................... $147,916

Computer Charges .................. ............................ $16,791,984

Real Estate Rentals ................. ............................... $226,365

Telecommunications ................. ............................. $1,156,500

Per Diem, Fees and Contracts ........ ............................. $5,450,713

Utilities ............................ ................................. $9,100

Postage ............................ ............................. $1,461,435

Cash Benefits ....................... ........................... $316,130,150

Grants to County DFACS--

Operations ........................ ........................... $201,836,889

Service Benefits for Children .........

..... . . $46,499,365

Special Purpose Contracts ........... ............................. $3,532,000

Purchase of Service Contracts ........ ............................. $2,260,000

Total Funds Budgeted

... ........................... $612,366,258

Indirect DOAS Services Funding

............................. $2,339,882

State Funds Budgeted ............... ........................... $261,837,869

MONDAY, FEBRUARY 12, 1990

1073

Family and Children Services Functional Budgets

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations-
Social Services County DFACS Operations-
Eligibility County DFACS Operations-
Joint 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

Total Funds

$ 1,329,923

$ 305,603,127

$

100

$ 10,051,000

$ 55,199,066

$ 87,218,261

$ 49,998,838

$ 6,951,771

$ 2,425,000

$

881,949

$ 4,486,459

$ 4,069,330

$ 4,662,986

$ 19,657,585

$ 2,632,583

$

-- 0--

$ 2,318,389

$ 2,000,000

$ 21,768,990

$ 2,630,504

$

791,500

$ 3,591,282

$ 15,865,300

$

158,000

$

776,500

$ 1,231,500

$ 3,462,362

$ 2,603,953 $ 612,366,258

State Funds

$

-- 0--

$ 115,796,590

$

100

$

-- 0--

$ 8,995,468

$ 43,417,269

$ 24,262,627

$ 6,951,771

$

-- 0--

$

881,949

$ 3,736,866

$ 4,069,330

$ 2,216,606

$ 8,524,670

$ 2,632,583

$ (6,578,268)

$ 1,908,631

$ 2,000,000

$ 15,062,835

$ 2,120,902

$

613,359

$ 2,594,470

$ 15,865,300

$

158,000

$

776,500

$ 1,209,131

$ 3,297,362

$ 1,323,818 $ 261,837,869

Budget Unit Object Classes: Personal Services........... Regular Operating Expenses Travel .................... Motor Vehicle Purchases. Equipment ................ Computer Charges ......... Real Estate Rentals ........ Telecommunications ........

.... $191,716,996 ... $69,749,365 ....... $4,109,505 ........ $979,441
.... $1,599,587 $22,062,669
...... $9,632,613 ...... $4,666,647

1074

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .................................... $16,348,269 Utilities ......................................................... $1,380,592 Postage ......................................................... $3,388,353 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 ........................................ $69,000,574 Payments to DMA-Community Care ............................... $9,429,100 Service Benefits for Children ..................................... $59,195,365 Case Services ................................................... $16,157,000 E.S.R.P. Case Services ............................................... $52,000 Cash Benefits .................................................. $316,130,150 Grants for County DFACS-- Operations................................................... $201,836,889 Institutional Repairs and Maintenance................................................. $359,200 Special Purpose Contracts ....................................... $10,981,500 Purchase of Service Contracts .................................... $56,828,551

B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions .................................................... $509,249,824
Departmental Operations: Personal Services. .............................................. $385,243,196 Regular Operating Expenses...................................... $35,794,041 Travel .......................................................... $1,118,360 Motor Vehicle Purchases............................................ $682,700 Equipment ...................................................... $3,605,648 Computer Charges ............................................... $4,964,536 Real Estate Rentals ................................................ $882,375 Telecommunications .............................................. $3,149,333 Per Diem, Fees and Contracts ..................................... $6,185,703 Utilities ........................................................ $13,368,100 Capital Outlay .................................................. $10,195,200 Authority Lease Rentals .......................................... $2,451,904
Institutional Repairs and Maintenance.................................................. $11,354,300
Grants to County-Owned Detention Centers .............................................. $2,768,050
Substance Abuse Community Services ........................................... $35,703,573
Mental Retardation Community Services ........................................... $88,132,101
Mental Health Community Services ........................................... $14,751,156

MONDAY, FEBRUARY 12, 1990

1075

Community Mental Health Center Services
Special Purpose Contract .................... Service Benefits for Chi ldren ................. Purchase of Service Coointracts ................ Total Funds Budgeted ....................... Indirect DOAS Servrices Funding .............
State Funds Budgeted

$55,260,268 . $1,424,600 ..... $3,137,860 ........ $597,000 .... $680,770,004 ...... $2,404,100 .... $509,249,824

Commu nity Mental Health/Mental Retardation, Youth Seiirvices and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital1 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 Prograumn

$ 38,430,338 $ 25,104,296 $ 35,711,775 $ 17,869,273
$ 28,417,924 $ 24,569,682
$ 22,689,137 $ 19,141,293
$ 31,318,866 $ 24,486,924
$ 29,882,775 $ 23,075,041 $ 132,138,242 $ 88,552,841
$ 24,647,754 $ 21,957,911
$ 46,137,232 $ 23,958,040
$ 22,488,763 $ 18,534,920 $ 3,222,560 $ 2,375,784

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

$ 9,317,746 $ 9,114,451
$ 5,228,263 $ 2,703,158
$ 67,567,203 $ 39,831,203 $ 14,421,988 $ 14,421,988

$

663,127 $

634,662

$

445,605 $

445,605

$ 1,361,631 $ 1,361,631

$ 55,260,268 $ 43,173,693

$

382,210 $

382,210

$ 1,604,734 $ 1,354,234

$

290,613 $

290,613

$

329,168 $

329,168

1076

JOURNAL OF THE SENATE

Community Mental Retardation Staff
Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Administration
Regional Youth Development Centers
Milledgeville State YDC
Augusta State YDC
Atlanta State YDC
Macon State YDC
Court Services
Community Treatment Centers
Day Centers
Group Homes
Purchased Services
Runaway Investigation/ Interstate Compact
Assessment and Classification
Youth Services Administration
Total
Section 23. Department of Industry and Trade. Budget Unit: Department of Industry and Trade ............................. 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 ................................

3,639,123
15,464,447
76,900 9,410,426
22,092,476 15,201,836 9,646,742 4,160,226 3,880,109 12,614,295 2,736,059
948,748 676,070 4,595,481
694,485
411,914
2,562,745 680,770,004

$ 3,639,123 $ 15,464,447

$

76,900

$ 7,353,347

$ 21,678,476

$ 14,832,736

$ 9,575,042

$ 4,042,326

$ 3,779,009

$ 12,614,295

$ 2,736,059

$

948,748

$

676,070

$ 4,495,481

$

694,485

411,914

$ 2,562,745 $ 509,249,824

$18,893,512
$7,516,645 $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

MONDAY, FEBRUARY 12, 1990

Georgia Music Week Promotion Georgia World Congress Center
Operating Expenses ......... Contract - Georgia Association
of Broadcasters ............. Southern Center for
International Studies ........ Music Hall of Fame ........... Capital Outlay ................ Total Funds Budgeted......... State Funds Budgeted .........

Department of Industry and Trade Functional Budgets

Administration

Total Funds $ 6,658,679

Economic Development Tourism

$ 5,067,161 $ 8,270,672

Total

$ 19,996,512

Section 24. Department of Insurance.

Budget Unit: Department of Insurance

Operations Budget:

Personal Services ..................

Regular Operating Expenses.........

Travel ............................

Motor Vehicle Purchases............

Equipment ........................

Computer Charges .................

Real Estate Rentals ................

Telecommunications ................

Per Diem, Fees and Contracts .......

High-Risk Health Insurance Board. . .

Total Funds Budgeted .........

State Funds Budgeted

......

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$ 1,943,578

Insurance Regulation

$ 6,279,804

Industrial Loans Regulation

$

566,737

Fire Safety and Mobile Home Regulations

$ 4,819,641

Total

$ 13,609,760

Section 25. Department of Labor. Budget Unit: Department of Labor .......................... State Operations: Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges .......................................

1077
... $35,000
. . . $100,000
... $53,000
. . . . $25,000 .... $--0-- .... $--0-- $19,996,512 $18,893,512
State Funds 5,848,679 4,914,161 8,130,672 18,893,512
$12,543,366
$10,602,243 . . $567,900
. $892,528 . . . $139,900 . . . $124,889 . . $425,900 . . . $515,100 . . . $215,800 . . . . $50,500 .... $75,000 $13,609,760 $12,543,366
State Funds 1,943,578 6,149,804 566,737
3,883,247 12,543,366
. . $6,437,843
. $61,036,074 . $6,455,700 . . . . $830,400 . . . . . $--0-- . . . . $450,109
$3,540,150

1078

JOURNAL OF THE SENATE

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 ........

. $1,305,727 . . $1,423,695
. $63,102,011 ... $889,999 ..... $--0-- . . $1,774,078 .. $3,522,478 $144,330,421 . . $6,437,843

Department of Labor Functional Budgets

Total Funds

Executive Offices

$ 8,004,818

Administrative Services

$ 16,662,865

Employment and Training Services

$ 119,662,738

Total

$ 144,330,421

State Funds 260,461
1,467,420
4,709,962 6,437,843

Section 26. Department of Law. Budget Unit: Department of Law. ................................... $8,703,803 Attorney General's Office Budget: Personal Services................................................. $7,591,730 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 ....................................... $310,000 Books for State Library............................................. $110,000 Total Funds Budgeted ............................................ $9,294,703 State Funds Budgeted ............................................ $8,703,803

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services ................................... $548,859,591 Departmental Operations Budget: Personal Services. ............................................... $12,501,550 Regular Operating Expenses......................................... $618,086 Travel .......................................................... $190,500 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $61,727 Computer Charges .............................................. $13,543,138 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $392,900 Per Diem, Fees and Contracts .................................... $24,251,556 Medicaid Benefits, Penalties and Disallowances ........................................... $1,512,215,541 Payments to Counties for Mental Health ................................................ $32,895,060 Audit Contracts .................................................... $772,500 Total Funds Budgeted ......................................... $1,598,378,531 State Funds Budgeted .......................................... $548,859,591

MONDAY, FEBRUARY 12, 1990

1079

Medical Assistance Functional Budgets

Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursement Benefits, Penalties
and Disallowances Total

Total Funds $ 2,720,189 $ 25,092,121 $ 15,778,746 $ 2,874,638 $ 4,266,457
$ 2,535,779
$ 1,545,110,601 $ 1,598,378,531

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ......................... Departmental Operations Budget: Personal Services .......................... Regular Operating Expenses ................ Travel ................................... Equipment ............................... Computer Charges ........................ Real Estate Rentals ....................... Telecommunications ....................... Per Diem, Fees and Contracts .............. Health Insurance Payments ................ Total Funds Budgeted ..................... Agency Assessments ....................... Employee and Employer Contributions ........................... Deferred Compensation .................... State Funds ..............................

Merit System Functional Budgets

Total Funds

Applicant Services

$ 2,619,632

Classification and Compensation

$ 1,130,788

Flexible Benefits

$ 1,226,597

Employee Training and Development
Health Insurance Administration
Health Insurance Claims

$ 1,294,553
$ 15,645,719 $ 548,666,828

Internal Administration

$ 2,243,818

Commissioner's Office

$ 1,539,992

Total

$ 574,367,927

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources ..............................

State Funds

$

828,864

$ 2,595,699

$ 4,365,013

$

460,169

$ 1,420,092

$ 1,219,111

$ 537,970,643 $ 548,859,591

..... $35,534,500
...... $7,510,316 ...... $2,056,528 ......... $84,509 ......... $58,430 ...... $2,877,767 ........ $884,119 ..... $338,970
$42,964,275 .... $517,593,013 . . $574,367,927
. . $9,419,549
. . . . $529,340,134 ......... $73,744
. . $35,534,500

State Funds

$

-- 0--

$

-0-

$

-- 0--

$

-- 0--

$

-- 0--

$ 35,534,500

$

-- 0--

$

-- 0--

$ 35,534,500

..... $86,691,751

1080

JOURNAL OF THE SENATE

Operations Budget: Personal Services................................................ $56,655,918 Regular Operating Expenses...................................... $10,913,440 Travel ............................................................ $498,390 Motor Vehicle Purchases.......................................... $1,521,566 Equipment ...................................................... $1,696,547 Computer Charges ................................................. $788,603 Real Estate Rentals .............................................. $1,688,530 Telecommunications .............................................. $1,090,255 Per Diem, Fees and Contracts ..................................... $1,704,190
Land and Water Conservation Grants .......................................................... $900,000
Recreation Grants ................................................ $1,233,000 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 StockParks ........................................................... $350,000 Capital Outlay-Heritage Trust....................................... $225,000 Authority Lease Rentals ............................................ $980,000 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 ................................................... $8,575,000 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 .......................................... $108,277,283

MONDAY, FEBRUARY 12, 1990

1081

Receipts from Jekyll Island State Park Authority .....................................
Receipts from Stone Mountain Memorial Association .....................................
Indirect DOAS Funding .................................... State Funds Budgeted ......................................

Department of Natural Resources Functional Budgets

Internal Administration

Total Funds 14,607,545

Game and Fish

27,431,582

Parks, Recreation and Historic Sites

37,721,874

Environmental Protection Coastal Resources

26,598,137 1,918,145

Total

108,277,283

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

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 ......................

. . . $314,594
. . $315,000 . $200,000 $86,691,751
State Funds 13,977,951 23,739,196
24,131,406 23,010,053 1,833,145 86,691,751
..... $--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--
. $77,901,271
. $59,343,220 . . $8,878,459 . . . . $167,250 . . $2,617,532 . . . . $983,481 . $4,224,364 . . . . . $71,202 . $1,317,813 . . . . $258,850
$232,500
. . . . $200,000 . . . . $275,000

1082

JOURNAL OF THE SENATE

Driver License Processing ........................................... $981,600 Total Funds Budgeted ........................................... $79,551,271 Indirect DOAS Service Funding ................................... $1,650,000 State Funds Budgeted ........................................... $77,901,271

Public Safety Functional Budgets

Administration Driver Services Field Operations Total

Total Funds $ 17,835,498 $ 15,993,186 $ 45,722,587 $ 79,551,271

State Funds $ 16,335,498 $ 15,993,186 $ 45,572,587 $ 77,901,271

B. Budget Unit: Units Attached for Administrative Purposes Only .................................................. $13,926,231
1. Attached Units Budget: Personal Services................................................. $6,992,202 Regular Operating Expenses....................................... $2,441,826 Travel ............................................................ $134,000 Motor Vehicle Purchases............................................ $116,282 Equipment ........................................................ $178,771 Computer Charges ................................................. $363,312 Real Estate Rentals ................................................. $89,187 Telecommunications ................................................ $159,000 Per Diem, Fees and Contracts ....................................... $859,800 Peace Officers Training Grants .................................... $2,757,323 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $14,091,703 State Funds Budgeted ........................................... $13,606,703
2. Office of Highway Safety Budget: Personal Services................................................... $412,384 Regular Operating Expenses.......................................... $29,600 Travel ............................................................. $13,000 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................... $600 Computer Charges .................................................. $40,000 Real Estate Rentals ................................................. $69,988 Telecommunications .................................................. $5,000 Per Diem, Fees and Contracts ........................................ $29,100 Highway Safety Grants ........................................... $3,500,000 Total Funds Budgeted ............................................ $4,099,672 State Funds Budgeted .............................................. $319,528

Attached Units Functional Budgets

Office of Highway Safety
Georgia Peace Officers Standards and Training
Police Academy
Fire Academy
Georgia Firefighters Standards and Training Council

Total Funds $ 4,099,672

$ 4,691,256

$

935,224

$ 1,257,360

State Funds

$

319,528

$ 4,691,256

$

915,224

$ 1,177,360

$

417,874 $

417,874

MONDAY, FEBRUARY 12, 1990

1083

Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

$

291,920 $

291,920

$ 6,498,069 $ 6,113,069 $ 18,191,375 $ 13,926,231

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..............................................

$7,705,982

Departmental Operations Budget:

Personal Services................................................. $6,281,890

Regular Operating Expenses......................................... $401,012

Travel ............................................................ $247,660

Motor Vehicle Purchases............................................. $83,491

Equipment ........................................................ $163,148

Computer Charges ................................................. $331,000

Real Estate Rentals ................................................ $304,623

Telecommunications ................................................ $115,752

Per Diem, Fees and Contracts ..................................... $1,235,746

Total Funds Budgeted ............................................ $9,164,322

State Funds Budgeted ............................................ $7,705,982

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$ 1,676,686 $ 1,676,686

Transportation

$ 3,089,978 $ 1,804,778

Utilities

$ 4,397,658 $ 4,224,518

Total

$ 9,164,322 $ 7,705,982

Section 33. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $759,277,630
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $785,554,722 Sponsored Operations .......................................... $110,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. .................................. $208,331,929 Sponsored Operations .......................................... $125,000,000 Special Funding Initiative........................................ $14,000,000 Office of Minority Business Enterprise .............................................. $346,605 Special Desegregation Programs ..................................... $377,917 Forestry Research .................................................. $300,000 Research Consortium ................................................ $--0-- Eminent Scholars Program ........................................... $--0-- Capital Outlay .................................................. $41,949,287

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Total Funds Budgeted .......... Departmental Income........... Sponsored Income.............. Other Funds ................... Indirect DOAS Services Funding State Funds Budgeted .....

$1,285,860,460 . . . $30,083,572 . $235,000,000 . $258,471,958 .... $3,027,300
$759,277,630

B. Budget Unit: Regents Central Office and Other Organized Activities .........................
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs.
Sponsored Operations ......... Operating Expenses:
Educ., Gen., and Dept. Svcs. ..... Sponsored Operations ............. Fire Ant and Environmental
Toxicology Research ............. Agricultural Research.............. Advanced Technology
Development Center ......... 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 .............
Regents Central Office and Other Organized Activities Functional Budgets

$143,207,352
$195,288,237 . $66,536,986
. $87,673,169 . $30,605,353
.... $270,780 . . $2,048,179
. . $1,504,606
. . $2,677,250 . . $2,506,660 .... $158,000
$1,024,637 . $12,521,000 . . . . $839,750
$600,000 ... $200,000
.... $818,346
... $211,000 $405,483,953 . . $3,517,000 . $97,501,895 $160,702,006 .... $555,700 $143,207,352

Marine Resourcees Extension Center
Skidaway Institute of Oceanography
Marine Institute
Georgia Tech Research Institute

Total Funds $ 1,867,811 $ 3,581,555 $ 1,527,038 $ 111,771,413

State Funds 1,182,103 1,518,237 931,338
$ 12,839,713

MONDAY, FEBRUARY 12, 1990

1085

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

$ 6,367,100 $ 50,236,113 $ 48,512,267 $ 145,815,884 $ $2,953,426 $ 2,334,750 $ 5,830,380 $ 1,947,105 $ 2,413,747 $ 20,325,364 $ 405,483,953

2,260,088 33,766,696 32,985,567 28,117,195 $2,953,426
501,750 5,830,380
--0--
62,464 20,258,395 143,207,352

C. Budget Unit: Georgia Public Telecommunications Commission...................................................... $7,211,443
Public Telecommunications Commission Budget:
Personal Services................................................. $5,748,910 Operating Expenses .............................................. $6,636,813 Total Funds Budgeted ........................................... $12,385,723 Other Funds ..................................................... $5,174,280 State Funds Budgeted ............................................ $7,211,443

Section 34. Department of Revenue. Budget Unit: Department of Revenue............................... $70,517,548 Operations Budget: Personal Services................................................ $45,575,129 Regular Operating Expenses....................................... $3,939,168 Travel .......................................................... $1,344,000 Motor Vehicle Purchases............................................ $168,100 Equipment ...................................................... $1,307,412 Computer Charges ............................................... $9,333,646 Real Estate Rentals .............................................. $2,593,452 Telecommunications ................................................ $728,100 Per Diem, Fees and Contracts ....................................... $315,482 County Tax Officials/Retirement and FICA ..................................................... $2,354,000
Grants to Counties/Appraisal Staff .......................................................... $1,430,000
Motor Vehicle Tags and Decals.................................... $2,150,000 Postage ......................................................... $3,124,059 Total Funds Budgeted ........................................... $74,362,548 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $70,517,548

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Department of Revenue Functional Budgets

Total Funds

Departmental Administration

$ 5,805,778

Internal Administration

$ 10,084,308

Electronic Data Processing

$ 4,723,120

Field Services

$ 16,462,646

Income Tax Unit

$ 7,865,492

Motor Vehicle Unit

$ 14,136,790

Central Audit Unit

$ 6,380,690

Property Tax Unit

$ 4,518,543

Sales Tax Unit

$ 4,385,181

Total

$ 74,362,548

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 ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ....................... Election Expenses ........................................ Total Funds Budgeted.................................... State Funds Budgeted ....................................

Secretary of State Functional Budgets

Total Funds

Internal Administration Archives and Records

$ 3,085,808 4,933,553

Business Services and Regulation

4,186,667

Elections and Campaign Disclosure

1,148,709

Drugs and Narcotics

938,056

State Ethics Commission

196,986

Occupational Certification

7,200,307

Total

$ 21,690,086

Occupational Certification Functional 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

State Funds 5,805,778 9,884,308 4,505,120 16,162,646 6,908,492 12,504,790 6,380,690 4,437,543 3,928,181 70,517,548
$21,690,086 $14,328,473 . $2,570,784
. $235,200 . . . $146,403 .... $77,428 . . . $725,147 . $2,242,319 . . . $274,476 . . . $589,856 . . $500,000 $21,690,086 $21,690,086
State Funds $ 3,085,808 $ 4,933,553
$ 4,186,667
1,148,709 938,056 196,986
7,200,307 21,690,086

Cost of

Operations

$

216,474

$

251,417

$

3,397

$

48,597

MONDAY, FEBRUARY 12, 1990

1087

S.B. of Barbers
G.B. of Chiropractic Examiners
State Construction Industry Licensing Board
S.B. of Cosmetology
G.B. of Dentistry
G.B. of Examiners of Licensed Dieticians
S.B. of Professional Engineers and Land Surveyors
S.B. of Registration for Foresters
S.B. of Funeral Services
S.B. of Registration for Professional Geologists
S.B. of Hearing Aid Dealers and Dispensers
G.B. of Landscape Architects
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

23,380 $ 28,500 $ 122,500 $ 49,500 $ 63,750 $ 10,000 $
88,300 $ 3,800 $ 26,000 $ 6,800 8,500 21,600 3,965 $

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

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

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

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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

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 $ 1,546,764

Section 36. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee .................... Soil and Water Conservation Budget: Personal Services.............................. Regular Operating Expenses.................... Travel ....................................... Motor Vehicle Purchases....................... Equipment ................................... Computer Charges ............................ Real Estate Rentals ........................... Telecommunications ........................... Per Diem, Fees and Contracts .................. County Conservation Grants ................... Total Funds Budgeted ......................... State Funds Budgeted .........................

Section 37. Student Finance Commission. Budget Unit: Student Finance Commission ................................

29,894
203,990
49,920 81,987
182,652 8,114,358 $1,546,764
. . $877,045 . $139,235 . . . $12,000 . . . $16,734
$10,330 . . $227,170 . . $116,250 . . . $47,000 . . $101,000 $1,546,764 $1,546,764
Cost of Operations
1,586,764
$1,789,279
. . $825,066 $119,206
. . . $55,000 . . . $--0-- . . . $11,516 .... $6,635 . . . $42,660 . . . $17,500 . . $155,300
$556,396 $1,789,279 $1,789,279
$21,819,394

MONDAY, FEBRUARY 12, 1990

1089

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...................................... $14,588,227 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 ........................................... $30,173,371 State Funds Budgeted ........................................... $21,819,394

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$ 4,861,899 $

--0--

Higher Education Assistance Corporation

$

381,625 $

381,625

Georgia Student Finance Authority

$ 24,929,847 $ 21,437,769

Total

$ 30,173,371 $ 21,819,394

Section 38. Teachers' Retirement System.

Budget Unit: Teachers' Retirement

System ....................................................... $3,537,500

Departmental Operations Budget:

Personal Services................................................. $2,785,099

Regular Operating Expenses......................................... $286,917

Travel ............................................................. $26,000

Equipment ......................................................... $14,275

Computer Charges ............................................... $1,017,619

Real Estate Rentals ................................................ $309,375

Telecommunications ................................................ $110,368

Per Diem, Fees and Contracts .......

$336,000

Cost-of Living Increases for Local

Retirement System Members .................................... $2,700,000

Floor Fund for Local

Retirement Systems .............................................. $837,500

Post Retirement Benefit

Increases for Retirees .............................................. $--0--

Total Funds Budgeted ............................................ $8,423,153

State Funds Budgeted ............................................ $3,537,500

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Section 39. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education ........................................ $128,138,956 Department of Technical and Adult Education Budget: Personal Services................................................. $3,665,201 Regular Operating Expenses......................................... $327,613 Travel ............................................................ $117,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $44,400 Computer Charges ............................................... $1,838,216 Real Estate Rentals ................................................ $398,000 Telecommunications ................................................. $56,185 Per Diem, Fees and Contracts ..................................... $1,017,000 Personal Services-Institutions .................................... $76,414,987 Operating Expenses-Institutions .................................. $10,872,006 Capital Outlay ................................................... $8,284,519 Quick Start Program ............................................. $6,029,286 Area School program ............................................ $27,116,806 Regents Program................................................. $2,709,714 Adult Literacy Grants ............................................ $7,008,143 Total Funds Budgeted .......................................... $145,899,076 State Funds Budgeted .......................................... $128,138,956

Institutions Functional Budgets

Administration Institutional Programs Total

Total Funds $ 7,463,615 $ 138,435,461 $ 145,899,076

State Funds $ 6,334,024 $ 121,804,932 $ 128,138,956

Section 40. Department of Transportation. Budget Unit: Department of Transportation .............................................. $656,474,194 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operation Budget: Personal Services............................................... $218,651,528 Regular Operating Expenses...................................... $52,471,244 Travel .......................................................... $1,718,000 Motor Vehicle Purchases.......................................... $1,020,000 Equipment ...................................................... $5,986,095 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

MONDAY, FEBRUARY 12, 1990

1091

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 Paving at State Facilities Total

Total Funds

$ 553,325,560

$ 192,098,526

$ 8,209,064

$ 9,317,013

$ 20,828,610

$

900,000

$ 784,678,773

General Funds Budget Grants to Municipalities

Total Funds
$ 9,317,000

Paving at State and Local Schools and State Institutions
Air Transportation

$

750,000

$ 2,450,166

Inter-Modal Transfer Facilities

$ 15,022,114

Harbour Maintenance Activities

1,263,500

Planning and Construction

136,651,666

Maintenance and Betterments

40,000,000

Total

205,454,446

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 Expenses/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 .................

..... $--0--
. $45,741,427 $990,133,219 $656,474,194

State Funds

$ 252,402,839

$ 181,021,908

$ 7,548,964

$ 9,317,013

$ 20,157,610

$

900,000

$ 471,348,334

State Funds

$

317,000

$

750,000

$ 1,180,166

$ 4,963,528

$ 1,263,500 $ 136,651,666 $ 40,000,000 $ 185,125,860

$19,657,253
. $4,692,023 . . . $111,080 ... $89,000 .... $--0-- . . . . $67,100 .... $6,500 . . . $223,102 ... $60,000 ... $41,700 ... $-0-
$12,665,369
. $5,721,230
. . . $271,000 $23,948,104 $19,657,253

1092

JOURNAL OF THE SENATE

Veteran Service Functional Budgets

Total Funds

Veterans Assistance

$ 5,239,905

Veterans Home and Nursing Facility--Milledgeville

$ 12,877,969

Veteran Nursing Home--Augusta
Total

$ 5,830,230 23,948,104

State Funds $ 5,012,097
$ 10,146,926
4,498,230 19,657,253

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ........................................................ $8,069,365
Operations Budget: Personal Services................................................. $6,489,795 Regular Operating Expenses......................................... $297,625 Travel ............................................................. $65,250 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $21,715 Computer Charges ................................................. $328,305 Real Estate Rentals ................................................ $608,000 Telecommunications ................................................ $103,695 Per Diem, Fees and Contracts ....................................... $179,980 Georgia Crime Victims Assistance Program................................................ $50,000 Total Funds Budgeted ............................................ $8,144,365 State Funds Budgeted ............................................ $8,069,365

Section 43. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund .................................................. $353,931,706 General Obligation Debt Sinking Fund for issues prior to December 31, 1989 ............................... $306,431,706 General Obligation Debt Sinking Fund for proposed issues described in Section 75 ......................... $47,500,000 State Funds Budgeted .......................................... $353,931,706

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 appellant 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

MONDAY, FEBRUARY 12, 1990

1093

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 12, Department of Agriculture. It is the intent of this General Assembly that the $3,000,000 appropriated to the De partment of Agriculture for the Boll Weevil Eradication Program be utilized solely for the purpose of paying $10 per acre of the $35 per acre fee to be paid by Georgia cotton growers participating in the 1990 Cotton Boll Weevil Eradication Program. In the event the applica tion total exceeds the availability of funds, approved payments shall be made on a pro-rata basis.
Section 51. Provisions Relative to Section 15, Department of Corrections. The Department of Corrections is authorized to utilize available funds to obtain, im prove and begin operations of a correctional facility in Clinch County, Georgia.
The Department of Corrections is authorized to utilize available funds to enlarge its egg production facilities.
The Commissioner of the Department of Corrections is instructed and authorized to negotiate for lower sewer and water rates at facilities for which the department is bearing the cost of impact fees.
Section 52. Provisions Relative to Section 17, State Board of Education-Department of Education.
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

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JOURNAL OF THE SENATE

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 Regional Development Commission area served, subject to the provisions that each RESA has implemented the State Board of Edu cation's policy concerning the composition of the Board of Control of each RESA, has im plemented the uniform statewide needs program, and has the commitments of each antici pated member system to contribute at least the same equivalent amount during SFY 1990 that it contributed 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 advanced 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 53. Provisions Relative to Section 22, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and 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
$151 229 273 322 369 400 433 459 484 517 554

It is the intent of this General Assembly to maintain, as a minimum, the same level of

MONDAY, FEBRUARY 12, 1990

1095

direct treatment staff in the extended care and forensic programs of each MH-MR-SA insti tution for fiscal year 1990 that was authorized in fiscal year 1987.
Section 54. Provisions Relative to Section 24, Department of Insurance. Provided that the Department of Insurance is authorized to transfer other object class surpluses in a total amount not to exceed $250,000 to Computer Charges for a contract with the Department of Administrative Services or a private provider without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
Section 55. Provisions Relative to Section 28, Merit System of Personnel Administra tion. 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%) of salaries for the first nine months of State Fiscal Year 1990, and shall not exceed seven percent (7%) of salaries for the final three months of such fiscal year.
Section 56. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized 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 Regional Development Commissions which employ Preservation Planners as of July, 1989.
Section 57. Provisions Relative to Section 30, Department of Public Safety. The Geor gia Police Academy if authorized to employ two drug police instructors utilizing federal funds.
Section 58. 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 Per sonal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropria tions act applies. Such transfers shall not require approval of either 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 59. Provisions Relative to Section 34, Department of Revenue. From the appro priation in Section 34 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.
Section 60. Provisions Relative to Section 39, Department of Technical and Adult Edu cation. None of the State funds appropriated in Section 39 may be used for the purpose of

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planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Section 61. Provisions Relative to Section 40, 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 40 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 62. 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 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn form debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund
Section 64. Each State agency utilizing xerographic reproducing equipment shall main tain 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.

MONDAY, FEBRUARY 12, 1990

1097

Section 65. 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 and 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 66. To the extent to which Federal funds become available in amounts in excess 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.
It is the intent of this General Assembly that unexpended appropriations to the Georgia General Obligation Debt Sinking Funds at June 30, 1990, be reserved for payment of Gen eral Obligation Debt in the succeeding State Fiscal Year.
Section 67. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine ex penditures as contemplated in this Appropriations Act.
Section 68. 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 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 70. 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 available for their use, including but not limited to the Georgia Interactive Statewide Telecommunica tions Network either directly or indirectly.
Section 71. 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 paya ble 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. 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

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department, 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 72. (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, as amended, 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 transferred 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 with out the prior approval 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 Appropriations Committees of the Senate and House of Representatives of all in stances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, 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 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classi fication 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 74. 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 75. Provisions Relative to Section 43 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 43 for "State of Georgia General Obligation Debt Sinking Fund", 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), $3,375,000 is specifically appropriated for the purpose of financing equipment, furnishings, repairs and renovations for teaching institutions of the

MONDAY, FEBRUARY 12, 1990

1099

Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,500,000 in principal amount of Gen eral Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $11,395,000 is specifically appropriated for the pur pose of financing educational facilities for county and independent school systems through the State Board of Education, to wit: unfunded capital outlay for incentive advanced fund ing for local school systems, through the issuance of not more than $45,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $29,355,000 is specifically appropriated for the pur pose of financing penal and correctional facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $117,420,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,375,000 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 sewer systems, through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt.
Section 76. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1990 .......................................... $7,643,807,302
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."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. 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 1288.

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 Clay Coleman Dawkins

Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner

Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Olmstead

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Parker Peevy PPoerllrayrd
Ragan of 10th Ragan of 32nd

Ray Scott of 2nd SShcoutmt aokfe36th
Starr Stumbaugh

Tate Taylor ,,T.immons
Turner Tysinger

Those voting in the negative were Senators:

Burton Collins

Newbill

Phillips

Not voting were Senators Langford and Walker.

On the motion, the yeas were 50, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1288.

Senator Newbill of the 56th moved that the Senate reconsider its action in adopting the Conference Committee report on HB 1288.

On the motion, the yeas were 6, nays 41; the motion was lost, and the Conference Com mittee report on HB 1288 was not reconsidered.

The following general bills of the House and Senate, favorable reported by the commit tees, were read the third time and put upon their passage:

HB 1214. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
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 change the provisions relating to representation of the petitioner by the district attorney.
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 Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols

Edge Egan 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 Scott of 2nd Scott of 36th Shumake

MONDAY, FEBRUARY 12, 1990

1101

Starr Stumbaugh Tate

Taylor Timmons

Turner Tysinger

Those not voting were Senators:

Baldwin

Ray

Langford

Walker

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1470. By Representatives Colwell of the 4th, Twiggs of the 4th, Irwin of the 13th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of Official Code of Georgia Annotated, relating to State symbols, so as to designate "The Reach of Song" as the official state historic drama.
Senate Sponsor: Senator Foster of the 50th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen rannon
r(T jUa Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Engram Fincher Foster Fuller
Gillis Hammill Harris Howard Muggins Johnson Kennedy Kidd Land

McKenzie Newbill Parker Peevy Perry Pollard
Ragan of 32nd Scott of 2nd Shumake Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Baldwin Garner Langford
Olmstead

Phillips Ragan of 10th Ray

Scott of 36th Taylor Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1232. By Representatives Cheeks of the 89th, Parham of the 105th, Brown of the 88th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation.
Senate Sponsor: Senator Pollard of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill

Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Baldwin Langford

Phillips Ray

Walker

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 668. 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 Senate Committee on Human Resources offered the following substitute to SB 668:

A BILL
To be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, so as to change the provisions relating to

MONDAY, FEBRUARY 12, 1990

1103

definitions; to change the provisions relating to reciprocity; to change the provisions relating to requirements for licensure in professional counseling and social work; to change certain provisions relating to the practice of social work; to change provisions restricting the use of certain terms; 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 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, is amended by striking paragraph (5) of Code Section 43-10A-3, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(5) 'Direction' means the ongoing administrative overseeing by an employer or supe rior of a specialty practitioner's work. The person providing direction shall be responsible for assuring the quality of the services rendered by that practitioner and shall ensure that qualified supervision or intervention occurs in situations which require expertise beyond that of the practitioner. Direction may be provided by any person acceptable to the stan dards committee for that specialty in which the practitioner is working."
Section 2. Said chapter is further amended by striking Code Section 43-10A-10, relating to reciprocity, and inserting in its place a new Code section to read as follows:
"43-10A-10. The board may issue a license without examination to any applicant li censed in a specialty under the laws of another jurisdiction having requirements for licen sure in that specialty which are substantially equal to the licensure requirements for that specialty in this state."
Section 3. Said chapter is further amended by striking paragraphs (2) and (3) of subsec tion (a) of Code Section 43-10A-11, relating to requirements for licensure in professional counseling, and inserting in their place the following paragraphs:
"(2) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and two years of post-master's directed experience with at least one of those two years under supervision in a setting acceptable to the board; or
(3) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and four years of post-master's directed experience with at least one of those four years under supervision in a setting acceptable to the board. Up to one year of such directed experience may have been in an approved practicum placement as part of the degree program."
Section 4. Said chapter is further amended by striking subparagraph (a) (2) (B) of Code Section 43-10A-12, relating to requirement for licensure in social work, and inserting in its place a new subparagraph to read as follows:
"(B) As defined by the board, four years' full-time supervised experience under direc tion in the practice of social work following granting of the master's degree, except that one year of such experience may have been in an approved practicum placement as part of a degree program. A doctoral degree in a specialty, an allied profession, or child and family development may substitute for one year of such experience. At least one year of experience shall have occurred within two years immediately preceding application for licensure as a clinical social worker, or the applicant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application."
Section 5. Said chapter is further amended by striking subsection (b) of Code Section 43-10A-12, relating to requirements for licensure in social work, and inserting in its place a new subsection to read as follows:
"(b) Licensed master's social workers may render or offer to render to individuals, couples, families, groups, organizations, governmental units, or the general public service which is guided by knowledge of social resources, social systems, and human behavior. They may provide evaluation, prevention, and intervention services which include but are not

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restricted to community organization, counseling techniques, and supportive services such as administration, direction, consultation, research, or education. The first two years of their practice after licensure as a master's social worker shall be under direction and may only be in a work setting acceptable to the board."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 43-10A-21, relating to restrictions on the use of certain terms, and inserting in its place a new subsection to read as follows:
"(a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under sub section (a) of Code Section 43-10A-7 or the term 'professional counseling,' 'social work,' or 'marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty regu lated under this chapter, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (2), (3), (7), (9), or (11) of subsection (b) of Code Section 43-10A-7, is licensed under this chapter."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th offered the following amendment:

Amend the substitute to SB 668 offered by the Senate Committee on Human Resources by striking lines 24-32 of page 3 and by striking lines 1-20 of page 4 and by renumbering Sections 6, 7 and 8 as Sections 5, 6 and 7.

On the adoption of the amendment, the yeas were 42, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 41, 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 Barnes Bowen Brannon
roun urton pCo,lyeman Collins Dawkins Deal Dean Echols Edge Egan

English Engrain Fincher Foster Fuller
Garner Gillis Hamm. ill Harns Howard Huggins Johnson Kennedy Kidd Land

Newbill Olmstead Peevy perry Pollard
Ragan of 10th Ragan of 32nd Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

MONDAY, FEBRUARY 12, 1990

1105

Those not voting were Senators:

Baldwin Barker
Langford McKenzie

Parker Phillips Ray

Scott of 36th Shumake Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 1:10 o'clock P.M. , the President announced that the Senate would stand adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 13, 1990
Twenty-sixth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. 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 Phillips of the 9th moved that the Senate reconsider its action of February 12 in defeating the following resolution of the Senate:

SR 285. By Senators Phillips of the 9th, Collins of the 17th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for special investigative grand juries which shall have jurisdiction in special districts in cases involving violations of criminal law relating to controlled substances or other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special in vestigative grand juries; to provide for the submission of this amendment for rat ification or rejection.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Brannon Burton
EEcdhg[oeTls
Engram Garner

Hammill Huggins Johnson
XNPTh8ei"wl!lbi-pi,ls,l
Ragan of 10th Ragan of 32nd

Scott of 2nd Scott of 36th Shumake
STtauvmlobraug6 h
Turner Tysinger

Those voting in the negative were Senators:

Allgood Barker Fincher

Fuller Harris Kidd

Pollard Ray Tate

Those not voting were Senators:

Baldwin Barnes Bowen Broun Clay Coleman Dawkins Deal

Dean Egan English Foster Gillis Howard Kennedy Langford

McKenzie Olmstead Parker Peevy Perry Starr Timmons Walker

On the motion, the yeas were 23, nays 9; the motion prevailed, and SR 285 was recon sidered and placed on the Senate General Calendar.

TUESDAY, FEBRUARY 13, 1990

1107

Senator Garner of the 30th moved that the Senate reconsider its action of February 12 in defeating the following resolution of the Senate:
SR 329. By Senators Garner of the 30th, Harris of the 27th, Timmons of the llth and others:
A resolution proposing an amendment to the Constitution so as to provide that no county or municipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expendi ture of funds except under certain conditions; to provide that except under cer tain conditions the General Assembly may not enact, amend, or repeal any gen eral law if the anticipated effect of doing so would be to reduce the authority that counties and municipalities have to raise revenues; to provide for the submission of this amendment for ratification or rejection.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bwen Brannon BBruorutonn
Collins
Echols Edge
Engram

Fincher Garner Hammill Harris Huggins Johnson KKeidndnedy
Land
Newbill Olmstead
Parker

Those voting in the negative were Senators:

Perry Phillips Pollard Ragan of 10th R of 32nd ,, TM Shuymak, e
Stumbaugh
Taylor Turner
Tysinger

Egan

Fuller

Tate

Foster

Those not voting were Senators:

Barnes Clay Coleman Dawkins Deal
Dean

English Gillis Howard Langford McKenzie
Peevy

Scott of 2nd Scott of 36th Q. btarr Timmons
Walker

On the motion, the yeas were 35, nays 4; the motion prevailed, and SR 329 was recon sidered and placed on the Senate General Calendar.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

1108

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1771. By Representatives Watts of the 41st and Murphy of the 18th: A bill to repeal the "Paulding County Water Authority Act," to abolish the Paulding County Water Authority.
HB 1772. By Representative Watts of the 41st: A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to expand the corporate limits of the city.
HB 1773. By Representative Lord of the 107th: A bill to amend an Act providing a new charter for the City of Wrightsville, so as to change the corporate limits of the city.
HB 1776. By Representatives Isakson of the 21st, Thompson of the 20th, Vaughan of the 20th, Howren of the 20th, Atkins of the 21st and others: A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
HB 1777. By Representative Poag of the 3rd: A bill to amend an Act creating a new charter for the City of Cohutta, so as to consolidate and redefine the various annexations of the City of Cohutta into a single corporate limit description.
HB 1778. By Representatives Padgett of the 86th, Connell of the 87th, Cheeks of the 89th and Brown of the 88th: A bill to repeal an Act creating the Oak Ridge Water and Sewerage Authority.
HB 1355. By Representatives Green of the 106th, Watson of the 114th, Kilgore of the 42nd, Ricketson of the 82nd and Smith of the 156th: A bill to amend Code Section 40-8-27 of the Official Code of Georgia Annotated, relating to the requirement for a light or flag on a projecting load, so as to require an amber light on all loads of logs projecting beyond the rear of a motor vehicle.
HB 796. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the imposition of development impact fees by municipal and county governments; to provide legislative intent; to provide definitions; to provide procedures for the adoption and implementation of such fees; to provide for credits and refunds.
HB 776. By Representative Jones of the 71st: A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change the provisions relat-

TUESDAY, FEBRUARY 13, 1990

1109

ing to alternative dates and provisions for interest and final settlements of ad valorem taxes.
HB 502. By Representatives Martin of the 26th, Oliver of the 53rd and Teper of the 46th:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Condominium Act," so as to provide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condominium associations; to prohibit the disproportionate allocation of common expenses.
HB 1409. By Representatives Poston of the 2nd, Holland of the 136th, Chambless of the 133rd and Thomas of the 69th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to adoption without the surrender or termination of parental rights, so as to require the court to make a specific finding that a parent's significant failure to communicate with or to provide support for his child was without justifiable cause as a prerequisite to adoption.
HB 1165. By Representative Groover of the 99th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support, computation of awards, and guidelines for determining the amount of an award, so as to provide that a jury is not required to specify in its verdict any specific reason or reasons for deviation from the guidelines speci fied in such Code section; to provide that the provisions of such Code section shall not constitute grounds for any modification of any award of child support made prior to July 1, 1989.
HB 1326. By Representatives Hamilton of the 124th, Pinkston of the 100th, Dunn of the 73rd, Foster of the 6th, Stancil of the 8th and others:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance for public officers and employees generally, so as to provide for liability coverage under state insurance policies, contracts of indemnity, or similar programs for certain nonprofit agen cies and their employees.
HB 1412. By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.
HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
HB 1098. By Representatives Dobbs of the 7th and Groover of the 99th:
A bill to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment except under certain specified conditions.

1110

JOURNAL OF THE SENATE

HB 1128. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an additional class of insurance; to change capital stock or surplus requirements for the qualification of an original certificate of authority; to change the minimum surplus requirements for insurers when first authorized to transact business in this state.
HB 1184. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to prohibit altering, ex punging, or destroying certain criminal records as a result of the discharge of a defendant without court adjudication of guilt; to specify that certain documents and information are not subject to certain restrictions regarding release and disclosure.
HB 1210. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administrative provisions with regard to the State Board of Workers' Compensation, so as to provide for the compensation of the chair man and members of the State Board of Workers' Compensation and the admin istrative law judges.
HB 1447. By Representatives Robinson of the 96th, McDonald of the 12th and Thurmond of the 67th:
A bill to amend Code Section 48-9-10 of the Official Code of Georgia Annotated, relating to refunds of motor fuel taxes, so as to change certain provisions regard ing refunds to certain sellers of motor fuel at retail; to authorize certain refunds as compensation to cover expenses in collecting motor fuel taxes.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 723. By Representatives Chance of the 129th, Coleman of the 118th, Cummings of the 17th, Milam of the 81st, Aaron of the 56th and others:
A resolution urging resistance to all efforts to reduce or otherwise restrict the use of certain bonds to finance essential governmental projects.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide vision standards with respect to persons who utilize bioptic

TUESDAY, FEBRUARY 13, 1990

1111

telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 717. By Senators Olmstead of the 26th, Harris of the 27th, Dean of the 31st and Barker of the 18th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority; to provide for a short title; to provide for definitions; to pro vide for the creation, composition, membership confirmation, terms of office, va cancies, officers, and expenses of the authority; to provide for perpetual existence.
Referred to Committee on Rules.
SB 718. By Senators Olmstead of the 26th, Harris of the 27th, Dean of the 31st and Barker of the 18th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority Overview Committee as a joint committee of the General As sembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee.
Referred to Committee on Rules.
SB 719. By Senator Tysinger of the 41st:
A bill to amend an Act establishing in DeKalb County districts from which mem bers of the county board of education shall be elected, as amended, so as to pro vide an expense allowance for members of the board of education; to provide an effective date.
Referred to Committee on Urban and County Affairs.
SB 720. By Senator Peevy of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
SB 721. By Senator Peevy of the 48th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife, so as to provide that crossbows will be legal for hunting wildlife under certain restrictions. Referred to Committee on Special Judiciary.
SB 722. By Senators Ragan of the 32nd, Clay of the 37th, Newbill of the 56th 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 provisions relating to the position of chief judge of the State Court of Cobb County. Referred to Committee on Urban and County Affairs.

1112

JOURNAL OF THE SENATE

SB 723. By Senators Ragan of the 32nd, Barnes of the 33rd, Newbill of the 56th and others:
A bill to amend Code Section 40-13-53 of the Official Code of Georgia Annotated, relating to release of persons arrested for certain traffic offenses upon service of a citation and complaint, so as to change the offenses for which a person may not be released. Referred to Committee on Special Judiciary.
SB 724. By Senator Tate of the 38th:
A bill to amend an Act creating a county-wide library system in Fulton County, as amended, so as to provide for a per diem allowance to be paid to certain mem bers of the board of trustees; to provide an effective date. Referred to Committee on Urban and County Affairs.
SR 436. By Senators Garner of the 30th, Howard of the 42nd, Johnson of the 47th and others:
A resolution proclaiming the first week of May as Law Related Education Week in Georgia. Referred to Committee on Rules.
SR 438. By Senators Garner of the 30th, Dean of the 31st, Baldwin of the 29th and others:
A resolution expressing displeasure at consideration by the State Personnel Board of a plan to offer state employees a mail order prescription drug program. Referred to Committee on Governmental Operations.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 502. By Representatives Martin of the 26th, Oliver of the 53rd and Teper of the 46th:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Condominium Act," so as to provide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condominium associations; to prohibit the disproportionate allocation of common expenses. Referred to Committee on Judiciary.
HB 776. By Representative Jones of the 71st: A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change the provisions relat ing to alternative dates and provisions for interest and final settlements of ad valorem taxes.
Referred to Committee on Banking and Finance.
HB 796. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the imposition of development impact fees by municipal and county governments; to provide legislative intent; to provide definitions; to provide procedures for the adoption and implementation of such fees; to provide for credits and refunds. Referred to Committee on Urban and County Affairs (General).

TUESDAY, FEBRUARY 13, 1990

1113

HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
Referred to Committee on Agriculture.
HB 1098. By Representatives Dobbs of the 74th and Groover of the 99th:
A bill to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment except under certain specified conditions.
Referred to Committee on Judiciary.
HB 1128. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an additional class of insurance; to change capital stock or surplus requirements for the qualification of an original certificate of authority; to change the minimum surplus requirements for insurers when first authorized to transact business in this state.
Referred to Committee on Insurance.
HB 1165. By Representative Groover of the 99th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support, computation of awards, and guidelines for determining the amount of an award, so as to provide that a jury is not required to specify in its verdict any specific reason or reasons for deviation from the guidelines speci fied in such Code section; to provide that the provisions of such Code section shall not constitute grounds for any modification of any award of child support made prior to July 1, 1989.
Referred to Committee on Judiciary.
HB 1184. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to prohibit altering, ex punging, or destroying certain criminal records as a result of the discharge of a defendant without court adjudication of guilt; to specify that certain documents and information are not subject to certain restrictions regarding release and disclosure.
Referred to Committee on Judiciary.
HB 1210. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administrative provisions with regard to the State Board of Workers' Compensation, so as to provide for the compensation of the chair man and members of the State Board of Workers' Compensation and the admin istrative law judges.
Referred to Committee on Industry and Labor.

1114

JOURNAL OF THE SENATE

HB 1326. By Representatives Hamilton of the 124th, Pinkston of the 100th, Dunn of the 73rd and others:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance for public officers and employees generally, so as to provide for liability coverage under state insurance policies, contracts of indemnity, or similar programs for certain nonprofit agen cies and their employees. Referred to Committee on Governmental Operations.
HB 1355. By Representatives Green of the 106th, Watson of the 114th, Kilgore of the 42nd and others:
A bill to amend Code Section 40-8-27 of the Official Code of Georgia Annotated, relating to the requirement for a light or flag on a projecting load, so as to require an amber light on all loads of logs projecting beyond the rear of a motor vehicle. Referred to Committee on Public Utilities.
HB 1409. By Representatives Poston of the 2nd, Holland of the 136th, Chambless of the 133rd and Thomas of the 69th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to adoption without the surrender or termination of parental rights, so as to require the court to make a specific finding that a parent's significant failure to communicate with or to provide support for his child was without justifiable cause as a prerequisite to adoption. Referred to Committee on Judiciary.
HB 1412. By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals. Referred to Committee on Natural Resources.
HB 1447. By Representatives Robinson of the 96th, McDonald of the 12th and Thurmond of the 67th:
A bill to amend Code Section 48-9-10 of the Official Code of Georgia Annotated, relating to refunds of motor fuel taxes, so as to change certain provisions regard ing refunds to certain sellers of motor fuel at retail; to authorize certain refunds as compensation to cover expenses in collecting motor fuel taxes. Referred to Committee on Banking and Finance.
HR 723. By Representatives Chance of the 129th, Coleman of the 118th, Cummings of the 17th and others:
A resolution urging resistance to all efforts to reduce or otherwise restrict the use of certain bonds to finance essential governmental projects. Referred to Committee on Appropriations.
HB 1771. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to repeal the "Paulding County Water Authority Act," to abolish the Paulding County Water Authority. Referred to Committee on Urban and County Affairs.

TUESDAY, FEBRUARY 13, 1990

1115

HB 1772. By Representative Watts of the 41st: A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to expand the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1773. By Representative Lord of the 107th: A bill to amend an Act providing a new charter for the City of Wrightsville, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1776. By Representatives Isakson of the 21st, Thompson of the 20th, Vaughan of the 20th and others: A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
Referred to Committee on Urban and County Affairs.
HB 1777. By Representative Poag of the 3rd: A bill to amend an Act creating a new charter for the City of Cohutta, so as to consolidate and redefine the various annexations of the City of Cohutta into a single corporate limit description.
Referred to Committee on Urban and County Affairs.
HB 1778. By Representatives Padgett of the 86th, Connell of the 87th, Cheeks of the 89th and Brown of the 88th: A bill to repeal an Act creating the Oak Ridge Water and Sewerage Authority.
Referred to Committee on Urban and County Affairs.
The following reports of standing committees were read by the Secretary:
Mr. President:
The Committee on Children and Youth has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 705. Do pass by substitute. Respectfully submitted, Senator Barker of the 18th District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 623. Do pass by substitute. Respectfully submitted, Senator Foster of the 50th District, Chairman

1116

JOURNAL OF THE SENATE

Mr. President:

The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 708. Do pass.
SB 495. Do pass by substitute.
Respectfully submitted,
Senator Foster of the 50th District, Chairman

Mr. President:

The Committee on Human Resources 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 694. Do pass by substitute. HB 1053. Do pass.

HB 1226. Do pass. HB 1310. 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 bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 521. Do pass. SB 636. Do pass. HB 1349. Do pass.
Respectfully submitted,
Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Utilities 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:

SB 680. SR 410. SR 413. SR 414. HUDB 1151. HB 1181.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass.

HR 578. HR 580. ,,H,,R 5ro8o3. HR 586. HR 587-

Do pass. Do pass. D,, o pass. Do pass. Do pass.

HR 89. Do pass by substitute.

HR 684. Do pass.

Respectfully submitted,

Senator Scott of the 2nd District, Chairman

TUESDAY, FEBRUARY 13, 1990

1117

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 616. Do pass by substitute.
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 of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 706. Do pass. HB 1601. 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 442.
HB 848. HB 1402. HB 1559. HB 1712.

Do pass.
Do pass. Do pass. Do pass by substitute. Do pass.

HB 1716. Do pass. HB 1727 Do pass.
HB 1734. Do pass. HB 1735' D Pass-

HB 1715. Do pass.

HB 1737. Do pass. Respectfully submitted,
Senator Harris of the 27th District, Chairman

The following bills and resolution of the Senate and House were read the second time:

SB 531. By Senator Newbill of the 56th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the suspension, or revocation of drivers' licenses of persons who are convicted of unlawfully possessing or having under their control any con trolled substance or marijuana.

SB 681. By Senator Dawkins of the 45th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the compo sition of the board; to provide for the registration of land surveying firms, corpo rations, and other entities; to change the provisions under which registrants may use a seal.

1118

JOURNAL OF THE SENATE

HB 357. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide that an executor may be given certain powers by application, citation, and order under certain condi tions; to provide that the heirs at law, under certain conditions, may authorize the judge of the probate court to waive bond of an administrator and grant cer tain powers.
HB 1149. By Representative Alien of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, fire men, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".
HB 1200. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons con victed of possession of a controlled substance or marijuana; to provide for report ing of suspensions to the Department of Public Safety.
HB 1435. By Representatives Twiggs of the 4th and Coleman of the 118th:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant certain law enforcement jurisdiction over highway safety rest areas to the Uniform Division.
HR 692. By Representatives Lawson of the 9th, Ware of the 77th, Griffin of the 6th and others:
A resolution creating the Joint Outpatient Drug Treatment Study Committee.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barker
Barnes Bowen Brannon
p,roun Coleman Collins Dawkins rjean Echols Edge Egan English Engram

Fincher Foster Fuller Garner
Gillis Hammill Harris
Howard u^ ins 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 Tate Taylor Timmons Turner Tysinger

TUESDAY, FEBRUARY 13, 1990

1119

Those not answering were Senators:

Burton Deal

Langford

Walker

Senator Fincher of the 54th introduced the chaplain of the day, Reverend Michael H. Long, pastor of Mt. Vernon Methodist Church, Rocky Face, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 437. By Senators Hammill of the 3rd, Echols of the 6th, Kennedy of the 4th and others:
A resolution commending Dr. John W. Teel.

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
Tuesday, February 13, 1990
TWENTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 442 Egan, 40th Newbill, 56th Langford, 35th Engram, 34th Scott, 36th Tate, 38th Shumake, 39th Fulton County
Changes the provisions relating to the selection of the chairman of the Board of Commissioners of Fulton County, and provides for the election of the chairman by the qualified electors of the county.

HB 848 Clay, 37th Ragan, 32nd Barnes, 33rd Newbill, 56th Cobb County City of Marietta
Provides for the levy of an ad valorem tax of not more than 20 mills for the purpose of supporting and maintaining public schools.

HB 1402 Kidd, 25th Jones County
Increases the maximum amount of income for exemption from county ad valorem taxes for county purposes for residents of Jones County who are 65 years of age or older.

1120

JOURNAL OF THE SENATE

*HB 1559

Barker, 18th Houston County City of Warner Robins
Provides for the deannexation of certain property from the corporate limits of Warner Robins. (SUBSTITUTE)

HB 1712 Engram, 34th Fayette County City of Peachtree City
Changes the date of the municipal general election and provides for staggered two-year terms of office for the mayor and councilmen of the city.

HB 1715 Huggins, 53rd Chattooga County
Provides that as of a certain date the judge of the probate court shall no longer serve as chief magistrate; provides for the initial appointment of the chief magistrate by the judges of the superior courts of the Lookout Moun tain Judicial Circuit.

HB 1727 Turner, 8th Lowndes County
Repeals an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County.

HB 1734 Parker, 15th Land, 16th Muscogee County City of Columbus
Provides for procedures for filling vacancies in the office of mayor or coun cilor of the county-wide government of Columbus.

HB 1735 Clay, 37th Ragan, 32nd Barnes, 33rd Newbill, 56th Cobb County City of Marietta
Enlarges the Downtown Marietta District.

HB 1737 Ray, 19th Pulaski County
Provides for deputies and other personnel and for operating expenses for the sheriffs office.

The substitute to the following bill was put upon its adoption:

*HB 1559:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1559:

A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so

TUESDAY, FEBRUARY 13, 1990

1121

as to provide for the inclusion of certain property within the corporate limits of said city; to provide for the deannexation of certain property from the corporate limits of said city; to change the provisions relating to the election of the mayor and members of the council; to change the provisions relating to terms of office; to change the provisions relating to organi zational meetings; to change the provisions relating to the date of the regular city election; to provide for elections to be held in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, is amended by adding at the end of subsection (a) of Section 1-105 two new paragraphs to read as follows:
"Also included within the corporate limits of said city is the following described tract of land, to wit:
All that tract or parcel of land lying and being in Land Lots 139, 140, 147, and 148 of the Fifth Land District in Houston County, Georgia, and being more particularly described as follows:
Beginning at a point on the southerly right of way of Watson Boulevard (SR 247 Con nector) 350 feet westerly of the easterly line of Land Lot 147; thence in a westerly direction along the southerly right of way of said Watson Boulevard to a point where the southerly right of way of said Watson Boulevard intersects with the westerly right of way of Carl Vinson Parkway; thence in a northerly direction along the extension of the westerly right of way of said Carl Vinson Parkway to a point where westerly right of way of said Carl Vinson Parkway intersects with the northerly right of way of Watson Boulevard; thence in an east erly direction along the northerly right of way of said Watson Boulevard to a point 350 feet westerly of the easterly line of Land Lot 148; thence in a southerly direction along a line parallel to the easterly lines of Land Lots 148 and 147 to a point, being the point of beginning.
The following described property shall be deannexed from and shall not be included within the corporate limits of the City of Warner Robins, to wit:
All that tract or parcel of land lying and being in Land Lots 95 and 96 of the Fifth Land District in Houston County, Georgia, and being more particularly described as follows:
BEGINNING at a point where the northerly boundary of Watson Boulevard (SR 247 Connector) intersects with the common line between Land Lots 95 and 114; thence in a westerly direction along the northerly boundary of said Watson Boulevard to a point 50 feet westerly and parallel to the common line between said Land Lots 95 and 114; thence in a northerly direction along a line 50 feet westerly and parallel to the common lines between Land Lot 96, 96, 113 and 114 to a point on the southerly boundary of West Church Street; thence in an easterly direction along the southerly boundary of West Church Street to a point on the common line between Land Lots 96 and 113; thence in a southerly direction along a common line between Land Lot 95, 96, 113 and 114 to a point on the northerly boundary of said Watson Boulevard, said point being the point of beginning."
Section 2. Said Act is further amended by striking Section 2-101 in its entirety and inserting in lieu thereof a new Section 2-101 to read as follows:
"Section 2-101. The legislative authority of the government of the City of Warner Rob ins, except as otherwise specifically provided in this charter, shall be vested in the mayor and six city council members. The mayor and council members shall be elected in the man ner provided by this charter."
Section 3. Said Act is further amended by striking Section 2-401 in its entirety and inserting in lieu thereof a new Section 2-401 to read as follows:
"Section 2-401. Organizational meeting, (a) The mayor and council members shall be sworn in upon the date they assume their offices. The mayor and council shall meet for

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organization on the first Monday in December following each regular municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday; pro vided, however, that, subsequent to the members' being elected to the council at the general municipal election in 1995, the mayor and council members shall meet for organization on the first regular business day in January, 1996, and on such date biennially thereafter fol lowing such general municipal elections.
(b) The newly elected or reelected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by a judge of the Supe rior Court of Houston County:
'I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of "Mayor or Council Member," as the case may be, by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Warner Robins and the common interest thereof. I do further solemnly swear or affirm that I am otherwise qualified to hold said office according to the Constitutions of the United States of America and the State of Georgia and the Charter of the City of Warner Robins, and I will support the Constitutions of the United States of America and the State of Georgia.'
(c) At the organizational meeting provided for in subsection (a) of this section, the newly reorganized mayor and council shall make all appointments and selections as may be required by this charter or by ordinance.
(d) A special meeting may be called to install any member elected by a special election or otherwise appointed to the council."
Section 4. Said Act is further amended by striking Section 3-101 in its entirety and inserting in lieu thereof a new Section 3-101 to read as follows:
"Section 3-101. Application of general laws. All municipal general or special elections and primaries 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 5. Said Act is further amended by striking Section 3-102 in its entirety and inserting in lieu thereof a new Section 3-102 to read as follows:
"Section 3-102. Regular elections, time for holding; specifying post, (a) The mayor and council members serving on the effective date of this section shall continue to serve out the terms of office to which they were elected.
(b) (1) An election for council member Posts 2, 4, and 6 shall be held on the Tuesday after the first Monday in October, 1990, and the members elected to Posts 2, 4, and 6 shall take office on the first Monday in December following the municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday for terms of office which expire December 31, 1995. Successors to said council members elected to Posts 2, 4, and 6 shall be elected at the general municipal election held on the Tuesday next following the first Monday in November in 1995 and on such day quadrennially thereafter, and such successors shall take office on the first day of January following their election for terms of office of four years.
(2) An election for mayor and council member Posts 1, 3, and 5 shall be held on the Tuesday after the first Monday in October, 1992, and the mayor and members elected to Posts 1, 3, and 5 shall take office on the first Monday in December following the municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday, for terms of office which expire December 31, 1997. Successors to said council mem bers elected to Posts 1, 3, and 5 shall be elected at the general municipal election held on the Tuesday next following the first Monday in November in 1997 and on such day qua drennially thereafter, and such successors shall take office on the first day of January follow ing their election for terms of office of four years.
(c) There shall be established for municipal general elections six posts numbered 1, 2, 3, 4, 5, and 6. Every person who offers for nomination or election as a council member shall

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designate and qualify with the proper authority for a specific post by designating the post of his or her choice to seek nomination or election to such post and none other. All election authorities, when conducting general elections for nomination or election as council mem bers, shall conduct such election so that candidates will qualify and run for specific posts as though such post were each separate from the others and as separate contests.
(d) The mayor and council members must each receive a majority of the votes cast in order to be elected to the office or post for which they are candidates. In the event that no candidate receives a majority of the votes cast in a particular race, the two candidates re ceiving the highest number of votes shall participate in a run-off election which shall be held 14 days after the date of the general election."
Section 6. 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:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Dawkins Deal Dean Echols Edge

English Engram Foster Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger

Those not voting were Senators:

Coleman Coiling Egan Fincher

Fuller Howard Langford Phillips

Shumake Timmons Walker

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 1559, having received the requisite constitutional majority, were passed.

HB 1559, having received the requisite constitutional majority, was passed by substitute.

Senator Newbill of the 56th moved that the following bill of the Senate be withdrawn

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from the Senate Committee on Special Judiciary and committed to the Senate Committee on Judiciary:
SB 438. By Senators Newbill of the 56th, Echols of the 6th and Collins of the 17th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for mandatory drug and alcohol rehabilitation programs and community service and the suspension of drivers' licenses of juveniles found to have committed certain delinquent acts or status offenses; to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change the provisions relating to per sons not to be issued drivers' licenses.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 438 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Judiciary.
Senator Dawkins of the 45th moved that the following bill of the House be withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Industry and Labor:
HB 1555. By Representatives Jackson of the 9th, Jackson of the 83rd, Barnett of the 10th and Harris of the 84th:
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 create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1555 was with drawn from the Senate Committee on Public Safety and committed to the Senate Commit tee on Industry and Labor.
Senator Deal of the 49th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Industry and Labor:
HB 1168. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th and others: A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance.
On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 1168 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Industry and Labor.
Senator Deal of the 49th moved that the following bill of the Senate be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Industry and Labor:
SB 505. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others: A bill to amend Part 3 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to limitations on the payment of workers' compensa tion benefits, so as to provide that an order denying or limiting compensation to

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an employee may be entered by the administrative law judge or the board if it is determined that the employee was under the influence of a controlled substance or a dangerous drug at the time of injury or death.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 505 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Industry and Labor.
SENATE RULES CALENDAR
Tuesday, February 13, 1990
TWENTY-SIXTH LEGISLATIVE DAY
SB 524 Public Service Commission--prohibit approving tolls for phone calls, same county (Substitute) (Amendment) (Pub U--47th)
SB 389 Injured Peace Officer--regular compensation provisions (Substitute) (Pub S--13th)
SB 413 Wills--provisions on revocation by divorce (Substitute) (Judy--25th) SB 500 Drug-Free Public Work Force Act of 1990--enact (Substitute) (Judy--47th) SB 547 Two Way Left Turn Lane--designation and regulation (Substitute) (Trans--
48th)
SB 561 County Inmate--requirements for sheriff to change confinement place (Amend ment) (S Judy--45th)
SB 655 Motor Vehicle Theft Prevention Program--provide (Pub S--41st)
SB 683 Ad Valorem Tax--checks made out to county tax office (U&CA G--38th) SB 687 Cities, Counties--may sell, grant property to State (U&CA G--2nd) SB 698 Professional Counselors, Marriage Therapists Licenses--supervisor qualifications
(Gov Op--30th)
SB 700 Hearses--exempt from tinted windshield requirements (Pub S--51st) SR 281 Kaolin Parkway--designate portion of growth corridor program (Trans--20th) SR 362 Luther V. Land Bridge--designate (Trans--1st) SR 396 Senate Study Committee on Cost Display on State Publications--create
(Rules--45th)
SR 403 Social Security Taxes for State, Local Employees--urge Congress reject increase (B&F--43rd)
HB 1035 Superior Court Clerks' Retirement--benefits for clerks (Ret--33rd) HB 1235 Vehicle Length, Load--change restrictions, certain vehicles (Trans--1st) HR 582 Luther S. Colbert Memorial Bridge--designate (Trans--56th)
HB 1351 Workers' Compensation--farm employers may provide (I&L--llth) HB 1167 Pauper's Affidavit--Secretary of State prescribe form in elections (Gov
Op-25th) HB 1595 Commercial Drivers' License Fees--state employee reimbursement (Pub
S--24th)
HB 1159 Program Financed by Residential Finance Authority--exclude certain convicted drug persons (I&L--52nd)
HB 1206 Ad Valorem Assessment Review Commission--appraiser member (B&F--8th) HB 1570 Unfit Buildings--hearings in city of location (U&CA G--43rd) HB 458 Teachers Retirement--obtaining certain creditable service (Ret--llth)

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HB 1426 Workers' Compensation--written confirmation to refuse to cover risk (Amend ment) (I&L--29th) Respectfully submitted, Is/ Nathan Dean of the 31st, Chairman Senate Rules Committee
The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 524. By Senators Johnson of the 47th, Baldwin of the 29th, Harris of the 27th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.
The Senate Committee on Public Utilities offered the following substitute to SB 524:
A BILL
To be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to pro vide for toll free calls between telephones of different telephone companies operating in the same county; to provide for the amendment of the existing rate schedules; to provide for rate schedule criteria; to provide for distribution of costs and rate schedule modification; to provide an effective date; to repeal conflicting laws; and other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, is amended by adding a new Code section immediately following Code Section 46-2-25, to be designated Code Section 46-2-25.1, to read as follows:
"46-2-25.1. (a) Except as provided in subsection (b) of this Code section, on and after July 1, 1990, the commission shall not approve any rate schedule which authorizes a tele phone company subject to its jurisdiction to charge a toll for calls between two phones within the same county. Where two or more telephone companies operate in the same county, each company shall provide toll free service to calls to and from phones within the area served by the other company or companies in the county. Rate schedules approved prior to July 1, 1990, shall be amended to comply with this Code section by not later than July 1, 1991.
(b) All rate schedules approved pursuant to this Code section may be modified at the discretion of the commission upon a good and sufficient showing of geographic infeasibility by a telephone company.
(c) All rate schedules approved pursuant to this Code section shall take into account the following:
(1) The reasonable cost of providing such service to customers of the telephone com pany throughout the entire service area of such telephone company;
(2) The average annual contributions made by such telephone company to the intraLATA toll pool; and

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1127

(3) The reasonable rate of return on investment authorized in the rate schedule ap proved by the commission for such telephone company.
(d) The commission shall, on or before December 31, 1990, implement a plan whereby all telephone companies subject to its jurisdiction will provide to each telephone subscriber, in addition to its present service arrangements and the intracounty service mandated under the provisions of this Code section, expanded community of interest toll-free calling beyond county boundary lines and a reduction in intra-LATA toll rates to a level comparable to present inter-LATA toll rates."
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 Tysinger of the 41st offered the following amendment:

Amend the substitute to SB 524 offered by the Senate Committee on Public Utilities by striking from line 31 of page 2 the following:
"rates." "
and inserting in its place the following:
"rates.
(e) No plan shall require any telephone company to pay the revenues lost or expenses incurred by another telephone company to implement this plan nor shall any plan require subscribers not receiving the benefits of the plan to pay the costs thereof.'".

On the adoption of the amendment, Senator Johnson of the 47th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Brannon Broun Burton Clay Coleman Collins Dean Edge

Egan English Engram Fuller Garner Hammill Land Langford Newbill Olmstead

Parker Phillips Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Tysinger Walker

Those voting in the negative were Senators:

Albert Baldwin Barnes Bowen Dawkins Deal Echols Foster

Gillis Harris Howard Huggins Johnson Kennedy Kidd McKenzie

Peevy Perry Pollard Ragan of 10th Ray Stumbaugh Timmons Turner

Not voting were Senators Fincher and Ragan of the 32nd.

On the adoption of the amendment, the yeas were 30, nays 24, and the amendment was adopted.

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Senator Johnson of the 47th moved that SB 524 be placed on the Table.

On the motion, the yeas were 16, nays 35; the motion was lost, and SB 524 was not placed on the Table.

On the adoption of the substitute, the yeas were 52, 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 Bwen rannon
CJa Coleman Collins Dawkins Deai Dean Echols Edge Egan English

Engram Fincher Foster Fuller
Garner Gillis Hammill
Harris Howard ?u,ggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy 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 Perry.

On the passage of the bill, the yeas were 55, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Johnson of the 47th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 524.

SB 389. By Senator Bowen of the 13th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies, so as to provide that any peace officer employed by a county, municipal corpora tion, or other political subdivision of this state who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensa tion for certain periods of time.

The Senate Committee on Public Safety offered the following substitute to SB 389:

A BILL
To be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies,

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1129

so as to provide that any peace officer or firefighter employed by a county, municipal corpo ration, or other political subdivision of this state who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensation for the period of time that any such peace officer or firefighter is physically unable to perform the duties of his employment; to define a certain term; to provide certain limitations; to provide proce dures; to provide for a reduction in benefits provided by this Act when the injured peace officer or firefighter is entitled to receive workers' compensation benefits; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies, is amended by adding between Code Sections 35-1-3 and 35-1-4 a new Code Section 35-1-3.1 to read as follows:
"35-1-3.1. (a) As used in this Code section, the term:
(1) 'Firefighter' means any able-bodied person at least 18 years of age who has been duly appointed by a legally constituted fire department and who has the responsibility of preventing and suppressing fires, protecting life and property, and performing other duties enumerated in Code Sections 25-3-1 and 25-3-2.
(2) 'Peace officer' means a peace officer or law enforcement officer who is employed by a county, municipal corporation, or other political subdivision of this state and who is re quired by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order, the protection of life and property, or the detection of crime in this state or any political subdivision thereof. Such term shall include any sheriff and any full-time deputy sheriff.
(b) Any peace officer or firefighter who, on or after July 1, 1989, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compensation as provided in this Code section.
(c) Any peace officer or firefighter injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the peace officer or firefighter is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. A peace officer or firefighter other than a chief of police, sheriff, or fire chief shall be required to submit to his department head satisfactory evidence of such disability.
(d) Benefits made available under this Code section shall be subordinate to any work ers' compensation benefits for which the peace officer or firefighter is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the peace officer's or firefighter's regular compensation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senators Parker of the 15th and Bowen of the 13th offered the following amendment:
Amend the substitute to SB 389 offered by the Senate Committee on Public Safety by striking from line 16, page 2, "July 1, 1989", and inserting "July 1, 1990".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker Barnes Bowen Brannon Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan

Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie Olmstead

Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those voting in the negative were Senators:

Baldwin Clay

Newbill

Phillips

Those not voting were Senators:

Albert English Fuller

Johnson Scott of 2nd Shumake

Taylor Timmons

On the passage of the bill, the yeas were 44, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Barnes of the 33rd introduced Honorable George "Buddy" Darden, United States Representative from Georgia's District 7, and Mrs. Darden, and Congressman Darden briefly addressed the Senate.

Senator McKenzie of the 14th introduced members of the Peach County Festival Com mission seated in the gallery who were commended by SR 417, adopted previously.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 413. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to revocation and republication of wills, so as to change the provisions relating to revocation of a will by divorce; to provide that a divorce does not revoke portions of the will unrelated to the former spouse; to provide for the distribution of the interest devised or bequeathed to the former spouse.

The Senate Committee on Judiciary offered the following substitute to SB 413:

A BILL
To be entitled an Act to amend Article 4 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to revocation and republication of wills, so as to change the

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1131

provisions relating to the revocation of a will by marriage of a testator, birth of a child to a testator, or divorce; to provide for limitations and exceptions; to provide that such wills shall remain valid for certain purposes; to provide that revocation does not revive a previous executed will or codicil under certain conditions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to revocation and republication of wills, is amended by striking Code Section 53-276, relating to revocation of a will by marriage, divorce, or birth of a child, which reads as follows:
"53-2-76. Marriage of a testator, his total divorce, or the birth of a child to him, subse quent to the making of a will in which no provision is made in contemplation of such an event, shall be a revocation of the will.",
and inserting in lieu thereof a new Code Section 53-2-76 to read as follows:
"53-2-76. (a) Marriage of a testator, birth of a child to him, or his total divorce, subject to certain limitations described in this Code section, subsequent to the making of a will in which no provision is made in contemplation of such an event shall be a revocation of the will. The revocation shall be automatic and total in regard to marriage and birth of a child; however, in the event of a divorce, the will shall be construed in all respects as though the former spouse predeceased the testator, the will remaining valid and the interest devised or bequeathed to the former spouse passing as though the former spouse predeceased the tes tator, and the provisions of Code Section 53-2-103 shall not apply.
(b) When a will is revoked as provided in this Code section, such revocation does not operate to revive a previously executed will or codicil if, in the revoked will, language ap pears revoking wills or codicils theretofore made by the testator. If such language appears in the revoked will, the testator's estate passes as provided in subsection (a) of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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:

Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols English Engram

Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford

McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr

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Stumbaugh Tate

Timmons Turner

Tysinger Walker

Those voting in the negative were Senators:

Albert Allgood Baldwin

Barnes Edge Egan

Newbill Taylor

Those not voting were Senators:

Barker Brannon

Garner Howard

Scott of 36th Shumake

On the passage of the bill, the yeas were 42, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Newbill of the 56th introduced the doctor of the day, Dr. K. Andrew Goler, of Marietta, Georgia.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 500. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from public employ ment of public employees committing certain criminal offenses involving con trolled substances and dangerous drugs; to provide a short title.

The Senate Committee on Judiciary offered the following substitute to SB 500:

A BILL
To be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from public employment of public employees committing certain criminal offenses involving controlled substances and dangerous drugs; to provide a short title; to provide for legislative findings and intent; to provide for definitions; to provide for the ineligibility of certain offenders for public employ ment; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees is amended by adding at the end a new Chapter 23 to read as follows:
"CHAPTER 23
45-23-1. This chapter shall be known and may be cited as the 'Drug-free Public Work Force Act of 1990.'
45-23-2. The General Assembly finds that the manufacture, distribution, sale, or posses sion of controlled substances and other dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradicate the unlawful manufacture,

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1133

distribution, sale, and possession of controlled substances and other dangerous drugs. With this purpose in mind, the General Assembly declares that its work force must be absolutely free of any person who would knowingly manufacture, distribute, sell, or possess a con trolled substance or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this chapter.
45-23-3. As used in this chapter, the term:
(1) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of the term 'controlled substance' in paragraph (4) of Code Section 16-1321.
(2) 'Convicted' or 'conviction' refers to a final conviction in a court of competent juris diction or the acceptance of a plea of guilty or nolo contendere or affording of first offender treatment by a court of competent jurisdiction.
(3) 'Dangerous drug' means any drug or substance defined as such under Code Section 16-13-71.
(4) 'Public employee' means any person employed on a full-time, part-time, temporary, or intermittent basis by the state, including any agency, authority, department, bureau, or instrumentality thereof, or by any entity covered under the State Merit System of Personnel Administration. Such term shall also include all employees, officials, or administrators of any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.
(5) 'Public employer' means any state agency, department, board, bureau, or other in strumentality. This term also includes any agency covered under the State Merit System of Personnel Administration or any public school system, including, but not limited to, pri mary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.
(6) 'Public employment' means employment by any public employer.
45-23-4. (a) Any public employee who is convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manu facture, distribution, sale, or possession of a controlled substance or dangerous drug shall be suspended from his or her public employment for a period of not less than two months. Any such employee shall be required as a condition of completion of suspension to complete a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and ap proved by: (1) the State Personnel Board in the case of employees in the classified service of the state merit system; or (2) the public employer having management and control of the employee in the case of other public employees.
(b) Any public employee who is convicted for a second or subsequent time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance or dangerous drug shall be terminated from his or her public employment and shall be ineligible for other public employment for a period of five years from the most recent date of conviction.
45-23-5. (a) Any person who has been convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufac ture, distribution, sale, or possession of a controlled substance or dangerous drug shall be ineligible for any public employment for a period of three months from the date of conviction.
(b) Any person who has been convicted two or more times, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance or dangerous drug shall be ineligi ble for any public employment for a period of five years from the most recent date of conviction.

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45-23-6. The suspension, expulsion, and ineligibility sanctions prescribed in this chapter are intended as minimum sanctions, and nothing in this chapter shall be construed to pro hibit any public employer from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, dis tribution, sale, or possession of a controlled substance or dangerous drug.
45-23-7. Administrative procedures for the implementation of this chapter shall be promulgated by the State Personnel Board for the classified service of the state merit sys tem and by other public employers for other public employees under their management and control. Such procedures shall include those elements of due process of law required by the Constitution of Georgia and the United States Constitution.
45-23-8. This chapter shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any public employer from implementing sanctions additional to or other than those provided for in this chapter with respect to offenses committed prior to July 1, 1990."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senators Fuller of the 52nd, Peevy of the 48th, Parker of the 15th, Allgood of the 22nd and Clay of the 37th offered the following amendment:

Amend the substitute to SB 500 offered by the Senate Committee on Judiciary by strik ing lines 20 and 21, page 2, and by adding a period after the word "guilty" on line 19, page 2.

On the adoption of the amendment, the yeas were 30, nays 4, and the amendment was adopted.

Senator Fuller of the 52nd offered the following amendment:

Amend the substitute to SB 500 offered by the Senate Committee on Judiciary by ad ding a new sentence at the end of section (4) following the word "thereof on page 3, line 3, as follows:
" 'Public employee' shall also include members of the General Assembly, Constitutional Officers of this state, the Governor, Lieutenant Governor, and all popularly elected officials of this state or any political subdivision thereof."

Senator Fuller of the 52nd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Fuller of the 52nd was withdrawn.

On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Broun

Burton Clay Coleman Collins Dawkins Deal

Dean Echols Egan English Engram Fincher

TUESDAY, FEBRUARY 13, 1990

1135

Foster Garner Gillis Hammill HHuargrgisins
Johnson
Kennedy Kidd Land

Langford McKenzie Newbill Olmstead PPeeerrvyy
Pollard
Ragan of 10th Ragan of 32nd Ray

Scott of 2nd Starr Stumbaugh Tate T^,ayl,or
Timmons
Turner Tysinger Walker

Voting in the negative were Senators Fuller and Shumake.

Those not voting were Senators:

Barker Brannon Edge

Howard Parker

Phillips Scott of 36th

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 547. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking, and passing, so as to authorize the Department of Transportation and local governing authorities to designate certain lanes of a highway or street as a two way left turn only lane; to provide for the regulation and authorized use of such lanes; to pro vide for prohibited acts.

The Senate Committee on Transportation offered the following substitute to SB 547:

A BILL
To be entitled an Act to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking, and passing, so as to authorize the Department of Transportation and local governing authori ties to designate certain lanes of a highway or street as a two way left turn only lane; to provide for the regulation and authorized use of such lanes; to provide for prohibited acts; 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 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking, and passing, is amended by adding a new Code section providing for two way left turn only lanes immediately following Code Section 40-6-48, to be designated Code Section 40-6-48.1, to read as follows:
"40-6-48.1. (a) The Department of Transportation and local governing authorities are authorized to designate lanes of highways or streets as two way left turn only lanes in accor dance with the Manual on Uniform Traffic Control Devices, 1988 Edition. Any lane so desig nated shall be marked on the roadway pavement by a solid yellow line with a broken yellow line to the left of the solid yellow line, in the direction of travel, and with white left turn arrows indicating such lane is to be used only for the purpose of immediate left turns into intersecting roadways, driveways, and alleyways. Such lanes shall constitute no passing zones as defined in Code Section 40-6-46.
(b) The purpose of such lanes is to permit a vehicle to leave the left most or only

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through lane of traffic and cautiously enter and proceed in such lane for the purpose of making an immediate left turn into a road, driveway, or alleyway to the left of the vehicle's direction of travel. Movement in such lane shall be limited to the minimum distance re quired not to exceed 300 feet.
(c) Except as otherwise provided in this Code section, it shall be unlawful for any driver at any time to travel within such a lane. Such travel shall constitute driving to the left of a solid yellow pavement marking line. It shall also be unlawful for any driver to perform any of the following actions:
(1) Enter and travel in such lane and pass vehicles traveling or stopped in the through traffic lanes to its right, except that passing of such stopped vehicles at a speed not to exceed 15 miles per hour may be permitted if necessary to accomplish an immediate legal left turn; or
(2) Enter such a lane from the left side of the roadway and travel in that lane for more than 150 feet for the purpose of merging into through traffic to the right of the two way left turn only lane."
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.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Burton
~ lay ^Co,lfl.mmsan DDeeaaln Echols Edge Engram Fincher Foster Garner

Gillis Hammill Harris Howard Huggins
Johnson KT ,e.n,,nedy
Land Langford McKenzie Newbill Olmstead Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SOci ott of 36th
Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barker Brannon Broun

Dawkins Egan English

Fuller Parker Shumake

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 13, 1990

1137

SB 561. By Senator Dawkins of the 45th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that a sheriff may not change or extend the place of confinement of a county inmate except when permitted by law or as directed by a court having competent jurisdiction.

The Senate Committee on Special Judiciary offered the following amendment:

Amend SB 561 by striking lines 3 through 5 of page 1 in their entirety and inserting in lieu thereof the following:
"to provide that, subject to certain conditions, a sheriff shall not release a prisoner from his custody prior to the lawful completion of his sentence; to provide that a sheriff shall not be precluded from designating a prisoner as a trustee or from transferring a prisoner under certain conditions;".
By striking lines 4 through 10 of page 2 in their entirety and inserting in lieu thereof the following:
"(b) Subject to the provisions of this subsection and except as provided by law or as directed by a court of competent jurisdiction, a sheriff shall not release a prisoner from his custody prior to the lawful completion of his sentence. The provision shall not, however, preclude a sheriff from designating an inmate as a trustee and utilizing him in a lawful manner and, furthermore, this provision shall not preclude a sheriff from transferring a pris oner to another jail in another county if the sheriff concludes that such transfer is in the best interest of the prisoner or that such transfer is necessary for the orderly administration of the jail."

On the adoption of the amendment, the yeas were 36, 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:

Allgood Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Engram Foster Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford 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:

Albert Barker Brannon

Fincher Fuller Hammill

McKenzie Parker

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On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 655. By Senator Tysinger of the 41st:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Public Safety, so as to provide for a motor vehicle theft prevention program to be estab lished by the Commissioner of Public Safety; to provide for optional participa tion in the program by counties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Dawkins
DUGeOaiLl
Dean Echols Edge Egan English Engram Fincher

Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill 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:

Albert Allgood Barker

Brannon Hammill

Olmstead Parker

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:

SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide vision standards with respect to persons who utilize bioptic

TUESDAY, FEBRUARY 13, 1990

1139

telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes.

The House amendment to SB 448 was as follows:

Amend SB 448 as follows: Page 1--line 10 Strike the word "osteopath"; Page 2--line 14 Strike the word "osteopath" and insert "optometrist".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 448.

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 Broun Burton Clav Coleman Dawkins Deal
Dean Echols Edge
Egan Engram
Foster

Fuller Garner Gillis Harris Howard HugsTM Johnson Kennedy Kidd Land
Langford McKenzie Newbill
Peevy Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott of 36th Shumake
S_ tarr , , Stumbaugh
Tate Taylor Timmons Turner Tysinger Walker

Voting in the negative was Senator Fincher.

Those not voting were Senators:

Albert Barker Brannon

Collins English Hammill

Olmstead Parker

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 448.

SB 683. By Senators Tate of the 38th, Scott of the 36th and Shumake of the 39th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to remove the provision that makes this Code section inapplicable to any county having a population of 550,000 or more; to provide for related matters; to provide an effective date.

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:

Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Brannon Hammill

Olmstead Parker

Scott of 36th 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 do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

At 12:32 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

WEDNESDAY, FEBRUARY 14, 1990

1141

Senate Chamber, Atlanta, Georgia Wednesday, February 14, 1990
Twenty-seventh Legislative Day

The Senate met pursuant to adjournment at 9:00 o'clock A.M. and was called to order by the President.
Senator Parker of the 15th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1569. By Representative Breedlove of the 60th: A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descrip tions of the corporate boundaries; to provide for the corporate powers of the gov ernment of the City of Norcross to be exercised by the governing authority.
HB 1666. By Representatives Waddle of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.
HB 1783. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the provisions relative to terms of office and election of members of the city council.
HB 1786. 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 provisions relating to selection of the members of the board and their terms of office.
HB 1788. By Representative Smith of the 78th: A bill to amend an Act to make provisions for the Magistrate Court of Lamar County, so as to change the method of selection of the chief magistrate.
HB 1795. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change certain provisions relating to the compensation of the tax commissioner.

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HB 1796. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a new charter for the City of Conyers, so as to change the provisions relating to the election and terms of office of the mayor and council members.
HB 1805. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.
HB 1809. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.
HB 1812. By Representatives Tolbert of the 58th, Clark of the 55th, Richardson of the 52nd, Williams of the 48th, Williams of the 54th and others:
A bill to provide a new charter for the City of Stone Mountain.
HB 1545. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th, Baker of the 51st, Richardson of the 52nd and others:
A bill to provide that each resident of DeKalb County holding real property pur suant to an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation which holds such property either as owner or pur suant to a 99 year lease shall be granted an exemption from county ad valorem taxes as otherwise granted by law.
HB 1791. By Representative Harris of the 84th:
A bill to provide for a $4,000.00 homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes; to provide for a homestead exemption of $15,000.00 from all McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes for residents of Mc Duffie County and the McDuffie County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.
HB 1800. By Representative Chance of the 129th:
A bill to provide a homestead exemption from Effingham County School District ad valorem taxes of $10,000.00 for residents of said district who are 65 years of age or over.
HB 1696. By Representatives Murphy of the 18th and Beck of the 148th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to provide for an Indigent Care Trust Fund; to provide for authority; to provide for credits to and investments of trust fund moneys; to authorize contribution to the trust fund and the conditions thereof.
HB 1317. By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for a

WEDNESDAY, FEBRUARY 14, 1990

1143

new article establishing a central child abuse registry; to provide for definitions; to provide for the purpose of such registry.
HB 1318. By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to re quire medical examiners to make reports to such committees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoenas.
HB 1319. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for definitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.
HB 1708. By Representatives Kilgore of the 42nd, Watson of the 114th and Byrd of the 153rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds of local governments, so as to provide a legislative intent; to provide certain definitions; to provide that the Department of Community Af fairs may increase the amount of any notice of allocation of the state ceiling on private activity bonds under certain circumstances.
HB 1628. By Representatives Holmes of the 28th, Goodwin of the 63rd, Moultrie of the 93rd, Greene of the 130th and Stancil of the 8th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates.
HB 1632. By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," so as to delete the provisions rela tive to mandatory retirement age and forfeiture of benefits in connection therewith.
HB 1633. By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional retirement benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
HB 1710. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Ricketson of the 82nd, Griffin of the 6th and others:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to revise provisions relative to assessments against insurers which are members of

1144

JOURNAL OF THE SENATE

such association; to provide for classes of assessments and the method of com puting such assessments.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 72. By Senator Timmons of the llth:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other posi tions or offices; to change the provisions relating to retirement and disability benefits.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
HR 279. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that a political subdivision whose ad valorem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers.
HR 796. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encourage economic development and consumer availability of emerging crops and to authorize the appropriation of funds for the purposes of such emerging crops fund.
SR 306. By Senator Fincher of the 54th:
A resolution designating the Warren D. Earnest, Sr. Bridge.
SR 307. By Senator Fincher of the 54th:
A resolution designating the William Deverell, Sr. Bridge.
SR 336. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in McDuffie County, Georgia; to provide an effective date.
The House has disagreed to the Senate substitute to the following bill of the House:
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.

WEDNESDAY, FEBRUARY 14, 1990

1145

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 725. By Senator Parker of the 15th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that nursing homes shall notify residents, residents' representatives, residents' next of kin, and potential residents of the facility's violation of applicable rules and regulations and of related actions by the department; to provide for lists of nursing homes which have violated certain rules and regulations. Referred to Committee on Human Resources.
SB 726. By Senator Parker of the 15th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, so as to change the number of judges of the superior courts for certain judicial circuits; to provide for a statement of purpose. Referred to Committee on Judiciary.
SB 727. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms of the Superior Court of Glynn County in the Brunswick Circuit; to provide an effective date.
Referred to Committee on Judiciary.
SB 728. By Senator Foster of the 50th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employment of certain minors in the care and maintenance of lawns, gardens, and shrubbery if such minor is covered either by an accident and sickness insurance plan or a workers' compensation insurance plan and if certain other conditions are met. Referred to Committee on Industry and Labor.
SB 729. By Senators Allgood of the 22nd, Kennedy of the 4th, Dean of the 31st and Deal of the 49th:
A bill to amend various provisions of the Official Code of Georgia Annotated so as to provide for the effects of changes in decennial census data and changes in congressional districts with respect to the membership of various boards, com missions, and bodies. Referred to Committee on Judiciary.
SB 730. By Senators Tate of the 38th, Langford of the 35th and Engram of the 34th: A bill to provide for the creation of one or more community improvement dis tricts in Fulton County and in each municipality therein; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.
Referred to Committee on Urban and County Affairs.
SR 439. By Senator Parker of the 15th:
A resolution proposing an amendment to the Constitution so as to change the term of office of judges of the superior courts from four years to six years begin-

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JOURNAL OF THE SENATE

ning with terms of office beginning on or after January 1, 1993, and to provide that any person elected to fill a vacancy in such office shall serve for the remain der of the unexpired term of the office which is vacant; to provide for the submis sion of this amendment for ratification or rejection. Referred to Committee on Judiciary.
SR 440. By Senator Coleman of the 1st:
A resolution creating the Joint License Plate Study Committee. Referred to Committee on Transportation.
SR 442. By Senators Parker of the 15th and Land of the 16th:
A resolution creating the Columbus-Fort Benning Economic Impact Study Commission. Referred to Committee on Defense and Veterans Affairs.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1317. By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to provide for definitions; to provide for the purpose of such registry. Referred to Committee on Judiciary.
HB 1318. By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to re quire medical examiners to make reports to such committees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoenas. Referred to Committee on Judiciary.
HB 1319. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for definitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures. Referred to Committee on Judiciary.
HB 1628. By Representatives Holmes of the 28th, Goodwin of the 63rd, Moultrie of the 93rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates. Referred to Committee on Governmental Operations.

WEDNESDAY, FEBRUARY 14, 1990

1147

HB 1632. By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," so as a delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
Referred to Committee on Judiciary.
HB 1633. By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional retirement benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
Referred to Committee on Judiciary.
HB 1696. By Representatives Murphy of the 18th and Beck of the 148th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to provide for an Indigent Care Trust Fund; to provide for authority; to provide for credits to and investments of trust fund moneys; to authorize contribution to the trust fund and the conditions thereof.
Referred to Committee on Human Resources.
HB 1708. By Representatives Kilgore of the 42nd, Watson of the 114th and Byrd of the 153rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds of local governments, so as to provide a legislative intent; to provide certain definitions; to provide that the Department of Community Af fairs may increase the amount of any notice of allocation of the state ceiling on private activity bonds under certain circumstances. Referred to Committee on Urban and County Affairs (General).
HB 1710. By Representatives Ware of the 77th, Jones of the 71st, Ricketson of the 82nd and others:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to revise provisions relative to assessments against insurers which are members of such association; to provide for classes of assessments and the method of com puting such assessments. Referred to Committee on Insurance.
HR 279. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that a political subdivision whose ad valorem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers. Referred to Committee on Banking and Finance.
HR 796. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financial assistance to farmers to encourage economic

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JOURNAL OF THE SENATE

development and consumer availability of emerging crops and to authorize the appropriation of funds for the purposes of such emerging crops fund. Referred to Committee on Agriculture.
HB 1545. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th and others:
A bill to provide that each resident of DeKalb County holding real property pur suant to an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation which holds such property either as owner or pur suant to a 99 year lease shall be granted an exemption from county ad valorem taxes as otherwise granted by law. Referred to Committee on Urban and County Affairs.
HB 1569. By Representative Breedlove of the 60th:
A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descrip tions of the corporate boundaries; to provide for the corporate powers of the gov ernment of the City of Norcross to be exercised by the governing authority. Referred to Committee on Urban and County Affairs.
HB 1666. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs.
HB 1783. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the provisions relative to terms of office and election of members of the city council. Referred to Committee on Urban and County Affairs.
HB 1786. 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 provisions relating to selection of the members of the board and their terms of office. Referred to Committee on Urban and County Affairs.
HB 1788. By Representative Smith of the 78th:
A bill to amend an Act to make provisions for the Magistrate Court of Lamar County, so as to change the method of selection of the chief magistrate. Referred to Committee on Urban and County Affairs.
HB 1791. By Representative Harris of the 84th:
A bill to provide for a $4,000.00 homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes; to provide for a homestead exemption of $15,000.00 from all McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes for residents of Mc Duffie County and the McDuffie County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year. Referred to Committee on Urban and County Affairs.

WEDNESDAY, FEBRUARY 14, 1990

1149

HB 1795. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change certain provisions relating to the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1796. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a new charter for the City of Conyers, so as to change the provisions relating to the election and terms of office of the mayor and council members.
Referred to Committee on Urban and County Affairs.

HB 1800. By Representative Chance of the 129th:
A bill to provide a homestead exemption from Effingham County School District ad valorem taxes of $10,000.00 for residents of said district who are 65 years of age or over.
Referred to Committee on Urban and County Affairs.

HB 1805. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1809. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.
Referred to Committee on Urban and County Affairs.

HB 1812. By Representatives Tolbert of the 58th, Clark of the 55th, Richardson of the 52nd and others:
A bill to provide a new charter for the City of Stone Mountain. Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1177. HB 1240. HB 1252.

Do pass. Do pass. Do pass.

HB 1539. Do pass. HB 1540. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

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Mr. President:
The Committee on Corrections 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 402. Do pass. Respectfully submitted, Senator Garner of the 30th District, Chairman
Mr. President:
The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 1212. Do pass by substitute. HB 1254. Do pass by substitute.
Respectfully submitted, Senator Foster of the 50th District, Chairman
Mr. President:
The Committee on Education 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 671. Do pass by substitute. HB 1297. Do pass by substitute.
Respectfully submitted, Senator Foster of the 50th District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 603. 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 Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 477. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman

WEDNESDAY, FEBRUARY 14, 1990

1151

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 634. Do pass. SB 715. Do pass.

HB 1274. Do pass. HB 1360. Do pass as amended.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations:
SB 717. Do pass. SB 718. Do pass. SR 436. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 641. Do pass by substitute. HB 67. Do pass as amended.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Special 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 1445. 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 of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 713. Do pass.
HB 1403. Do pass.

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HB 1736. 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:

SB 495. By Senator Shumake of the 39th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to authorize each local board of education to allow any teacher to transfer from classroom teaching into a nonteaching position after 25 years of employment in the public school systems of this state; to provide that such position transfer shall be with out a reduction in salary.

SB 521. By Senator Langford of the 35th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to property subject to forfeiture for violations involving controlled sub stances, so as to provide that any forfeited money or currency which vests in a local political subdivision may be expended by the governing authority of such subdivision to provide financial assistance to any program, club, group, organiza tion, or team operating within a local public housing project.

SB 616. By Senator Barnes of the 33rd:
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 the acceptance and making of certain campaign contribu tions during legislative sessions; to provide for penalties in connection therewith; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relat ing to lobbying and registration of persons with the Secretary of State, so as to provide for definitions.

SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and Kennedy of the 4th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman.

SB 636. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, so as to provide a qualified privilege for persons, companies, or other entities engaged in news gathering and dissemination; to provide an effective date.

SB 680. By Senators Scott of the 2nd and Tysinger of the 41st:
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 and then re state the purpose and certain of the statutory terms and conditions upon which the State Properties Commission is exclusively empowered to grant a revocable license; to provide an effective date.

WEDNESDAY, FEBRUARY 14, 1990

1153

SB 694. By Senator Howard of the 42nd: A bill to amend Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assis tance Act of 1977," so as to provide for limitations upon certain allowable costs which may be reimbursed; to provide an effective date.
SB 705. By Senators Barker of the 18th, Kidd of the 25th, Starr of the 44th, Deal of the 49th and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for a consolida tion of the delivery of social services to families and children; to provide for legis lative findings; to provide for purposes of the article; to provide for definitions.
SB 706. By Senator Langford of the 35th: A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authority of any municipal corporation in this state hav ing a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to authorize the mayor to execute cer tain contracts on behalf of such municipal corporation with public or private entities.
SB 708. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and Ragan of the 32nd: A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the "Quality Basic Education Act," so as to change the provisions relating to the use of funds for staff development purposes and for professional development stipends.
SR 410. By Senators Scott of the 2nd, Coleman of the 1st and Kennedy of the 4th: A resolution authorizing and encouraging negotiations to acquire certain real property located in Chatham County, Georgia.
SR 413. By Senator Kennedy of the 4th: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.
SR 414. By Senator Kennedy of the 4th: A resolution creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas.
HB 1053. By Representatives Redding of the 50th, Wilder of the 21st, Davis of the 29th, Randall of the 101st and Clark of the 55th: A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, so as to provide for the applicability of those requirements to certain rules of the Department of Medical Assistance.
HB 1151. By Representative Watson of the 114th: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers and motor contract carriers and to determine if such mo-

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JOURNAL OF THE SENATE

tor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drug laws.
HB 1181. By Representatives Walker of the 115th, Groover of the 99th and Watson of the 114th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to prohibit the telephonic transmission of certain unsolicited commercial facsimile messages.
HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appoint ment, terms, allowances, expenses, and removal of members.
HB 1310. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-173 of the Official Code of Georgia Annotated, relating to licensing of hospices, so as to provide for separate classifications, li censes, and license requirements for different types of hospices.
HB 1349. By Representative Groover of the 99th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetu ities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created.
HB 1601. By Representative Lane of the 27th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to authorize the assessment and collection of surcharges on business license fees and occupation taxes to fund supplemental services provided within a district.
HR 578. By Representative Thompson of the 20th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia.
HR 580. By Representative Sinkfield of the 37th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia.
HR 583. By Representatives Ray of the 98th and Walker of the 115th:
A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron.
HR 586. By Representative Royal of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.

WEDNESDAY, FEBRUARY 14, 1990

1155

HR 587. By Representative Royal of the 144th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Mitchell County, Georgia.

HR 684. By Representative Couch of the 36th:
A resolution granting a nonexclusive easement for operation and maintenance of an audio visual transmission cable in, on, over, upon, across, or through property owned by the State of Georgia in Fulton County, Georgia.

The President called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Baldwin Barnes Bowen Burton Clay Collins Echols Edge Engram Fincher

Foster Hammill Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Turner

Those not answering were Senators:

Barker Brannon
BTM" Coleman Dawkins Deal
Dean

Egan English
fuller Garner Gillis Harris
Howard

Langford Rav Stumbaugh
Timmons Tysinger Walker

Senator Peevy of the 48th introduced the chaplain of the day, Reverend W. C. Corley, retired pastor of First Baptist Church, Lawrenceville, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 441. By Senator Walker of the 43rd:
A resolution commending Honorable Robert Benham and designating Saturday, February 17, 1990, as "Judge Robert Benham Day".

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Wednesday, February 14, 1990
TWENTY-SEVENTH 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 713 Edge, 28th Spalding County City of Griffin
Provides that certain property in the homestead of each resident of the city who is totally disabled or who is 62 years of age or older and who meets other income qualifications shall be entirely exempt from ad valorem taxes.

HB 1403 Barker, 18th Twiggs County
Restates and reenacts a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County.

HB 1736 Ray, 19th Pulaski County
Provides for the Board of Education of Pulaski County and consolidates and restate provisions of law relating to the board.

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 Bowen
Brannon
C,lay Coleman Collins
Dawkins Deal Echols Edge Egan

English Engram Fincher Foster Garner
s
Harris Howard Huggins
Johnson Kennedy Kidd Land Newbill

Olmstead Parker Perry Phillips Pollard
R of 1Qth
RRa6ganof32nd ay
Scott of 36th
Starr Tate Taylor Turner Tysinger

Those not voting were Senators:

Albert Broun Dean Fuller

Langford McKenzie Peevy Scott of 2nd

Shumake Stumbaugh Timmons Walker

On the passage of all the local bills, the yeas were 44, nays 0.

WEDNESDAY, FEBRUARY 14, 1990

1157

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.
SENATE RULES CALENDAR
Wednesday, February 14, 1990
TWENTY-SEVENTH LEGISLATIVE DAY
SB 687 Cities, Counties--may sell, grant property to State (U&CA G--2nd) SB 698 Professional Counselors, Marriage Therapists Licenses--supervisor qualifications
(Gov Op--30th)
SB 700 Hearses--exempt from tinted windshield requirements (Pub S--51st) SR 281 Kaolin Parkway--designate portion of growth corridor program (Substitute)
(Trans--20th)
SR 362 Luther V. Land Bridge--designate (Trans--1st) SR 396 Senate Study Committee on Cost Display on State Publications--create
(Rules--45th) SR 403 Social Security Taxes for State, Local Employees--urge Congress reject increase
(B&F--43rd) SR 285 Investigative Grand Juries--jurisdiction certain drug cases (S Judy--9th)
SR 329 City/County--not bound by general law to spend funds (Substitute) (Gov Op--30th)
SB 531 Driver's License Suspension--those possessing drugs (Substitute) (Judy--56th) SB 681 Professional Engineers--composition of board (Substitute) (I&L--45th)
HB 1207 Cities, Counties--entering multiyear installment purchase contracts (U&CA G--49th)
HB 1035 Superior Court Clerks' Retirement--benefits for clerks (Ret--33rd) HB 1235 Vehicle Length, Load--change restrictions, certain vehicles (Trans--1st) HR 582 Luther S. Colbert Memorial Bridge--designate (Trans--56th) HB 1351 Workers' Compensation--farm employers may provide (I&L--llth) HB 1167 Pauper's Affidavit--Secretary of State prescribe form in elections (Gov
Op--25th) HB 1595 Commercial Drivers' License Fees--state employee reimbursement (Pub
S--24th) HB 1159 Program Financed by Residential Finance Authority--exclude certain convicted
drug persons (I&L--52nd) HB 1206 Ad Valorem Assessment Review Commission--appraiser member (B&F--8th) HB 1570 Unfit Buildings--hearings in city of location (U&CA G--43rd) HB 458 Teachers Retirement--obtaining certain creditable service (Ret--llth) HB 1426 Workers' compensation--written confirmation to refuse to cover risk (Amend
ment) (I&L--29th) SB 679 Adoption of Certain Children--amount of Department of Human Resources fi
nancial assistance (C&Y--25th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee

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JOURNAL OF THE SENATE

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 687. By Senators Scott of the 2nd and Edge of the 28th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that the governing authorities of counties and municipal corpo rations may sell or grant real and personal property to the State of Georgia.

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 Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English

Engram Fincher 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 Starr Tate Turner Tysinger

Those not voting were Senators:

Albert Baldwin Dawkins Fuller

Garner Shumake Stumbaugh

Taylor Timmons Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 698. By Senator Garner of the 30th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Anno tated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for qualifications of certain supervisors.

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, FEBRUARY 14, 1990

1159

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan

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 Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Turner Tysinger

Those not voting were Senators:

Albert Dawkins English

Fuller McKenzie Stumbaugh

Timmons Walker

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 House was taken up for the purpose of considering the House action thereon:

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.

Senator Allgood of the 22nd moved that the Senate insist upon the Senate substitute to HB 876.

On the motion, the yeas were 31, nays 3; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 876.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general bill and resolutions of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 700. By Senator Brannon of the 51st:
A bill to amend Code Section 40-8-73.1, relating to the affixing to motor vehicles of materials which reduce light transmission through windows or windshields, so as to exempt from the requirements of said Code section certain motor vehicles owned or leased by a licensed funeral director or funeral establishment and used for the purpose of transporting dead bodies in connection with the business of the funeral director or funeral establishment.

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JOURNAL OF THE SENATE

Senator Peevy of the 48th offered the following amendment:
Amend SB 700 by adding in the title on line 8 of page 1 between the semicolon and the word "to" the following:
"to exempt motor vehicles with light reflectance material installed or applied on or before January 1, 1990;".
By striking from line 27 of page 2 the following: "or".
By striking the period and quotation marks from the end of line 34 of page 2 and in serting in lieu thereof the following:

By adding following line 34 of page 2 the following:
"(9) Any motor vehicle with light reflectance material installed or applied on or before January 1, 1990.' "

On the adoption of the amendment, the yeas were 8, nays 28, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Brannon
Burton
Coleman Collins Dawkins
Dean Echols Edge Egan

Engram 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 Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert English Fincher

Fuller Kennedy (presiding)

Scott of 36th Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 14, 1990

1161

SR 281. By Senators Gillis of the 20th and English of the 21st: A resolution designating a portion of the growth corridor program as the "Kaolin Parkway".
Senators Gillis of the 20th and English of the 21st offered the following substitute to SR 281:

A RESOLUTION
Designating a portion of the growth corridor program as the "Kaolin Parkway"; and for other purposes.
WHEREAS, there is a four-lane expressway presently under construction which is part of the Developmental Highway System of the Georgia Department of Transportation; and
WHEREAS, this highway, which will traverse the state and connect the Cities of Co lumbus and Augusta has been commonly referred to as the "Fall Line Freeway"; and
WHEREAS, Kaolin is an important mineral resource and is mined in that portion of the state between Interstate 75 and Augusta; and
WHEREAS, it is fitting that a designation be given the segment of this highway from the intersection of U.S. 80 and S.R. 57 east of Macon, Georgia, to its intersection with the Bobby Jones Expressway in Augusta, Georgia, except for that portion known as the Tom Carr Highway which will reflect one of the most important minerals of that area.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the segment of the four-lane system under construction as a part of the Developmental Highway System between the intersection of U.S. 80 and S.R. 57 east of Macon, Georgia, and its intersection with the Bobby Jones Expressway in Augusta, Georgia, except for that portion known as the Tom Carr Highway, be designated as the "Kaolin Parkway."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designat ing said highway as provided in this resolution.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of SR 281 would be suspended and placed on the Senate General Calendar.

SR 362. By Senators Coleman of the 1st, Huggins of the 53rd, Olmstead of the 26th and others:
A resolution designating the Luther V. Land Bridge.

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 Bowen Broun

Burton Clay Coleman Collins

Dawkins Deal Dean Echols

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JOURNAL OF THE SENATE

Edge Egan Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins

Johnson Land Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Albert Allgood Barker Brannon

English Fuller Kennedy (presiding) Kidd

Parker Scott of 2nd 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 resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 396. 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.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barnes Bowen Brannon
Broun TMTMn Coliins Dawkins Deal Dean Echols Egan Engram

Fincher Foster Garner Gillis Hammill
Harris Howard Huggins Johnson Land Newbill Olmstead Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker

Those not voting were Senators:

Albert Barker

Coleman Edge

English Fuller

WEDNESDAY, FEBRUARY 14, 1990

1163

Kennedy (presiding) Kidd Langford

McKenzie Parker

Scott of 2nd Timmons

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 403. By Senators Walker of the 43rd, Langford of the 35th, Kidd of the 25th and others:
A resolution urging Congress to reject the proposed increase in social security taxes for certain state and local government employees.

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 Burton Clay Collins Deal Dean Echols Edge Engram Fincher

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 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Broun Coleman Dawkins

Egan English Hammill Kennedy (presiding)

Scott of 2nd Shumake Taylor

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolution of the Senate, having been read the third time and lost on February 12, and reconsidered on February 13, was put upon its adoption:

SR 285. By Senators Phillips of the 9th, Collins of the 17th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for special investigative grand juries which shall have jurisdiction in special districts in cases involving violations of criminal law relating to controlled substances or other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special in-

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vestigative grand juries; to provide for the submission of this amendment for rat ification or rejection.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Burton Clay Collins Dawkins Deal Dean Echols Edge

Egan Engram Fincher Foster Fuller Hammill Howard Huggins Johnson Land Langford Newbill Peevy

Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those voting in the negative were Senators:

Broun Gillis Harris

Kidd McKenzie Olmstead

Pollard Ray Starr

Those not voting were Senators:

Albert Brannon Coleman

English Garner Kennedy (presiding)

Parker Scott of 2nd

On the adoption of the resolution, the yeas were 39, nays 9.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following resolution of the Senate, having been read the third time and lost on February 12, and reconsidered February 13, was put upon its adoption:

SR 329. By Senators Garner of the 30th, Harris of the 27th, Timmons of the llth and others:
A resolution proposing an amendment to the Constitution so as to provide that no county or municipality shall be bound by any general law requiring such county or municipality to spend funds or to take an action requiring the expendi ture of funds except under certain conditions; to provide that except under cer tain conditions the General Assembly may not enact, amend, or repeal any gen eral law if the anticipated effect of doing so would be to reduce the authority that counties and municipalities have to raise revenues; to provide for the submission of this amendment for ratification or rejection.

WEDNESDAY, FEBRUARY 14, 1990

1165

The substitute to SR 329 offered by the Senate Committee on Governmental Opera tions was adopted on February 12, and appears in the Journal of February 12.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Baldwin Barnes Bc-wen Brannon ^roun
"juarton Collins Dean Echols Edge Engram

Fincher Garner Gillis Hammill Harris
Howard Huggins Johnson Kidd Langford Newbill

Parker Perry Ragan of 10th Ragan of 32nd Ray
Scott of 36th Stumbaugh Tate Taylor Timmons Turner

Those voting in the negative were Senators:

Barker Dawkins Deal Egan Foster

Land McKenzie Olmstead Peevy Phillips

Pollard Scott of 2nd Starr Tysinger Walker

Those not voting were Senators:

Albert Allgood Coleman

English Fuller

Kennedy (presiding) Shumake

On the adoption of the resolution, the yeas were 34, nays 15.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Fincher of the 54th introduced the doctor of the day, Dr. Bates Bailey, of Dalton, Georgia.

The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 531. By Senator Newbill of the 56th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the suspension, or revocation of drivers' licenses of persons who are convicted of unlawfully possessing or having under their control any con trolled substance or marijuana.

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The Senate Committee on Judiciary offered the following substitute to SB 531:
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 the suspension or revocation of the drivers' licenses of persons convicted of possession of a controlled substance or mari juana; to provide for reporting of suspensions to the Department of Public Safety; to pro vide for the time of commencement of such suspensions or revocation; to provide for the periods of suspension or revocation; to provide conditions for reinstatement or return of licenses; to provide for probationary licenses; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new Article 3B to read as follows:
"ARTICLE 3B
40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 120 days. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person sub mits proof of completion of a certified assessment component and the education/interven tion component or the intensive intervention component as prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (a) or (j) of Code Section 16-13-30 shall, except as pro vided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of a certified intensive intervention component as prescribed by the Department of Human Resources and paying a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preced ing the application for such permit;
(B) Such person submits proof of completion of a licensed drug-treatment program. Such proof shall be within two years of the license suspension prior to the issuance of the

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permit. Such licensed drug-treatment program shall be paid for by the offender. The of fender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be pro hibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which orga nizations are recognized by the commissioner.
(b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (a) or (j) of Code Section 16-13-30, the court in which such convic tion is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge, but, if such plea is accepted, the penalties set forth in paragraph (1) of subsection (a) of this Code section shall be imposed. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and educational/intervention component of the First Offender DUI Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defend ant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety.
(d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required component of a DUI alcohol or drug use risk reduction program and a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not

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be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall only be reinstated as provided in this Code section.
(f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been sus pended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
(g) Notwithstanding the provisions of Code Section 15-11-38, and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in violation of subsec tion (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senators Newbill of the 56th and Collins of the 17th offered the following amendment:

Amend the substitute to SB 531 offered by the Senate Committee on Judiciary by ad ding on page 7, line 8, the following:
"Section 3. Any person who is convicted of distributing to a person under 18 years of age a controlled substance in violation of Code Section 16-13-30 or marijuana in violation of Code Section 16-13-30 shall in addition to any incarceration, fine, probation, or other pen alty imposed by the court, have his driver's license revoked permanently.", and
renumbering "Section 3." "Section 4."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Broun Burton Clay Collins Deal Dean Echols Edge Egan

Engram Fincher Foster Garner Gillis Harris Howard Johnson Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of 32nd Ray Starr Stumbaugh Taylor Turner Tysinger Walker

Those voting in the negative were Senators:

Bowen Brannon

Hammill Huggins

Parker Shumake

Those not voting were Senators:

Barker
Coleman Dawkins English

Fuller
Kennedy (presiding) Ragan of 10th Scott of 2nd

Scott of 36th Tate Timmons

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1169

On the adoption of the amendment, the yeas were 39, nays 6, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Bowen Brannon Broun Burton Clay Collins Dean Echols Edge Egan

Engram Fincher Foster Gillis Harris Howard Huggins Kidd Land McKenzie Newbill Olmstead

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Starr Stumbaugh Tate Taylor Turner Tysinger

Those voting in the negative were Senators:

Allgood Dawkins Deal

Hammill Johnson Parker

Peevy Shumake

Those not voting were Senators:

Barker Coleman English Fuller

Garner Kennedy (presiding) Langford Scott of 2nd

Scott of 36th Timmons Walker

On the passage of the bill, the yeas were 37, nays 8.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 681. By Senator Dawkins of the 45th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the compo sition of the board; to provide for the registration of land surveying firms, corpo rations, and other entities; to change the provisions under which registrants may use a seal.

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The Senate Committee on Industry and Labor offered the following substitute to SB 681:
A BILL
To be entitled an Act to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the compo sition of the board; to provide for the registration of land surveying firms, corporations, and other entities; to change the provisions under which registrants may use a seal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking Code Section 43-15-3, relating to the creation of the board, in its entirety and inserting in lieu thereof a new Code Section 43-15-3 to read as follows:
"(a) A State Board of Registration for Professional Engineers and Land Surveyors is created whose duty it shall be to administer this chapter.
(b) The board shall consist of six professional engineers, two land surveyors, and a member appointed from the public at large who has no connection with the professions of engineering and land surveying, all of whom shall be appointed by the Governor for a term of five years. Of the professional engineers appointed to the board, one shall be a structural engineer, one shall be a mechanical engineer, one shall be an electrical engineer, two shall be civil or sanitary engineers, and one shall be from any discipline of engineering. Each mem ber of the board shall be a citizen of the United States and a resident of this state.
(c) Each member shall hold office until his successor has been duly appointed and qual ified. All successors shall be appointed in the same manner as the original appointment.
(d) A vacancy on the membership of the board shall be filled by appointment by the Governor, in the same manner as the original appointment to the position vacated, for the unexpired term.
(e) Professional engineers appointed to the board shall have been engaged in the prac tice of engineering in their respective disciplines for at least 12 years and shall have been in responsible charge of important engineering work in their respective disciplines for at least five years. Land surveyors appointed to the board shall have been engaged in the practice of land surveying for at least 12 years and shall have been in responsible charge of important land surveying work for at least five years. Responsible charge of engineering or land survey ing teaching may be construed as responsible charge of important engineering or land sur veying work respectively.
(f) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
(g) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any other sufficient and just cause."
Section 2. Said chapter is further amended by striking paragraph (4) of subsection (c) of Code Section 43-15-23, relating to corporate practice, in its entirety and inserting in lieu thereof a new paragraph (4) of subsection (c) to read as follows:
"(4) The forms provided in paragraphs (1) through (3) of this subsection must accom pany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change."
Section 3. Said chapter is further amended by adding a new Code Section 43-15-23.1,

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1171

relating to the registration of land surveying firms, corporations, or other entities, to read as follows:
"43-15-23.1. (a) The practice of or offer to practice land surveying, as defined in this chapter, by individual land surveyors registered under this chapter through a firm, corpora tion, professional corporation, partnership, association, or other entity offering land survey ing services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public through individual registered land surveyors as agents, employees, officers, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, professional corporation, partner ship, association, or entity who act in its behalf as land surveyors in this state shall be registered as provided in this chapter; and further provided that said firm, corporation, pro fessional corporation, partnership, association, or entity has been issued a certificate of au thorization by the board as provided in this chapter.
(b) A firm, corporation, professional corporation, partnership, association, or other en tity desiring a certificate of authorization shall file with the board an application upon a form to be prescribed by the board and accompanied by the registration fee prescribed by the board.
(c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members of the corporation, including the principal officer or officers duly registered to practice land survey ing in this state and of an individual or individuals duly registered to practice land survey ing within this state who shall be in responsible charge of the practice of land surveying in this state by said corporation.
(2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice land surveying in this state and of an individual or individuals duly registered to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said partnership.
(3) Any firm, association, or entity which is not a corporation, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals of the firm, association, or entity duly registered to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said firm, association, or other entity.
(4) The forms provided in paragraphs (1) through (3) of this subsection must accom pany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change.
(d) (1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, associa tion, or other entity a certificate of authorization.
(2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, agents, or employees of the entity to be licensed are not persons of good character."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

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The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen Burton Clay Collins Dawkins Dean Echols Edge Egan Engrain Fincher

Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land McKenzie 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

Voting in the negative was Senator Deal.

Those not voting were Senators:

Barker Brannon Broun Coleman

English Harris Kennedy (presiding)

Langford Newbill Taylor

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 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multi-year installment purchase contracts.
Senate Sponsor: Senator Deal of the 49th.

Senator Phillips of the 9th offered the following amendment:

Amend HB 1207 by inserting on line 4 of page 1 following the word "provide" the following:
"for the inclusion of certain amounts in the calculation of the debt limitation of the county or municipality; to provide".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By striking lines 12 through 14 of page 1 and inserting in lieu thereof the following:
"amended by striking subsection (c) of Code Section 36-60-13, relating to multiyear

WEDNESDAY, FEBRUARY 14, 1990

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lease, purchase, or lease purchase contracts, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) Any contract developed under this Code section containing the provisions enumer ated in subsection (a) of this Code section shall be deemed to obligate the county or munici pality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term. Notwithstanding any other provision of this Code section, the total amount of all payments remaining unpaid under such contract, including any renewal peri ods authorized under such contract, shall constitute a debt of the county or municipality for purposes of the debt limitation of such county or municipality under Article IX, Section V of the Constitution of the State of Georgia of 1983.'
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 36-60-15 to read as follows:
'36-60-15. Each county or municipality in this".

On the adoption of the amendment, Senator Phillips of the 9th called for the yeas and nays: the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barnes ^ru" C0iiins Echols Edge

Egan Howard Land Newbill Peevy Perry

Phillips Ragan of 10th Ragan of 32nd Stumbaugh Turner Tysinger

Those voting in the negative were Senators:

Allgood Baldwin Barker Bowen Brannon Dawkins Deal Dean Engram Fincher Foster

Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Langford McKenzie Olmstead

Parker Pollard Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Walker

Those not voting were Senators:

Clay Coleman

English

Kennedy (presiding)

On the adoption of the amendment, the yeas were 19, nays 33, and the amendment was lost.

Senator Edge of the 28th offered the following amendment:

Amend HB 1207 by adding the following language to page 1, line 19, following "con sumimmated.", as follows:
"Provided however that each county or municipality shall still be subject to obtaining

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approval of such transaction by the votes of such county or municipality if such approval is required under this title."

On the adoption of the amendment, the yeas were 45, nays 4, 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 Clay Collins Dawkins Deal Dean Echols Edge Egan Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead 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 voting in the negative were Senators:

Burton

Langford

Phillips

Those not voting were Senators:

Coleman English

Kennedy (presiding)

McKenzie

On the passage of the bill, the yeas were 49, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1623. By Representatives Robinson of the 96th, Cummings of the 17th, Dover of the llth, Thurmond of the 67th and Harris of the 84th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions

WEDNESDAY, FEBRUARY 14, 1990

1175

relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.
HB 1674. By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to authorize the promulgation of regulations regarding marketing practices, compensation arrangements, and reporting practices of insurers for medicare supplement insurance policies.

The following bills of the House were read the first time and referred to committees:

HB 1623. By Representatives Robinson of the 96th, Cummings of the 17th, Dover of the llth and others:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.
Referred to Committee on Banking and Finance.

HB 1674. By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th and others:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to authorize the promulgation of regulations regarding marketing practices, compensation arrangements, and reporting practices of insurers for medicare supplement insurance policies.
Referred to Committee on Insurance.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 11:20 o'clock A.M. until 11:35 o'clock A.M.

At 11:35 o'clock A.M., the President called the Senate to order.
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 1035. By Representative Padgett of the 86th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this article or who may become eligible for benefits in the future.
Senate Sponsor: Senator Barnes of the 33rd.

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The following Memorandum, as required by law, was read by the Secretary:

MEMORANDUM

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400

TO:

The Honorable Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--House Bill 1035 (LC 10 8525) Superior Court Clerks' Retirement Fund
This bill would increase the monthly retirement benefits paid to former clerks of the superior court by approximately 43 percent per month. Clerks who have already retired or are disabled and currently draw benefits, and those clerks who will retire or become disabled in the future are eligible to receive the increased benefits provided by this bill. The monthly benefit amounts each clerk receives depend on the number of years of actual service as a clerk.

Clerks who have at least 20 years service would have their benefit increased from $840 to $1,200 per month; clerks who have at least 16 years service would get an increase from $672 to $960 per month; and clerks with at least 12 years service would receive an increase from $504 to $720 per month. Any clerk who has served more than 16 years and becomes disabled would receive an increase from $840 to $1,200 per month. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result

from the bill.

$0

(2) The amount of annual normal cost which will result from the bill. $ 881,907

(3) The employer contribution rate currently in effect (fines, forfeitures,

lawsuits and deeds).

$ 1,479,292

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 881,907

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

/s/ G. W. Hogan State Auditor

Senator Pollard of the 24th moved that he be excused from voting on HB 1035, stating that he had an interest in the results.

WEDNESDAY, FEBRUARY 14, 1990

1177

On the motion, the yeas were 38, nays 4; the motion prevailed, and Senator Pollard of the 24th was excused from voting on HB 1035.

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 Egan English Engram Foster Fuller Gillis Hammill Harris Huggins Johnson Kennedy Kidd Langford Newbill Olmstead

Parker Perry Phillips Ragan of 10th Ragan of 32nd Rrvnovy
Scott of 2nd Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Land.

Those not voting were Senators:

Fincher Garner Howard

McKenzie Peevy Pollard (excused)

Scott of 36th Taylor

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1235. By Representatives Cheeks of the 89th and Kilgore of the 42nd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
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

Bowen Brannon Broun Burton Clay

Coleman Dawkins Deal Dean Echols

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JOURNAL OF THE SENATE

Edge Egan English Engram
GGiairiinser
Hammill Harris Howard Huggins

Johnson Kennedy Kidd Land
Langford Newbill
OPelmrrvstead
Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake
Starr Stumbaugh
TTaatyelor
Timmons Turner Tysinger Walker

Those not voting were Senators:

Collins McKenzie

Parker

Peevy

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 582. By Representatives Isakson of the 21st, Campbell of the 23rd, Felton of the 22nd and others:
A resolution designating the Luther S. Colbert Memorial Bridge.
Senate Sponsor: Senator Newbill of the 56th.

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 Barnea Bowen Brannon BJro"n BCluaryton

English Engram Fincher Foster Fuller Garner gillis garns , HHuogwgairnds

Collins Dawkins Deal Dean Echols Edge Egan

Johnson Kennedy Kidd Land Langford Newbill Olmstead

Perry Phillips Pollard Ragan of i0th Ragan of 32nd Ray Scott Qf 2nd Scott of 36th oSuhumak, e
htarr Stumbaugh Tate Timmons
Turner Tysinger Walker

Those not voting were Senators:

Coleman Hammill

McKenzie Parker

Peevy Taylor

WEDNESDAY, FEBRUARY 14, 1990

1179

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1351. By Representatives Royal of the 144th, Chambless of the 133rd, Dover of the llth and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that employers of farm laborers may elect to provide coverage for in dividuals employed as farm laborers; to provide for notices to be filed with the State Board of Workers' Compensation; to authorize the State Board of Workers' Compensation to provide the manner and form of such notices.
Senate Sponsor: Senator Timmons of the llth.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan

English Engram 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 Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Edge Fincher

McKenzie Peevy

Shumake

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1167. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of cer tain pauper's affidavits and certain municipal pauper's affidavits; to change cer tain provisions relating to certification of political party candidates.
Senate Sponsor: Senator Kidd of the 25th.

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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 Brannon Broun Burton Clay Coleman Collins Dawkins Deal Echols English Engram Foster

Fuller Garner 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 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Dean Edge

Egan Fincher

Peevy Scott of 2nd

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1595. By Representatives Jackson of the 9th, Barnett of the 10th and Kilgore of the 42nd:
A bill to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and em ployees, so as to allow state departments to reimburse employees for the pay ment of application fees for commercial drivers' licenses.
Senate Sponsor: Senator Pollard of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon

Broun Burton
Clay Coleman Dawkins Deal Edge

Egan English Engram Foster Fuller Garner Gillis

WEDNESDAY, FEBRUARY 14, 1990

1181

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

Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Collins Dean

Echols Fincher

Peevy

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1159. By Representative Watson of the 114th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of a certain term; to define additional terms; to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the Georgia Residential Finance Authority.
Senate Sponsor: Senator Fuller of the 52nd.

Senator Shumake of the 39th offered the following amendment:

Amend HB 1159 by placing a period after the word "jurisdiction" on line 27, page 1, and by striking all the remainder of said sentence, and by striking lines 1 and 2, page 2.

On the adoption of the amendment, the yeas were 17, nays 20, and the amendment was lost.

Senator Shumake of the 39th offered the following amendment:

Amend HB 1159 by striking subsection (3) on lines 3 and 4, page 2.

On the adoption of the amendment, the yeas were 11, nays 39, and the amendment was lost.

Senator Shumake of the 39th moved that HB 1159 be placed on the Table.

On the motion, the yeas were 10, nays 36; the motion was lost, and HB 1159 was not placed on the Table.

Senator Scott of the 2nd moved that the Senate reconsider its action in defeating the first amendment offered by Senator Shumake of the 39th.

On the motion, the yeas were 24, nays 27; the motion was lost, and the first amendment offered by Senator Shumake of the 39th was not reconsidered.

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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 Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd

Those voting in the negative were Senators:

McKenzie Newbill Olmstead Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Timmons Turner Tysinger

Bowen Egan Land Langford

Parker Ragan of 10th Scott of 36th Shumake

Tate Taylor Walker

Not voting were Senators Brannon and Peevy.

On the passage of the bill, the yeas were 43, nays 11.

The bill, having received the requisite constitutional majority, was passed.

Senator Fuller of the 52nd gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate:

SB 531. By Senator Newbill of the 56th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the suspension, or revocation of drivers' licenses of persons who are convicted of unlawfully possessing or having under their control any con trolled substance or marijuana.

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 12:28 o'clock P.M., the President announced that the Senate would stand adjourned until 9:00 o'clock A.M. tomorrow.

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1183

Senate Chamber, Atlanta, Georgia Thursday, February 15, 1990
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 9:00 o'clock A.M. 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 by the requisite constitutional majority the following bills of the House:
HB 1764. By Representative Lane of the 27th: A bill to provide a homestead exemption for the homestead of each resident of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in the amount of $40,000.00 of its value.
HB 1821. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd: A bill to amend an Act incorporating the City of Dalton, so as to change the provisions relating to the exercise of the power of eminent domain by the city's board of water, light and sinking fund commissioners and provide for its exercise by the mayor and council.
HB 1822. By Representative Carter of the 146th: A bill to amend an Act establishing a new charter for the City of Nashville, 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 1823. By Representative Carter of the 146th: A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, 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 1824. By Representative Carter of the 146th: A bill to amend an Act incorporating the City of Ray City, 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 1825. By Representative Carter of the 146th: A bill to amend an Act providing a new charter for the Town of Enigma, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.

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HB 1828. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to authorize the governing authority of Liberty 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 1830. By Representative Murphy of the 18th:
A bill to amend an Act reincorporating and providing a new charter for the City of Tallapoosa, so as to change provisions relating to regular meetings of the Mayor and Council; to change provisions relating to the city attorney.
HB 1831. By Representative Smith of the 78th:
A bill to amend an Act providing that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse, so as to provide that such Act shall apply to certain criminal and quasi-criminal cases in the Probate Court of Butts County.
HB 1832. By Representative Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to change certain provisions relating to the supplemental salary of the chief magistrate of that court.
HB 1835. By Representatives Johnson of the 123rd, Mueller of the 126th, Hamilton of the 124th, Kingston of the 125th, Dixon of the 128th and others:
A bill to provide for the Savannah-Chatham County Anti-Drug Commission, a body corporate and politic; to authorize such commission to take such actions and do such things as it shall deem necessary and proper to deter and control, with the intent to ultimately reduce, or eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufactur ing, and growing of dangerous drugs or controlled substances.
HB 1836. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change the provisions relating to the salary and expense allowances of members of the board.
HB 1840. By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the corporate limits of the city.
HB 1841. By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the amount of compen sation of the sheriff.
HB 1844. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other members of the board.

THURSDAY, FEBRUARY 15, 1990

1185

HB 1849. By Representatives Buford of the 103rd, Pinkston of the 100th, Groover of the 99th, Birdsong of the 104th and Lucas of the 102nd:
A bill to amend Section 57 of an Act approved August 27, 1872, "An Act to amend the several Acts incorporating the City of Macon, and for other purposes."
HB 1508. By Representatives Childers of the 15th, Smyre of the 92nd, Thompson of the 20th, Smith of the 16th, McKelvey of the 15th and others:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to the public purposes for which county taxes may be levied and col lected, so as to provide for an additional authorized purpose.
HB 1548. By Representative Hanner of the 131st:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," so as to provide for the disposi tion of property of certain development authorities created prior to July 1, 1983, by constitutional amendment and which were dissolved by operation of law pur suant to a certain provision of the Constitution.
HB 1465. By Representatives Jamieson of the llth, Reaves of the 147th, Royal of the 144th, Porter of the 119th, Parham of the 105th and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that elected soil and water conservation district supervisors shall not be required to file campaign contribution disclosure reports.
HB 1342. By Representatives Lord of the 107th, Bailey of the 72nd, Bargeron of the 108th, Irwin of the 13th, Poston of the 2nd and others:
A bill to amend Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans affairs, so as to chanage the provisions relating to the loca tion of meetings of the Veterans Service Boards.
HB 1208. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure.
HB 1299. By Representative Porter of the 119th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to the exemption of certain instruments, deeds, etc., from the real estate transfer tax, so as to clarify the exemption from the real estate transfer tax of executor's deeds of assent, administrator's deeds of assent, guardian's deeds of assent, trustee's deeds of assent, deeds or other instruments carrying out the ex ercise of powers of appointment.
HB 1421. By Representatives Dover of the llth, Murphy of the 18th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund.

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JOURNAL OP THE SENATE

HB 1567. By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th and Alford of the 57th:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for governing and policing of the unincorporated areas of a county, so as to increase the fines for certain ordinance violations.
HB 1846. By Representatives Isakson of the 21st, Thompson of the 20th, Clark of the 20th, Gresham of the 21st, Wilder of the 21st and others:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Anno tated, relating to limitation on annexation by certain municipalities, so as to pro vide that certain municipalities shall be authorized to annex territories prior to July 1, 1991, upon compliance with certain conditions.
HB 1798. By Representatives Irwin of the 13th, Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons, so as to provide that a sheriff may choose to use his sheriff's distinctive license plate on his law enforcement or sheriff's vehicle.
HB 952. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to provide for the registration of tanning facilities and exemptions therefrom; to provide for applications and forms; to provide for certificates; to provide for issuance, expiration, renewal, denial, termi nation, suspension, and revocation of certificates.
HB 1562. By Representative Heard of the 43rd:
A bill to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governments to regulate the operation of motor ized carts, so as to authorize local registration and licensing of such carts.
HB 1493. By Representatives Lord of the 107th, Branch of the 137th, Barfoot of the 120th, Irwin of the 13th, McCoy of the 1st and others:
A bill to amend Code Section 48-5-48.3 of the Official Code of Georgia Anno tated, relating to a homestead exemption for disabled veterans, so as to provide that such exemption shall be extended to the veteran's unremarried surviving spouse and minor children.
HB 1430. By Representatives Mangum of the 57th, Athon of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional costs, so as to change certain provi sions relating to direct instructional costs for the kindergarten and primary grades program.
HB 1340. By Representative Smith of the 78th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to possession of marijuana and controlled substances, so as to prohibit the purchase of marijuana and controlled substances.

THURSDAY, FEBRUARY 15, 1990

1187

HB 1316. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others: A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.
HB 1546. By Representatives Byrd of the 153rd and 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 delete references to certain campsite time-share programs and the requirements and procedures relating thereto; to delete references to instrucments, statements, and time-share programs involving campsites.
HB 1337. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of Chapter 6 concerning the uniform rules of the road, so as to provide that under certain circumstances said chapter shall apply to vehicles operated on private property on which at least 100 private homes and at least two miles of streets or roads are located.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 315. By Senator Dawkins of the 45th: A resolution urging the United States Congress and the United States Depart ment of Labor to explore legislative and regulatory alternatives which will pro vide adequate administrative funds for employment and unemployment pro grams in Georgia.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 23. 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 has adopted by the requisite constitutional majority the following resolution of the House:
HR 851. By Representative Hamilton of the 124th: A resolution commending Mr. Steven Tanner and the Southeast Regional Troub led Children's Committee, Inc.
The House has adopted the report of the second Committee of Conference on the fol lowing 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,

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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 has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 442. By Representative Porter of the 119th: A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.
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 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.
The Speaker has appointed on the part of the House, Representatives Connell of the 87th, Thomas of the 69th and Coleman of the 118th.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 731. By Senator Kidd of the 25th: A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit; to provide an effective date; to repeal a specific Act.
Referred to Committee on Urban and County Affairs.
SB 732. By Senators Gillis of the 20th and English of the 21st: A bill to amend Code Section 43-30-7 of the Official Code of Georgia Annotated, relating to certification requirements and examinations for optometrists, so as to require the State Board of Examiners in Optometry to administer the examina tion for persons seeking to practice optometry at least once every six months; to provide an effective date.
Referred to Committee on Human Resources.

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SB 733. By Senators Gillis of the 20th and English of the 21st:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change the penalty for the offense of concealing the death of another person; to provide that such offense shall be a felony. Referred to Committee on Special Judiciary.
SB 734. By Senator Baldwin of the 29th:
A bill to amend Code Section 31-22-9.2 of the Official Code of Georgia Anno tated, relating to ordering HIV tests, so as to provide additional conditions under which HIV tests may be ordered without complying with certain requirements; to change certain penalty and statute of limitations provisions. Referred to Committee on Human Resources.
SB 735. By Senators Ragan of the 10th, Bowen of the 13th and Harris of the 27th:
A bill to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats, so as to provide regulations and re quirements governing subdivision plats and the transfer, sale, and offering for sale of land; to provide for filing and recording; to provide for penalties. Referred to Committee on Urban and County Affairs (General).
SB 736. By Senators Taylor of the 12th, Ragan of the 10th, Hammill of the 3rd and Echols of the 6th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that the employment and training of peace officers shall be under the Georgia Public Safety Training Center; to provide for definitions; to provide for certificates; to provide for ad ministrative hearings; to provide for qualifications; to provide for training programs. Referred to Committee on Public Safety.
SR 443. By Senators Hammill of the 3rd, Echols of the 6th and Scott of the 2nd:
A resolution directing the conveyance of certain state owned real property lo cated in Liberty County, Georgia; to provide an effective date. Referred to Committee on Public Utilities.
SR 444. By Senators Coleman of the 1st, Scott of the 2nd and Hammill of the 3rd:
A resolution designating the Mills B. Lane, Jr. Bridge. Referred to Committee on Transportation.
The following bills of the House were read the first time and referred to committees:
HB 442. By Representative Porter of the 119th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state. Referred to Committee on Banking and Finance.

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HB 952. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to provide for the registration of tanning facilities and exemptions therefrom; to provide for applications and forms; to provide for certificates; to provide for issuance, expiration, renewal, denial, termi nation, suspension, and revocation of certificates. Referred to Committee on Human Resources.
HB 1208. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure. Referred to Committee on Banking and Finance.
HB 1299. By Representative Porter of the 119th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to the exemption of certain instruments, deeds, etc., from the real estate transfer tax, so as to clarify the exemption from the real estate transfer tax of executor's deeds of assent, administrator's deeds of assent, guardian's deeds of assent, trustee's deeds of assent, deeds or other instruments carrying out the ex ercise of powers of appointment. Referred to Committee on Banking and Finance.
HB 1316. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made. Referred to Committee on Judiciary.
HB 1337. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of Chapter 6 concerning the uniform rules of the road, so as to provide that under certain circumstances said chapter shall apply to vehicles operated on private property on which at least 100 private homes and at least two miles of streets or roads are located. Referred to Committee on Public Safety.
HB 1340. By Representative Smith of the 78th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to possession of marijuana and controlled substances, so as to prohibit the purchase of marijuana and controlled substances. Referred to Committee on Judiciary.
HB 1342. By Representatives Lord of the 107th, Bailey of the 72nd, Bargeron of the 108th and others:
A bill to amend Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans affairs, so as to change the provisions relating to the location of meetings of the Veterans Service Boards. Referred to Committee on Defense and Veterans Affairs.

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HB 1421. By Representatives Dover of the llth, Murphy of the 18th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund. Referred to Committee on Industry and Labor.
HB 1430. By Representatives Mangum of the 57th, Athon of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional costs, so as to change certain provi sions relating to direct instructional costs for the kindergarten and primary grades program. Referred to Committee on Education.
HB 1465. By Representatives Jamieson of the llth, Reaves of the 147th, Royal of the 144th and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that elected soil and water conservation district supervisors shall not be required to file campaign contribution disclosure reports. Referred to Committee on Governmental Operations.
HB 1493. By Representatives Lord of the 107th, Branch of the 137th, Barfoot of the 120th and others:
A bill to amend Code Section 48-5-48.3 of the Official Code of Georgia Anno tated, relating to a homestead exemption for disabled veterans, so as to provide that such exemption shall be extended to the veteran's unremarried surviving spouse and minor children. Referred to Committee on Banking and Finance.
HB 1508. By Representatives Childers of the 15th, Smyre of the 92nd, Thompson of the 20th and others:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to the public purposes for which county taxes may be levied and col lected, so as to provide for an additional authorized purpose. Referred to Committee on Children and Youth.
HB 1546. By Representatives Byrd of the 153rd and 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 delete references to certain campsite time-share programs and the requirements and procedures relating thereto; to delete references to instru ments, statements, and time-share programs involving campsites. Referred to Committee on Industry and Labor.
HB 1548. By Representative Hanner of the 131st:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," so as to provide for the disposi tion of property of certain development authorities created prior to July 1, 1983, by constitutional amendment and which were dissolved by operation of law pur suant to a certain provision of the Constitution. Referred to Committee on Banking and Finance.

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HB 1562. By Representative Heard of the 43rd:
A bill to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governments to regulate the operation of motor ized carts, so as to authorize local registration and licensing of such carts.
Referred to Committee on Public Safety.
HB 1567. By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th and Alford of the 57th:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for governing and policing of the unincorporated areas of a county, so as to increase the fines for certain ordinance violations. Referred to Committee on Special Judiciary.
HB 1798. By Representatives Irwin of the 13th, Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons, so as to provide that a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement or sheriffs vehicle.
Referred to Committee on Public Safety.
HB 1846. By Representatives Isakson of the 21st, Thompson of the 20th, Clark of the 20th and others:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Anno tated, relating to limitation on annexation by certain municipalities, so as to pro vide that certain municipalities shall be authorized to annex territories prior to July 1, 1991, upon compliance with certain conditions. Referred to Committee on Urban and County Affairs (General).
HB 1764. By Representative Lane of the 27th:
A bill to provide a homestead exemption for the homestead of each resident of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in the amount of $40,000.00 of its value.
Referred to Committee on Urban and County Affairs.
HB 1821. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to amend an Act incorporating the City of Dalton, so as to change the provisions relating to the exercise of the power of eminent domain by the city's board of water, light and sinking fund commissioners and provide for its exercise by the mayor and council. Referred to Committee on Urban and County Affairs.
HB 1822. By Representative Carter of the 146th:
A bill to amend an Act establishing a new charter for the City of Nashville, 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.

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HB 1823. By Representative Carter of the 146th:
A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, 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 1824. By Representative Carter of the 146th:
A bill to amend an Act incorporating the City of Ray City, 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 1825. By Representative Carter of the 146th:
A bill to amend an Act providing a new charter for the Town of Enigma, 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 1828. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to authorize the governing authority of Liberty 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. Referred to Committee on Urban and County Affairs.
HB 1830. By Representative Murphy of the 18th:
A bill to amend an Act reincorporating and providing a new charter for the City of Tallapoosa, so as to change provisions relating to regular meetings of the Mayor and Council; to change provisions relating to the city attorney. Referred to Committee on Urban and County Affairs.
HB 1831. By Representative Smith of the 78th:
A bill to amend an Act providing that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse, so as to provide that such Act shall apply to certain criminal and quasi-criminal cases in the Probate Court of Butts County. Referred to Committee on Urban and County Affairs.
HB 1832. By Representative Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to change certain provisions relating to the supplemental salary of the chief magistrate of that court. Referred to Committee on Urban and County Affairs.
HB 1835. By Representatives Johnson of the 123rd, Mueller of the 126th, Hamilton of the 124th and others:
A bill to provide for the Savannah-Chatham County Anti-Drug Commission, a body corporate and politic; to authorize such commission to take such actions and do such things as it shall deem necessary and proper to deter and control, with the intent to ultimately reduce, or eliminate, the unlawful use, consumption,

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possession, sale, transfer, delivery, dispensing, handling, trafficking, manufactur ing, and growing of dangerous drugs or controlled substances. Referred to Committee on Urban and County Affairs.
HB 1836. By Representatives Dobbs of the 74th and Stencil of the 66th: A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change the provisions relating to the salary and expense allowances of members of the board.
Referred to Committee on Urban and County Affairs.
HB 1840. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1841. By Representative Ware of the 77th: A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the amount of compen sation of the sheriff.
Referred to Committee on Urban and County Affairs.
HB 1844. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other members of the board.
Referred to Committee on Urban and County Affairs.
HB 1849. By Representatives Buford of the 103rd, Pinkston of the 100th, Groover of the 99th and others: A bill to amend Section 57 of an Act approved August 27, 1872, "An Act to amend the several Acts incorporating the City of Macon, and for other pur poses," so as to provide that, notwithstanding any provision of said section, the City of Macon shall have the power and authority to lease to the Georgia State Fair, Inc., for a term of 50 years a certain described portion of Central City Park.
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 923. Do pass. HB 1366. Do pass. HB 1367. Do pass.
Respectfully submitted, Senator English of the 21st District, Chairman
Mr. President:
The Committee on Appropriations has had under consideration the following bill of the

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House and has instructed me to report the same back to the Senate with the following recommendation:
HB 577. Do pass by substitute.
Respectfully submitted,
Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Governmental Operations 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 450. Do pass by substitute.

HB 1385. Do pass by substitute.

SB 704. Do pass.

HB 1463. Do pass by substitute.

SR 438. Do pass.

HB 1628. Do pass.

Respectfully submitted,

Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Higher Education 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 644. Do pass as amended. SR 303. Do pass. HB 1225. Do pass.
Respectfully submitted,
Senator Fincher of the 54th District, Chairman

The following communication from Senator Howard of the 42nd, Chairman of the Sen ate Committee on Human Resources, was read by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
February 14, 1990
Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
I will be unable to attend the meeting of the Senate Human Resources Committee scheduled for today, at 3:30 p.m. in room 450 CAP, due to attending the Senate Insurance Committee.
I hereby authorize the Vice Chairman, Senator Tommy Olmstead, to conduct the Human Resources Committee meeting and to take up the bills on our agenda.
Sincerely,
/s/ Pierre Howard, Chairman Senate Human Resources Committee

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The following reports of standing committees were read by the Secretary:

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 1163. Do pass.
Respectfully submitted,
Senator Olmstead of the 26th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 688. Do pass by substitute. SB 695. Do pass. SB 725. Do pass by substitute.
Respectfully submitted,
Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following 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 696. Do pass.

SR 430. Do pass.

SB 716. Do pass.

HB 1557. Do pass.

SB 728. Do pass.

HB 1333. Do pass.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:
SB 434. Do pass by substitute.
Respectfully submitted,
Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill and resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 658. Do pass by substitute.

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SR 423. Do pass as amended. Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SR 432. Do pass. SB 534. Do pass. SB 714. Do pass as amended.
Respectfully submitted,
Senator Gillis of the 20th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 198.
HB 230. HB 441.
HB 539. HB 695.

Do pass.
Do pass. Do pass.
Do pass. Do pass.

HB 754. Do pass. HB 764 Do pass.
HB 769. Do pass. HB 1095- Do Pass-

HB 752. Do pass.

HB 1560. Do pass.

Respectfully submitted,

Senator Timmons of the llth 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 404. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 514. Do pass as amended. HR 585. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 720. SB 722. HB 1495. HB 1750.

Do pass. Do pass. Do pass. Do pass.

HB 1765. HB 1776. HB 1777. HB 1778.

Do pass. Do pass. Do pass. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 796. 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:

SB 477. By Senators Olmstead of the 26th, Kidd of the 25th, Walker of the 43rd and others:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, joint legal custody, and divided or alternate custody arrangements; to provide for definitions; to provide for inde pendent psychological or medical evaluations.

SB 603. By Senator Edge of the 28th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetu ities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created; to provide for reformation of a disposition which violates the uniform statutory rule against perpetuities.

SB 634. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, so as to provide for Supreme Court of Georgia approval of the disciplining of magistrates.

SB 641. By Senators Garner of the 30th and Broun of the 46th:
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 clarify the authority of peace officers employed by universities, colleges, schools, railroads, public agen cies, and public authorities, as well as officers of the state and political subdivi sions, to apply for search warrants.

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SB 671. By Senator Phillips of the 9th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certifying and classifying of professionals employed in public schools, so as to change the conditions under which the State Board of Education may grant teaching certificates to certain persons.
SB 715. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and Barnes of the 33rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such additional judge; to provide for the compensa tion, salary, and expense allowance of said judge to be paid by the State of Geor gia and the county comprising said circuit.
SB 717. By Senators Olmstead of the 26th, Harris of the 27th, Dean of the 31st and Barker of the 18th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority; to provide for a short title; to provide for definitions; to pro vide for the creation, composition, membership confirmation, terms of office, va cancies, officers, and expenses of the authority; to provide for perpetual existence.
SB 718. By Senators Olmstead of the 26th, Harris of the 27th, Dean of the 31st and Barker of the 18th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority Overview Committee as a joint committee of the General As sembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee.
SR 402. By Senators Peevy of the 48th and Deal of the 49th:
A resolution creating the Commission on Criminal Sanctions and Correctional Facilities; to provide an effective date.
SR 436. By Senators Garner of the 30th, Howard of the 42nd, Johnson of the 47th and others:
A resolution proclaiming the first week of May as Law Related Education Week in Georgia.
HB 67. By Representative Wall of the 61st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.
HB 1177. By Representative Barnett of the 10th:
A bill to amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize the county board of education to expend funds to assist in

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paying the expenses incurred in discovering unreturned properties for the pur pose of collecting unpaid county school taxes.
HB 1212. By Representatives Thompson of the 20th, Walker of the 115th and Lee of the 72nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in pub lic schools and regulation by the State Board of Education, so as to modify cer tain qualifications of certificated personnel needed in order to qualify for an ex emption from the completion of an assessment to demonstrate satisfactory onthe-job performance.
HB 1240. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the exemptions from the re quirement of a license to engage in the business of selling or issuing checks; to provide for definitions.
HB 1252. By Representatives Barnett of the 10th, Coleman of the 118th, Pannell of the 122nd and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to pro vide for jeopardy assessments in certain cases involving the possession, sale, or distribution of marijuana or other controlled substances.
HB 1254. By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.
HB 1274. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, so as to repeal the provi sions relating to the inapplicability of "this Act" to certain employees; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to dis crimination against an employee for attending a judicial proceeding in response to a court order or process, so as to provide for the inapplicability of such Code section to certain employees.
HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school functions and require certain reports thereof to be made to the appropriate po lice authority or district attorney; to provide for immunity from liability.

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HB 1360. By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reor ganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uni form rules of the road.

HB 1445. By Representative Lane of the 27th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols or revolvers, so as to change certain provisions relating to fees.

HB 1539. By Representatives Royal of the 144th, Coleman of the 118th, Crosby of the 150th and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of "fair market value" with respect to the valuation of standing timber for ad valorem tax purposes.

HB 1540. By Representatives Coleman of the 118th, Crosby of the 150th, Royal of the 144th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of prop erty, so as to require county governing authorities to publish annual reports con taining the millage rate and assessed taxable value of certain property subject to certain taxation for the coming fiscal year and the immediately preceding five fiscal years.

The President called for the morning roll call, and the following Senators answered to their names.

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins
Deal Echols Edge Egan

Engram Fincher Foster 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 Tate
Taylor Timmons Turner Tysinger

Those not answering were Senators:

Dean English

Fuller Langford

Walker

Senator Johnson of the 47th introduced the chaplain of the day, Reverend Danny Bar-

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ton, pastor of Royston Baptist Church, Royston, Georgia, who offered scripture reading and prayer.
Senator Fincher of the 54th introduced Steve White, 1989 Class AAA Championship winner in golf, from Dalton High School, who was commended by SR 420, adopted previously.
Senator Engram of the 34th introduced David Dell Engram, 1989 Class AA Champion ship winner in golf, from Campbell High School, who was commended by SR 421, adopted previously.
Senators Clay of the 37th and Ragan of the 32nd introduced Mike Cress, 1989 Class AAAA Championship winner in golf, from Walton High School, who was commended by SR 422, adopted previously.
Senator Ragan of the 10th introduced Ginger H. Mathis, the state's best technical stu dent in 1989 under the GOAL Program, having been commended by SR 399, adopted previ ously, who briefly addressed the Senate.
The following resolutions of the Senate and House were read and adopted:
SR 446. By Senator Kennedy of the 4th: A resolution commending Honorable Jean H. DeLoach.
SR 447. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th: A resolution commending Commissioner Emory Greene.
SR 448. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th: A resolution commending Carolyn Crayton.
SR 449. By Senator Baldwin of the 29th: A resolution commending Mr. J. Gardner Newman.
HR 851. By Representative Hamilton of the 124th: A resolution commending Mr. Steven Tanner and the Southeast Regional Troub led Children's Committee, Inc.
The following local, uncontested bills of the Senate and House, favorable reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, February 15, 1990
TWENTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 720 Peevy, 48th Gwinnett County City of Sugar Hill Changes the corporate limits of the city.
SB 722 Ragan, 32nd Clay, 37th

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Newbill, 56th Barnes, 33rd Cobb County
Changes the provisions relating to the position of chief judge of the State Court of Cobb County.
HB 1495 Phillips, 9th Gwinnett County City of Norcross
Increases the homestead exemption from city ad valorem taxes for residents of the City of Norcross who meet certain qualifications.
HB 1716 Huggins, 53rd Chattooga County
Provides for the compensation of the commissioner of Chattooga County.
HB 1750 Newbill, 56th Clay, 37th Ragan, 32nd Cobb County
Authorizes the board of elections to employ an attorney.
HB 1765 Ragan, 10th Colquitt County City of Norman Park
Changes the provisions relating to the date of taking office; reestablishes twoyear terms of office for the mayor and councilmen; provides for the date of the regular municipal election.
HB 1776 Barnes, 33rd Engram, 34th Cobb and Douglas Counties City of Austell
Changes the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
HB 1777 Fincher, 54th Whitfield County City of Cohutta
Consolidates and redefines the various annexations of the City of Cohutta into a single corporate limit description.
HB 1778 Allgood, 22nd Albert, 23rd Richmond County Oak Ridge Water and Sewerage Authority
Repeals an Act creating the Oak Ridge Water and Sewerage Authority.
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:

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Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes
nBQ,urton Collins Dawkins Deal Dean Echols Edge Egan

English Fincher Foster Puller
Gillis Hammill Harris HTHTuogwgamrds Johnson Kennedy Kidd Land Newbill Olmstead Parker

Peevy Perry Phillips Pollard
Ragan of 32nd Ray Scott of 2nd SSn,hcoutmt aokife36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Coleman
Engram Garner

Langford McKenzie

Ragan of 10th Taylor

On the passage of all the local bills, the yeas were 49, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

Senator Peevy of the 48th moved that the following bill of the Senate be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Natural Resources:

SB 721. By Senator Peevy of the 48th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife, so as to provide that crossbows will be legal for hunting wildlife under certain restrictions.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 721 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Natural Resources.

Senator Deal of the 49th moved that the following bill of the House be withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Judiciary:

HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of controlled sub stances or marijuana; to provide for disposition of such real property.

On the motion, the yeas were 42, nays 0; the motion prevailed, and HB 1223 was with-

THURSDAY, FEBRUARY 15, 1990

1205

drawn from the Senate Committee on Public Safety and committed to the Senate Commit tee on Judiciary.
SENATE RULES CALENDAR
Thursday, February 15, 1990
TWENTY-EIGHTH LEGISLATIVE DAY
SR 281 Kaolin Parkway--designate portion of growth corridor program (Substitute) (Trans--20th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended.)
SB 679 Adoption of Certain Children--amount of Department of Human Resources fi nancial assistance (C&Y--25th)
SB 495 Teacher Transfer to Non-Teaching Position--after 25 years (Substitute) (Ed--39th)
SB 521 Forfeited Money from Drug Violation--use by certain government authorities (Judy--35th)
SB 616 Certain Campaign Contributions--prohibit during legislative session (Substitute) (S Judy--33rd)
SB 623 Georgia Military College--create Board of Trustees (Substitute) (Ed--50th)
SB 636 Evidentiary Privileges--qualified privileges, those in news gathering (Judy--47th)
SB 680 State Properties Commission--purpose and terms to grant revocable licenses (Substitute) (Pub U--2nd)
SB 705 Family Preservation and Child Protection Reform Act--provide (Substitute) (C&Y--18th)
SB 708 Quality Basic Education--use of funds for staff, professional development sti pends (Ed--37th)
SR 410 Chatham County Property--encourage negotiations to acquire (Pub U--2nd)
SR 413 Tattnall County--easement for road right-of-way (Pub U--4th)
SR 414 Joint Study Committee on Parks, Recreation, Natural Areas--create (Pub U--4th)
HB 1206 Ad Valorem Assessment Review Commission--appraiser member (B&F--8th)
HB 1570 Unfit Buildings--hearings in city of location (U&CA G--43rd)
HB 458 Teachers Retirement--obtaining certain creditable service (Ret--llth)
HB 1426 Workers' Compensation--written confirmation to refuse to cover risk (Amend ment) (I&L--29th)
HB 1149 Law Enforcement Officers, Firemen Indemnification--define "in line of duty" (Substitute) (Pub S--46th)
HR 586 Pelham--lease of certain property (Pub U--llth)
HB 1226 Health Care Personnel Policy Advisory Commission--provide (Hum R--21st)
HB 1419 Elections--president of college as city/county deputy registrar (Gov Op--25th)
HB 255 Automobile Insurance Cancellation--fines against certain insurers (Pub S--7th)
HB 156 Employees' Retirement--credit for certain teaching service (Ret--24th)
HB 1417 Transportation Board--days for which per diem allowed (Trans--1st)
HR 89 Baldwin County--conveyance of certain state owned property (Substitute) (Pub U--25th)
HR 587 Mitchell County--conveyance of certain state property (Pub U--llth)

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SR 332 Regional Development Centers Established by Community Affairs--funding formula (U&CA G--14th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee

The following general resolution of the Senate, having been read the third time and final action suspended on February 14, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its adoption:

SR 281. By Senators Gillis of the 20th and English of the 21st:
A resolution designating a portion of the growth corridor program as the "Kaolin Parkway".

The substitute to SR 281 offered by Senators Gillis of the 20th and English of the 21st on February 14, as it appears in the Journal of February 14, was automatically reconsidered and put upon its adoption.

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 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 Allgood Baldwin Barker Barnes Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan

English Engram Foster Garner Gillis Hammill Harris Howard Johnson Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon
Coleman Fincher

Fuller Huggins
Langford Scott of 2nd

Stumbaugh Taylor Timmons

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 15, 1990

1207

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

Senator Allgood of the 22nd moved that the Senate adhere to the Senate substitute to HB 876, and that a Conference Committee be appointed.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 876.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Allgood of the 22nd, Parker of the 15th and Tysinger of the 41st.

The following general bill of the Senate, having been read the third time on February 12 and postponed until February 14, was put upon its passage:

SB 679. By Senator Kidd of the 25th:
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 with re spect to children and youth services, so as to change the amount of financial assistance which may be granted with respect to the legal adoption of certain hard-to-place children.

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 Culver Kidd

State Senator

FROM:

G.W. Hogan, State Auditor C.T. Stevens, Director, Office of Planning and Budget

DATE:

February 13, 1990

SUBJECT: Fiscal Note--Senate Bill 679 (LC 10 8876) Family and Children Services--Special Needs Adoption

This bill would increase the amount of the financial assistance supplement adminis tered by the Family and Children Services Division of the Department of Human Resources for special needs adoption. The supplement would be increased from 75 percent to 100 per cent of the current foster care rate of $10/day and would be granted to families adopting special needs children in permanent state custody. If enacted, this bill would become effec tive upon the Governor's approval or upon becoming law without such approval.

According to DHR records, the average number of recipients for the six months ending December 31, 1989 was 1,221 and the average adoption supplement cost was $7.41 per child

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JOURNAL OF THE SENATE

per day. Converting the average number of recipients to a 100 percent supplement would cost approximately $1.2 million additional annually. Of this cost, approximately $317,000 would be funded by federal dollars and $883,000 would be funded by state dollars.

/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 Barker Barnes Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead 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:

Bowen Brannon Coleman

Langford McKenzie

Parker Shumake

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 495. By Senator Shumake of the 39th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to authorize each local board of education to allow any teacher to transfer from classroom teaching into a nonteaching position after 25 years of employment in the public school systems of this state; to provide that such position transfer shall be with out a reduction in salary.

THURSDAY, FEBRUARY 15, 1990

1209

The Senate Committee on Education offered the following substitute to SB 495:

A BILL
To be entitled an Act to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to authorize each local board of education to allow any teacher to transfer from classroom teaching into a nonteaching position after 25 years of employment in the public school systems of this state; to provide that such position transfer shall be without a reduction in salary; 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 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding at the end thereof a new part to be designated Part 11, to read as follows:
"Part 11
20-2-989.1. Each local board of education may offer to any classroom teacher within the local school system who has completed at least 25 years of employment within the public schools of this state the option of remaining in a position of classroom teacher or of trans ferring into a nonteaching position within the local school system if such position is availa ble. The election to transfer from a teaching to a nonteaching position shall not be accompa nied by a reduction in salary. The nonteaching position offered by the local board may be as a master teacher who is designated to provide professional supervisory and counseling ser vices to other teachers with five years' or less experience."
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 Broun Burton Clay Collins Deal Dean Echols Edge Egan English

Engram Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd 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:

Brannon Coleman Dawkins

Fincher Howard Land

Langford Parker

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JOURNAL OF THE SENATE

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 amendment thereto:

SR 23. 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 amendment was as follows:

Amend SR 23 by striking from line 18 of page 2 the following: "$10,000.00", and inserting in lieu thereof the following: "$2,500.00".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SR 23.

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 Collins uswKins Deal Dean Echols Edge Egan English

Engram Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd McKenzie Newbill Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Bowen Brannon Broun Coleman Fincher

Garner Land Langford Olmstead

Parker Shumake Stumbaugh Taylor

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 23.

THURSDAY, FEBRUARY 15, 1990

1211

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 72. By Senator Timmons of the llth:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other posi tions or offices; to change the provisions relating to retirement and disability benefits.
The House amendment was as follows:
Amend SB 72 by inserting in line 6 on page 1 between the word and semicolon "offices;" and the word "to" the following:
"to authorize certain judges of the superior courts to transfer from the Superior Court Judges Retirement System to the District Attorneys' Retirement System; to provide for ap pointment of certain retiring superior court judges as senior judges;".
By striking all matter appearing in lines 7 through 29 on page 2 and inserting in lieu thereof the following:
" '47-13-40.1. (a) The provisions of this or any other law to the contrary notwithstand ing, any member of the retirement system who, without any break in service, accepts an appointment or is elected to any position or office in the state government covered by Chap ter 2 of this title, the Employees' Retirement System of Georgia, or Chapter 9 of this title, the Superior Court Judges Retirement System, shall have the right to decline membership in either such retirement system and remain a member of the retirement system provided for in this chapter while holding such other position or office. The right granted by this subsection shall be exercised within 30 days after taking such other position or office by sending written notification to the board of trustees of this retirement system and the board of trustees of the other retirement system.
(b) (1) The provisions of this subsection shall apply to any superior court judge who is a member of the Superior Court Judges Retirement System provided for in Chapter 9 of this title, who was a member of this retirement system at the time of taking office as a superior court judge, who had at least ten years of creditable service under this retirement system at such time, and who has not withdrawn employee contributions from this retirement system.
(2) The provisions of this or any other law to the contrary notwithstanding, any supe rior court judge described in paragraph (1) of this subsection shall have the right to with draw from membership in the Superior Court Judges Retirement System provided for in Chapter 9 of this title and reestablish and continue membership in this retirement system while holding office as a superior court judge, subject to the following requirements:
(A) A superior court judge shall exercise the right granted by this subsection by notify ing, in writing, the boards of trustees of the two retirement systems by not later than Janu ary 1, 1991;
(B) Upon receiving notification under subparagraph (A) of this paragraph, the Board of Trustees of the Superior Court Judges Retirement System shall transfer to the fund pro vided for in this chapter an amount equal to the employee and employer contributions, plus regular interest thereon, contributed by and on behalf of the transferring judge during the time the judge was a contributing member of the Superior Court Judges Retirement System;
(C) Upon the transfer of funds under subparagraph (B) of this paragraph, the transfer ring superior court judge shall be granted creditable service under this retirement system equal to the creditable service obtained as a contributing member of the Superior Court Judges Retirement System; and

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(D) The transferring superior court judge shall pay to the fund provided for in this chapter or to the Superior Court Judges Retirement Fund provided for in Code Section 479-23, or to both such funds, as the case may be, the amount, if any, necessary to fund the actuarial cost, as determined by the boards of trustees of the respective retirement systems, which is directly attributable to transferring from the Superior Court Judges Retirement System to this retirement system.
(c) The basis for employee contributions to and the computation of benefits under this retirement system for a person who remains a member of or transfers to this retirement system as authorized by subsections (a) and (b) of this Code section shall be the state salary paid to the person in the position or office held by the person. Employer contributions for any such members shall be determined and paid as provided in Code Section 47-13-50.
(d) Any superior court judge who elects to become or continue to be a member of this retirement system pursuant to the provisions of subsection (a) or (b) of this Code section, who completes at least ten years of service as a superior court judge, and who retires pursu ant to the provisions of this chapter may become a senior judge under the provisions of Code Section 47-9-60 as if the judge retired under the Superior Court Judges Retirement System.' "

The following Memorandum, 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 Thomas B. Buck, III

State Representative

FROM:

G. W. Hogan, State Auditor

DATE:

February 9, 1990

SUBJECT: Senate Bill 72 Amendment (AM 7 0020) to (LC 7 7437S) District Attorneys' Retirement System

As amended this bill would change certain provisions relating to the District Attorneys' Retirement System. The definition of "average annual compensation" would be revised to mean the average annual compensation of a member during the two consecutive years of creditable service producing the highest such average (with a maximum annual increase of 5%). The bill would also increase the percentage (multiplied by the average annual compen sation) used to determine a member's annual retirement benefit from three to four percent. The years of creditable service (as used in the calculation of the maximum retirement bene fit and the minimum disability retirement benefit) would be reduced from 22 to 16 years. The bill would also allow members to retain or return to membership in the retirement system while holding certain other positions or offices not covered by the system. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as defined in the Public Retirement Systems Standards Law.

This is to certify that the changes made by this amendment (providing that certain members of the Superior Court Judges Retirement System could reestablish service in the District Attorneys' Retirement System while holding office as a superior court judge if cer tain payments are made) would be a nonfiscal amendment as defined in the Public Retire ment Systems Standards Law. The actuarial investigation for (LC 7 7437S) would also ap ply to (LC 7 7437S) as revised by Amendment (AM 7 0020).

1st G. W. Hogan State Auditor

THURSDAY, FEBRUARY 15, 1990

1213

Senator Timmons of the llth moved that the Senate agree to the House amendment to SB 72.

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 Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English

Bngram Foster Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Newbill Parker Peevy Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Baldwin
BBorawnennon Coleman Egan

Fincher
FHuolwlearrd Land Langford

McKenzie Olmstead
Shumake Stumbaugh

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 72.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 521. By Senator Langford of the 35th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to property subject to forfeiture for violations involving controlled sub stances, so as to provide that any forfeited money or currency which vests in a local political subdivision may be expended by the governing authority of such subdivision to provide financial assistance to any program, club, group, organiza tion, or team operating within a local public housing project.

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 Collins Dawkins Deal

Dean Echols Edge Egan English Engram

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JOURNAL OF THE SENATE

Foster Fuller Garner
illis. J5HooahrwnTMsaordn
Kennedy Kidd Land McKenzie

Newbill Olmstead Parker
Peevy PPTHhe.rl-lrHlyl-Ps
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:

Bowen Coleman Fincher

Hammill Huggins

Langford Shumake

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 616. By Senator Barnes of the 33rd:
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 the acceptance and making of certain campaign contribu tions during legislative sessions; to provide for penalties in connection therewith; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relat ing to lobbying and registration of persons with the Secretary of State, so as to provide for definitions.

The Senate Committee on Special Judiciary offered the following substitute to SB 616:

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 the acceptance and making of certain campaign contributions during legislative sessions; to provide for penalties in connection" therewith; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registration of persons with the Secretary of State, so as to provide for definitions; to provide for the regis tration of persons who aid or oppose the taking of official action by state agencies; to change the provisions relating to registration with the Secretary of State; to provide for annual and monthly reports to be filed with the State Ethics Commission; to provide requirements rela tive to such reports; to provide for reports of employers of registered agents; to provide for exceptions to registration and reporting requirements; 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. 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 immediately following Code Section 21-5-35 a new Code Section 21-5-35.1 to read as follows:
"21-5-35.1. (a) No public officer or campaign committee of a public officer shall know ingly accept a campaign contribution during a legislative session from a person who is regis tered with the Secretary of State under Chapter 7 of Title 28 or from a person employing a person who is registered with the Secretary of State under Chapter 7 of Title 28.

THURSDAY, FEBRUARY 15, 1990

1215

(b) No person registered with the Secretary of State under Chapter 7 of Title 28 and no person employing a person so registered shall make a campaign contribution to a public officer or to a campaign committee of a public officer in violation of subsection (a) of this Code section.
(c) Any public officer or other person violating the provisions of this Code section shall be subject to the penalties provided for in Code Section 21-5-9."
Section 2. Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registration of persons with the Secretary of State, is amended by adding im mediately following Code Section 28-7-1 a new Code Section 28-7-1.1 to read as follows:
"28-7-1.1. As used in this chapter, the term:
(1) 'Commission' means the State Ethics Commission provided for in Article 1 of Chap ter 5 of Title 21, the 'Ethics in Government Act.'
(2) 'Official action' means any decision by a state agency or any activity by a state agency or its personnel which carries out the official duties or responsibilities of the state agency as provided by the laws applicable to the state agency.
(3) 'Registered agent" means any person required to file a certificate of registration in the office of the Secretary of State as provided in Code Section 28-7-2.
(4) 'State agency" means every department, division of a department, board, bureau, commission, public authority, or other agency of the state government."
Section 3. Said chapter is further amended by striking Code Section 28-7-2, relating to registration with the Secretary of State, in its entirety and substituting in lieu thereof a new Code Section 28-7-2 to read as follows:
"28-7-2. (a) Except as otherwise provided in Code Section 28-7-2.4, every person repre senting, with or without compensation, any person, firm, corporation, association, or organi zation for the purpose of aiding or opposing, directly or indirectly, the enactment of a bill or bills or a resolution or resolutions by either house of the General Assembly or for the pur pose of aiding or opposing the taking of official action by a state agency shall file in the office of the Secretary of State a certificate of registration as a registered agent, subscribed by such person, stating the name of the person, firm, corporation, association, or organiza tion that the person represents. The registration shall be valid until December 31 of the year during which the person filed the certificate of registration in the office of the Secretary of State. Registration shall be maintained for the following calendar year by filing a new certificate of registration with the Secretary of State during the month of December of each year. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of registered agents, with appropriate indi ces, and to enter promptly therein the names of the persons registering with the Secretary of State and the person, firm, corporation, association, or organization each such person represents. Such docket shall be open to inspection by the public.
(b) Each person registering with the Secretary of State shall pay to said official a regis tration fee of $5.00. As soon as practicable after registering any such person, the Secretary of State shall issue to such person an identification card which shall have printed thereon the name of the registered person. The identification card shall also have printed thereon the words 'REGISTERED AGENT.' Any such person, while in the state capitol during such times as the General Assembly shall be in session, while attending meetings of committees of the General Assembly, while appearing before a state agency, or while discussing any proposed official action with any public official or personnel of a state agency, shall have said identification readily available and shall present it for inspection to all legislators and public officials and personnel of state agencies who shall request such inspection. At the beginning of each annual session of the General Assembly, the Secretary of State shall re port to each house of the General Assembly those persons who have registered with said official, along with the respective persons, firms, corporations, or associations they represent. During sessions of the General Assembly, the Secretary of State shall periodically report to

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each house those persons who have registered with said official since the convening of the General Assembly. The reports of the Secretary of State shall be entered in the journal of each house. All members of the House and Senate shall have the responsibility of bringing to the attention of the rules committee of each respective house violations of this Code section and chapter; and the chairmen of the respective rules committees shall have the resonsibility of reporting such violations to appropriate officials. In addition to the reports to the General Assembly, during the month of July of each year the Secretary of State shall submit to each state agency a list of registered agents shown on the docket of registered agents as of June 30 immediately preceding the issuance of the report. The report shall also show the person, firm, corporation, association, or organization that each registered agent represents."
Section 4. Said chapter is further amended by adding immediately following Code Sec tion 28-7-2 new Code Sections 28-7-2.1, 28-7-2.2, 28-7-2.3, and 28-7-2.4 to read as follows:
"28-7-2.1. (a) In addition to any information required to be filed with the Secretary of State under Code Section 28-7-2, each person required to register with the Secretary of State shall file with the commission the reports required by this Code section and Code Section 28-7-2.2. The reports required by this Code section shall be filed with the commis sion within 30 days after first registering with the Secretary of State and by December 31 of each year that such registration is renewed.
(b) The report required by this Code section shall show, in such detail as the commis sion shall prescribe by rule or regulation, the following:
(1) The person's name, permanent address, and any temporary residential and business address in the metropolitan area of Atlanta which is used for carrying out the person's activ ities as a registered agent;
(2) The name, address, and occupation or business of the person's employer;
(3) The person's compensation for service as a registered agent; how much the person is paid for expenses and what expenses are to be reimbursed; and a full and particular descrip tion of any agreement, arrangement, or understanding according to which the person's com pensation, or any portion thereof, is or will be contingent upon the success of any attempt to influence legislation or official action of a state agency;
(4) Whether the person is employed solely for the purposes of carrying out the activities of a registered agent or whether the person is a regular employee performing services for the person's employer which include, but are not limited to, carrying out the activities of a registered agent;
(5) The general subject or subjects of interest to the person and to the person's employer;
(6) A written authorization from the person's employer confirming the person's employment;
(7) The name and address of the person who will have custody of the accounts, bills, receipts, books, papers, and documents required to be kept for the purposes of Code Section 28-7-2.2; and
(8) If the person's employer is an entity, including but not limited to business and trade associations, which carries out the activities of registered agents on behalf of businesses, groups, associations, or organizations, the report shall show the name and address of each member of the entity or person represented by such entity whose fees, dues, payments, or other considerations paid to such entity during either of the prior two years have exceeded $500.00 or who is obligated to or has agreed to pay fees, dues, payment, or other considera tion exceeding $500.00 to such entity during the current year.
(c) A person required to file a report under this Code section who receives compensa tion from more than one employer for services as a registered agent shall show on the report all the information required by subsection (b) of this Code section for each such employer.

THURSDAY, FEBRUARY 15, 1990

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(d) Whenever a change, modification, or termination of employment occurs for a person who is a registered agent, the person shall, within 15 days of such change, modification, or termination furnish full information regarding the same by filing with the commission an amended report.
(e) Each person required to file a report under this Code section shall file a new report, revised as appropriate, during the month of December of each year and failure to do so shall terminate registration under Code Section 28-7-2.
28-7-2.2. (a) Any person required to register with the Secretary of State under Code Section 28-7-2 who receives compensation for services as a registered agent shall file with the commission periodic reports of the person's activities in attempting to influence legisla tion or official actions of state agencies. The reports shall be made in the form and manner prescribed by rules and regulations of the commission. The reports shall be due monthly and shall be filed within 15 days after the last day of the calendar month covered by the report.
(b) Each such monthly periodic report shall contain:
(1) The totals of all expenditures made or incurred by the person or on behalf of the person by the person's employer during the period covered by the report, which totals shall be segregated according to financial category, including compensation, food and refresh ments, living accommodations, advertising, travel, contributions, and other expenses or ser vices. Each individual expenditure of more than $25.00 for entertainment, which shall not include refreshments or food, shall be identified by date, place, amount, and the names of all persons in the group partaking in or of such entertainment including any portion thereof attributable to the person's participation therein but without allocating any portion of such expenditure to individual participants; provided, however, the reports shall not require the following:
(A) Unreimbursed personal living and travel expenses not incurred directly for the pur pose of carrying out activities as a registered agent;
(B) Any expenses incurred for the person's own living accommodations;
(C) Any expenses incurred for the person's own travel to and from legislative meetings or activities or meetings or activities of state agencies; and
(D) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance;
(2) In the case of a registered agent employed by more than one employer, the propor tionate amount of the expenditures specified in paragraph (1) of this subsection in each category incurred on behalf of each of his employers;
(3) An itemized listing of each such expenditure in the nature of a contribution of money or of tangible or intangible personal property to any candidate, elected official, or officer or employee of any state agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of any candidate, elected official, or officer or employee of any state agency, or any political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any candidate, elected official, or officer or employee of any state agency, or any political committee supporting or opposing any ballot proposition shall be identified by date, amount, and the name of the candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution;
(4) The subject matter of proposed legislation or other legislative activity or official action of a state agency and the name of the state agency considering the same, which the person filing the report has been engaged in supporting or opposing during the reporting period; and
(5) Such other information relevant to activities of registered agents as the commission

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shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the commission.
(c) Failure to file monthly periodic reports required by this Code section shall terminate registration under Code Section 28-7-2.
28-7-2.3. Every employer of a person required to register under Code Section 28-7-2 during the preceding calendar year shall file with the commission on or before March 31 of each year a statement disclosing for the preceding calendar year the following information:
(1) The name of each state elected official and the name of each candidate for state office who was elected to the office and any member of the immediate family of those per sons to whom the employer has paid any compensation in the amount of $500.00 or more during the preceding calendar year for personal employment or professional services, includ ing professional services rendered by a corporation, partnership, joint venture, association, union, or other entity in which the person holds any office, directorship, or any general partnership interest, or an ownership interest of 10 percent or more, the amount of the compensation, and the consideration given or performed in exchange for the compensation;
(2) The name of each state elected official, successful candidate for state office, or mem bers of the official's or candidate's immediate family to whom the employer made expendi tures, directly or indirectly, either through a registered agent or otherwise, the amount of the expenditures, and the purpose for the expenditures. For the purposes of this paragraph, the term expenditure shall not include any expenditure made by the employer in the ordi nary course of business if the expenditure is not made for the purpose of influencing, honor ing, or benefiting the elected official, successful candidate, or member of the official's or candidate's immediate family, as an elected official or candidate;
(3) The total expenditures made by the employer to influence legislation or official ac tion of a state agency, whether through or on behalf of a registered agent or otherwise;
(4) All contributions made to a candidate for state office, to a political committee sup porting or opposing a candidate for state office, or to a political committee supporting or opposing a state-wide ballot proposition. Such contributions shall be identified by the name and the address of the recipient and the aggregate amount contributed to each such recipient;
(5) The name and address of each registered agent employed by the employer; and
(6) Such other information as the commission prescribes by rule.
28-7-2.4. The registration and reporting requirements of this chapter shall not apply to:
(1) Persons whose activities in influencing legislation and official state action are limited to expressing their own personal views on their own behalf by appearing before public ses sions of committees of the General Assembly or public hearings of state agencies or by ex pressing their own personal views to any member of the General Assembly or to any public officer or employee of a state agency on any measure pending before either house of the General Assembly or on any official action or proposed official action of a state agency;
(2) News or feature reporting activities and editorial comment by working members of the press, radio, or television and the publication and dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, or television station;
(3) Persons who seek to influence legislation or official action of a state agency without receiving any compensation or other consideration for such activity, provided that no such person makes any expenditure for or on behalf of any member of the General Assembly or public officer or employee of a state agency in connection with such activity. The exemption contained in this paragraph is intended to permit and encourage citizens of this state to communicate with members of the General Assembly and with public officers and employ ees of state agencies without incurring any registration or reporting obligation under this chapter provided they do not exceed the limitations stated in this paragraph. Any person

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exempt under this paragraph shall have the option to register and report under this chapter; and
(4) Persons who restrict their activities in influencing legislation or official action of state agencies to no more than four days or parts thereof during any three-month period and whose total expenditures during such three-month period for or on behalf of any one or more members of the General Assembly or officials and employees of state agencies in con nection with such activities do not exceed $25.00; provided, however, that the commission, in consultation with the Secretary of State, shall promulgate rules or regulations to require registration and reporting by persons exempt under this paragraph or by their employers or other entitites which sponsor or coordinate the activities of such persons if it is determined that such regulations are necessary to prevent frustration of the purposes of this chapter. Any person exempt under this paragraph shall have the option to register and report under this chapter."
Section 5. Said chapter is further amended by striking Code Section 28-7-5, relating to penalties for violations of certain Code sections, in its entirety and substituting in lieu thereof a new Code Section 28-7-5 to read as follows:
"28-7-5. Any person failing to comply with or violating any of the provisions of Code Sections 28-7-2 through 28-7-4, including Code Sections 28-7-2.1, 28-7-2.2, and 28-7-2.3 shall be guilty of a misdemeanor."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the 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 Burton Clay Collins Dawkins Deal Dean Echols Edge Egan

English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land McKenzie Newbill 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

Voting in the negative were Senators Kidd and Walker.

Those not voting were Senators:

Broun Coleman

Fincher Langford

Olmstead Shumake

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 48, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and Kennedy of the 4th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman.
The Senate Committee on Education offered the following substitute to SB 623:
A BILL
To be entitled an Act to amend Chapter 3 Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman; to provide for attendance by members at meetings of the board; to provide for payment of and reim bursement of expenses for members of the board; to provide for authority of the board; to provide for a fiscal year; to provide for an annual report; to provide for legislative intent applicable to the Georgia Military College; to provide that management of the college shall vest in the board of trustees; to provide that certain trust funds created prior to July 1, 1990, shall vest in the board of trustees; to provide that all property of the college shall vest in the board of trustees; to authorize the board of trustees to sell or otherwise dispose of property owned by the college under certain circumstances; to provide for the use of the proceeds of such disposition of property; to provide for the execution of deeds; to provide for a scholarship program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking in its entirety Article 9, relating to the Georgia Military college, and inserting in lieu thereof a new Article 9 to read as follows:
"ARTICLE 9
Part 1
20-3-540. As used in this article, the term:
(1) 'Board of trustees' or 'board' means the Board of Trustees of the Georgia Military College.
(2) 'College' means the Georgia Military College.
20-3-541. There is created a public authority, a body corporate and politic, to be known as the Board of Trustees of the Georgia Military College, which shall be deemed an instru mentality of this state and a public corporation.
20-3-542. The board shall be composed of one member appointed by the Governor from each congressional district in the state, and two members appointed by the Governor from the state at large. The Governor shall not be a member of the board.
20-3-543. The initial members apointed from even-numbered congressional districts and one member appointed from the state at large shall take office on September 1, 1990, and shall serve three-year terms, and the initial members appointed from odd-numbered con gressional districts and one member appointed from the state at large shall take office on

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September 1, 1990, and shall serve six-year terms. Thereafter, each appointed member shall serve a six-year term. It shall be the duty of the members of the board to attend the meet ings of the board.
20-3-544. The board shall elect one of its members as chairman who shall serve for a two-year term.
20-3-545. Members of the board of trustees shall receive the sum provided by Code Section 45-7-21 for each day of actual attendance at meetings of the board or for each day of travel, within or outside the state, as a member of a committee of the board, which travel has been authorized by the chairman or by action of the board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile to and from the place of meeting or places of visits or inspec tions. No member shall be authorized to receive the sums, expenses, and costs provided by this Code section for more than 60 days per year. Such sums, expenses, and costs shall be paid from funds appropriated to or otherwise available to the board.
20-3-546. The board of trustees shall have the authority:
(1) To make such reasonable rules and regulations as are necessary for the performance of its duties;
(2) To elect or appoint professors, educators, stewards, or any other officers necessary for the Georgia Military College; to discontinue or remove them as the good of the college may require; and to fix their compensations;
(3) To determine the policy and shape the conduct of the college;
(4) To receive donations, bequests, and contributions to the college;
(5) To sign, execute, and deliver in the name of the college all bonds that may be re quired of the college or its officers or trustees;
(6) To execute and deliver in the name of the college all contracts that may be needed or necessary;
(7) To borrow money, execute and deliver the note of the college, and to secure the same;
(8) To make purchases;
(9) To erect buildings and equip them on lands belonging to the college, on land loaned or leased to the college, and on lands of the state heretofore or hereafter granted to or set apart for use of the college;
(10) To administer scholarships, loans, and financial assistance programs as may be come available; and
(11) To exercise any power usually granted to such board, necessary to its usefulness, not inconsistent with the Constitution and laws of this state.
20-3-547. The fiscal year of the board of trustees and of the Georgia Military College is from July 1 in each year through June 30 in the following year.
20-3-548. The board of trustees shall submit to the Governor annual reports of its transactions, together with such information as is necessary to show the condition of the Georgia Military College and with such suggestions as it may deem conducive to the good of the college.
Part 2
20-3-560. It is the intention of the General Assembly that the Georgia Military College be a state-wide institution dedicated to providing a high-quality military education to the youth of this state; provided, however, that the level of such educational programs shall be subject to the availability of funds appropriated by the General Assembly. The student en rollment of the college shall reflect as closely as possible the racial and demographic makeup of the state.

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20-3-561. The government, control, and management of the Georgia Military College shall be vested in the Board of Trustees of the Georgia Military College. The Georgia Mili tary College shall receive any designated funds appropriated by the General Assembly through the State Board of Regents.
20-3-562. Any trust fund or property, real, personal, or mixed, that may have been cre ated prior to July 1, 1990, by will or otherwise, as a fund, gift, donation, or devise to any prior board of trustees of the college or to any executor or trustee to and for the benefit, use, or behoof of the college shall not lapse by virtue of any of the provisions of this article, but such trust shall remain valid and of full force and effect; and the beneficial interest under any such deed of gift, will, or other conveyance shall vest in the board of trustees as trustee to and for the use, benefit, and behoof of the college. In any case where provisions of any deed of gift, will or other conveyance referred to in this Code section require a trustee and no trustee shall in any contingency exist, the board shall be and become a substituted trus tee to carry out the beneficial purposes of such gift, devise, or conveyance.
20-3-563. Title to all real, personal, and mixed property of whatever nature of the Geor gia Military College is vested in the board of trustees, to be held by the board in trust for the benefit and use of the college.
20-3-564. All properties owned or held by the board of trustees pursuant to this article which have been declared to be the public property of the state may be sold, leased, or otherwise disposed of by the board, subject to the approval of the Governor, whenever the board may deem such sale, lease, or other disposition in the best interest of the college, if the board shall first determine that such property can no longer be advantageously used by the college; provided, however, that where any such property has been granted or conveyed to the college or the board for specified uses, such property shall only be sold, leased, con veyed, or otherwise disposed of for similar uses or purposes, which shall be in conformity with any use or trust declared in any such grant or conveyance.
20-3-565. In case of any sale, lease, or disposition of property under Code Section 20-3564, the board of trustees, through its proper officers, and the Governor, on behalf of the state, shall execute and deliver such written evidence of title or of the creation of a lease hold interest as may be necessary.
20-3-566. The proceeds arising from any sale or lease of property under Code Section 20-3-564 shall be used for the support of the college or for the payment of any debts thereof as the board may determine.
20-3-567. (a) The board of trustees shall have the authority to grant to qualified stu dents who are citizens and bona fide residents of this state such scholarships as available funds allow. The basis for those scholarships shall be financial need and student achieve ment, and the board of trustees shall establish rules and regulations governing the eligibility for and awarding of such scholarships; provided, however, that such scholarships shall be apportioned on an equal basis by congressional district.
(b) The funds necessary to provide for the program of scholarships authorized by this Code section shall come from funds appropriated or otherwise made available to the board of trustees for such purposes; provided, however, that nothing in this Code section shall be construed to require the General Assembly to appropriate any such funds."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitutei,. was agreed to.

THURSDAY, FEBRUARY 15, 1990

1223

On 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 Clay Collins Dawkins Deal Dean Echols Edge Egan

Engram Foster Garner Gillis Hammill Harris
Huggins Johnson Kennedy Kidd Land 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 Broun
Coleman English

Fincher Fuller
Howard Langford

McKenzie Scott of 2nd Starr

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

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 863. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Edwards of the 112th, Walker of the 115th and others:
A resolution relative to adjournment.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 636. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, so as to provide a qualified privilege for persons, companies, or other entities engaged in news gathering and dissemination; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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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
*BTM urtonn CCloalylins
Dawkins Deal Dean Echols Edge

Egan Engram Foster Fuller Gillis
2Haamrrmisi11 HHuogwgairnds
Johnson Land Newbill Olmstead Parker

Perry Phillips Ragan of 10th Ragan of 32nd ^
Scott of 36th
Stumbaugh,
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Bowen Brannon Coleman English Fincher

Garner Kennedy (presiding) Kidd Langford McKenzie

Peevy Pollard Scott of 2nd Shumake Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Olmstead of the 26th introduced the doctor of the day, Dr. Minor Vernon, of Macon, Georgia.

The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 680. By Senators Scott of the 2nd and Tysinger of the 41st:
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 and then re state the purpose and certain of the statutory terms and conditions upon which the State Properties Commission is exclusively empowered to grant a revocable license; to provide an effective date.

The Senate Committee on Public Utilities offered the following substitute to SB 680:

A BILL
To be entitled an Act 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 and then restate the purpose and certain of the statutory terms and conditions upon which the State Properties Commission is exclusively empowered to grant a revocable license; 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 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," is amended by striking in its entirety Code Section

THURSDAY, FEBRUARY 15, 1990

1225

50-16-42, relating to granting of revocable licenses by the State Properties Commission, and inserting in lieu thereof a new Code Section 50-16-42 to read as follows:
"50-16-42. (a) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commis sion shall have the exclusive power to negotiate, prepare, and grant in its own name, without public competitive bidding, a revocable license to any person to enter upon, extend from, cross through, over, or under, or otherwise to encroach upon any of the property under the custody and control of the commission or under the custody and control of any state agency which is subject to the requirements of Code Section 50-16-38.
(b) Any grant of revocable license by the commission to any person shall be in writing and shall contain such terms and conditions as the commission shall determine to be in the best interest of the state, provided that:
(1) Each grant of revocable license, if not revoked prior to, shall stand revoked, can celed, and terminated as of the third anniversary of the date of the revocable license agreement;
(2) Each grant of revocable license shall provide that, regardless of any and all improve ments and investments made, consideration paid, or expenses and harm incurred or encoun tered by the licensee, the same shall not confer upon the licensee any right, title, interest, or estate in the licensed premises nor confer upon the licensee a license coupled with an inter est or an easement, such grant of a revocable license conferring upon the licensee and only the licensee a mere personal privilege revocable by the commission, with or without cause, at any time during the life of the revocable license;
(3) Each grant of revocable license shall be made for an adequate monetary considera tion of not less than $650.00, the adequacy of which shall be determined by the commission in considering the factors involved in each grant, particularly for whose principal benefit the revocable license is being granted; however, if the commission determines that the revocable license directly benefits the state, then any monetary consideration set by the commission shall be deemed adequate; and
(4) Any grant of revocable license shall be subject to approval by any appropriate state regulatory agency that the proposed use of the licensed property meets all applicable safety and regulatory standards and requirements.
(c) This Code section shall not be construed or interpreted as amending, conflicting with, or superseding any or all of Code Section 46-5-1, relating to the construction of tele graph or telephone lines."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bowen

Broun Burton Clay Collins Dawkins

Deal Dean Echols Edge English

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JOURNAL OP THE SENATE

Engram Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd

Land 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:

Barker Brannon Coleman Egan

Fincher Harris Kennedy (presiding) Langford

McKenzie Pollard Shumake

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 705. By Senators Barker of the 18th, Kidd of the 25th, Starr of the 44th, Deal of the 49th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for a consolida tion of the delivery of social services to families and children; to provide for legis lative findings; to provide for purposes of the article; to provide for definitions.

The Senate Committee on Children and Youth offered the following substitute to SB 705:

A BILL
To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for a consoli dation of the delivery of social services to families and children; to provide a short title; to provide for legislative findings; to provide for purposes of the article; to provide for defini tions; to provide for pilot programs for the provision of family preservation services; to pro vide for related matters; to provide for a quarterly evaluation and report regarding such pilot programs; to provide for pilot programs for the joint intake, assessment, placement, and case management of children coming before the juvenile court or committed to state custody; to provide for related matters; to provide for an investigation into the condition of any such child; to provide for case management; to provide for a team to assess and report on any such child's condition; to provide a termination date for such pilot project; to pro vide for a report to the General Assembly; to provide for the combination of social services funding; to provide for related matters; to provide for a pilot project related to such combi nation of funding; to provide for a report to the General Assembly relative to the same; to provide for a pilot project relative to combining the provisions of social services to families and children; to provide for related matters; to urge the Chief Justice of the Supreme Court of Georgia and others to urge circuit court judges and juvenile court judges to propose plans for handling juvenile and family related matters; to provide for related matters; to provide for employee participation in the management of certain agencies; to provide for related matters; to provide for a report to the General Assembly; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 15, 1990

1227

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by adding at the end a new article to read as follows:
"ARTICLE 8
49-5-200. This Article shall be known and may be cited as the 'Family Preservation and Child Protection Reform Act.'
49-5-201. (a) The General Assembly finds that:
(1) Children, youth and families at risk suffer multiple problems that resist the funding and service categories of state departments;
(2) Our children, youth, and family systems are in need of reform to effectively protect our children and preserve the sanctity of the family; and
(3) This article is intended to test new approaches by instituting seven classes of pilot projects, each involving one or more counties during a three year period ending December, 1992. Any county selected as a pilot project shall report quarterly to the appropriate depart ment and the General Assembly. Prior to expanding any pilot project to the rest of the state the pilot results shall be evaluated.
(4) Each participating department and county is encouraged to contract with or purchase services from licensed private children, youth and family serving organizations.
(5) Each pilot project shall have an evaluation component and where possible the col leges and universities of the Georgia University System are encouraged to provide evalua tions or technical assistance to the pilot projects.
(b) Each pilot project designated in 49-5-201 through 49-5-207 shall include the follow ing goals for services, management and finance:
(1) Services designed:
(A) To develop through interagency planning efforts a comprehensive and coordinated service delivery system across agency service categories;
(B) To develop new interagency programs and services that address the problems of at risk families, thus creating a flexible service delivery system which is driven by the needs of families;
(C) To encourage prevention and early intervention programs that can serve families at point before a crisis occurs;
(D) To insure that families shall be fully involved in all aspects of planning and deliv ery of services; provided, however, that no family shall be required to accept services for any family member;
(E) To increase the family's awareness of services and programs through innovative outreach efforts which encourage families to participate voluntarily;
(F) To provide community based services, in the least restrictive environment and whenever possible prevent out-of-home care;
(G) To establish services which reflect the local community's needs, characteristics and resources, as well providing a means for local input and decision making; and
(H) To develop family-centered programs to improve parents' abilities to care for their children, thus achieving family self-sufficiency and preservation; and
(2) Management designed:
(A) To develop a noncategorical case management system which provides a wide range of assessment and support for families with multiple needs;
(B) To create a single point of access to services through an interagency case manager;

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(C) To provide home and community based family focused interdisciplinary case man agement services;
(D) To promote a system which empowers families to determine their own service priorities;
(E) To authorize the case manager to obtain necessary services with priority access across regulatory and statutory barriers;
(F) To staff the case management entity by redeploying current personnel from other parts of the agency;
(3) Financing designed:
(A) To devise fiscal incentives which reward services delivered based on the assessment;
(B) To provide flexible funding to case managers who may purchase appropriate care and services for families;
(C) To create a joint funding pool via interagency budgeting to fund a single program or service; and
(D) To redeploy savings from one part of the system to another part of the service system to purchase new services or expand current services as needed.
49-5-202. (a) Family preservation: The General Assembly finds that purchasing or pro viding those services specifically needed to enable a family to continue functioning as a family, can frequently provide an effective, efficient, and humane alternative to out-of-home placement and family preservation programs have demonstrated an ability to assure the protection and safety of children and youth being served.
(b) For purposes of this Code section, the term:
(1) 'Departments' means the Department of Human Resources and its Divisions of: Mental Health, Mental Retardation, and Substance Abuse; Youth Services; and Family and Children Services and the Department of Education.
(2) 'Family preservation services' means short-term, intensive, in-home services in tended to protect, treat, or support children and youth by enabling the families of such children and youth to care for them at home.
(c) The departments shall designate one or more of the counties applying for the family preservation services pilot project. The DHR's Division of Family and Children Services shall be the lead agency for coordinating the effort including development of requests for proposals, contracting for services, staff qualifications, training, and program evaluation.
(d) The departments shall jointly agree:
(1) That eligibility for participation is restricted to those families with children and youth who are at actual, imminent risk of out-of-home placement, in situations in which family preservation services afford effective protection of children, youth, families, and the community.
(2) That caseloads for family preservation services workers shall generally not exceed three families at any given time;
(3) That such services shall be provided in the home, school, or other natural environ ment of families; and
(4) That the duration of such services shall average not less than four weeks nor more than eight weeks, with services in any given case not to exceed 12 weeks.
(e) The departments shall provide financial incentives to prevent out-of-home place ments including but not limited to the following:
(1) Performance based contracting;
(2) Targeting savings in placement costs to improve services;

THURSDAY, FEBRUARY 15, 1990

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(3) Allowing use of foster care funds for services to prevent out-of-home placement; and
(4) Permitting contract agencies to use family preservation funds in a flexible manner to meet the individual, specific needs of children, youth, and families.
(g) The departments shall jointly conduct ongoing evaluations of the family preserva tion services pilot projects quarterly, through December 31, 1992, concerning:
(1) The number of families receiving family preservation services through pilot programs;
(2) The number of children and youth at risk of out-of-home placement prior to initia tion of such services in families receiving" family preservation services through the pilot programs;
(3) Among those children and youth identified in paragraph (2) of this subsection, the number of children placed in foster care, in group homes, and in other facilities outside of the home;
(4) The average cost of such services provided under pilot programs to families receiv ing family preservation services;
(5) The estimated cost of out-of-home placement through foster care, group homes, or other facilities which would otherwise have been expended on behalf of these children and youth at risk of placement who successfully remain united with their families as a result of service provided through the pilot programs, based on the average length of stay and aver age cost of such out-of-home placements;
(6) The number of children and youth who remain unified with their families for one, two, and three years after receiving services under the pilot programs; and
(7) An overall statement of the progress of the pilot programs during the preceding year, along with recommendations for improvement.
(8) Whether the pilot projects have been successful and whether they should be imple mented state wide.
49-5-203. (a) Joint intake, evaluation and assessment: The General Assembly finds that:
(1) There is a need for pilot projects for the joint intake, evaluation, assessment, place ment, and case management of children coming before the juvenile court or committed to state custody;
(2) Currently, the services such children receive are determined largely by which de partment or division has been given custody and the individual department or division often is limited in its ability to meet the child's and their family's unique needs;
(3) These youths should receive services based less upon the availability of placement beds than upon their individual needs;
(4) The state lacks a comprehensive, uniform mechanism to identify the medical, psy chological, social, and educational needs of all children coming before the juvenile court or in state custody or to obtain the available services to meet those needs; and
(5) The purpose of such pilot programs shall be to establish an integrated, interdepart mental and intradepartmental system to identify and provide access to appropriate place ment and treatment services for all children coming before the juvenile court or committed to the state's custody.
(b) The Department of Human Resources, in cooperation with the Department of Edu cation, Department of Labor, Department of Medical Assistance, Commission on Children and Youth, and Juvenile Justice Coordinating Council, shall designate pilot projects made up of one or more counties to test the feasibility and efficiency of a joint (intradepartmental and interdepartmental) assessment, evaluation, placement, and case management system for children coming before the juvenile court or placed in the custody of the state.

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(c) Joint assessment, evaluation, placement, and management shall:
(1) Provide a single point of entry into state custody, through a central intake process after commitment to the state's custody,
(2) Provide uniform and comprehensive assessments of all children entering the state's custody;
(3) Remove administrative and legal barriers to services;
(4) Identify gaps in services and resources; and
(5) Develop an integrated management information system which includes case track ing, resource management, evaluation of cost effectiveness, and evaluation of the impact of service delivery on these children and their families.
(d) At any time that a child alleged to be delinquent, unruly, dependent, or neglected is brought before the court and during the pendency of any proceeding, the court may request that an investigation and report of findings of the child's condition and recommendations to aid the court in its disposition of the child be made by a team of representatives from the Department of Human Resources, division of youth services, mental retardation and sub stance abuse, family and children services and the departments of education, labor and others as deemed necessary. The Department of Human Resources shall name the depart ments necessary for a proper team assessment of the child and shall convene the team. The team shall, through collaborative methods, conduct the investigation and make the report of findings and recommendations so as to present a multidisciplinary assessment of the child's condition and need.
(e) If special education services are deemed necessary, then state and federal laws gov erning evaluation must be followed. A preliminary report from the team shall be filed with the court within ten days of the date of the court's request, with the final report of findings being made no later than 30 days from the date of the court's request. Nothing in this subsection shall preclude the court making any other referral for investigation or any order for examination, evaluation, or treatment as provided by law, and referrals to the team by the court shall be restricted to the child for whom other referrals or orders for investigation, examination, evaluation, or treatment are insufficient to render a satisfactory report of find ings, except where a particular county and its team representatives are agreeable to less restrictive conditions for referrals.
(f) If the court finds that the child is delinquent, dependent, neglected, or unruly and makes a disposition of commitment of custody to any department of state government and in the evidence presented in a hearing or a division finds there is need for the involvement of more than one department of state government to meet the child's needs, then the court may order that the child's case be managed by an interdepartmental case management team.
(g) The Department of Human Resources shall name the departments or divisions nec essary to the team according to the court's findings of the child's needs and shall convene the team. The team shall have authority to arrange services needed by the child as directed by the court, except if there is a finding that special education services are necessary. State and federal laws governing placement must be followed, as indicated in subsection (e) of this Code section.
(h) If any department disagrees with or is unable to provide the services determined by the team as needing to be effected for the child, then appeal must be made within ten days following the team's final determination to a review committee made up of the commis sioner or division director of the departments and divisions involved. The review committee shall review the appeal and make a finding, which shall be binding, within 15 days of receipt of the appeal. The interdepartment team may request the court's review of the child's case at any time the child's needs are believed no longer appropriate to the directives of the court and may at that time request relief from all or a part of the case management responsibilities.

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(i) Nothing in this subsection shall preclude the court from making any other disposi tion of the child as provided by law, and an order by the court for interdepartmental case management shall be restricted to the child for whom other dispositions are insufficient to render a satisfactory arrangement of services for the child.
(j) The team's placement of a child in a facility shall be subject to the laws otherwise governing the admission or commitment to such facility. Release from state custody shall follow all legal procedures mandated by the finding of neglect, dependency, unruliness, de linquency, or pursuant to Code Section 15-11-2 that was made when said child was placed in state custody.
(k) The authority for these pilot projects shall continue until December 31, 1992, unless subsequent legislation determines otherwise. If, after December 31, 1992, there is no subse quent legislation modifying this subsection and the pilot projects cease, any child placed in state custody pursuant to these pilot projects shall be automatically placed in the custody of the department that has been designated by the team to manage that child's case.
(1) This Code section shall not affect the authority of any law enforcement agency or the Department of Human Resources to take physical custody of children in an emergency in the pilot project areas.
(m) The departments and entities specified in subsection (b) of this Code section shall conduct ongoing evaluations of the pilot projects required by that subsection and report along with each pilot project to the General Assembly on a quarterly basis, through Decem ber 31, 1992. The status of the pilot projects, including but not limited to the following:
(1) The average cost of the services provided under the pilot programs; and
(2) An overall statement of the progress of the pilot programs during the preceding year, along with recommendations for improvement.
49-5-204. (a) Decategorization of Funds: The General Assembly finds that:
(1) Often children and families at risk receive services based on the category that has the most funding available rather than according to their actual service needs and that ser vice gaps exist and 'second choice' services are sometimes all that are available;
(2) Decategorization is a system of delivering services based on client needs rather than through a multitude of programs and funding sources with different service definitions and client eligibility and to develop this system, separate categorical appropriations are com bined into a child welfare fund; and
(3) This fund is then used to support any service considered appropriate and necessary, regardless of the program-specific constraints that previously defined and controlled cate gorical service system, and decategorization of the system will involve changes in the current status of categorical fiscal management, funding limitations, service eligibility, and policies, and in improved case permanency planning for children. Both placement and nonplacement services should be developed to reduce gaps in the existing service network with the goal of developing a service delivery network that is more responsive to the needs of the commu nity; and
(b) Each county is authorized to apply to the Department of Human Resources to pro vide child welfare, protective services, and youth services through decategorized funding pi lot projects whereby the current system of multiple funding and categorical eligibility for children, youth, and family services in the pilot counties will be combined into a single child welfare fund. Local planning for the use of this fund will not be restricted by the individual funding levels of the historical service categories in those counties approved by the depart ment to be in the pilot project.
(c) The department shall establish a single child welfare fund for each approved pilot project county composed of all or part of the amount that would otherwise be expected to be used for residents of that county for the following services:
(1) Subsidized adoption;

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(2) Day care;
(3) Local purchase of service;
(4) Juvenile justice;
(5) Juvenile detention;
(6) Juvenile institutional care;
(7) Mental health institutional care;
(8) Direct department services; and
(9) Foster care.
(d) With the approval of the department, a pilot project county may also elect to trans fer to the child welfare fund other child welfare funding provided for treatment services to youth under Title XX of the federal Social Security Act, including funding for psychiatric hospital services. No transfers of funds to the child welfare fund shall be authorized if such transfer would result in the loss of federal funds.
(e) The amount of decategorization service funds for each pilot project county will be the aggregate amount of money that is expected to be used by that county for each of the targeted categorical services listed in subsection (c) of this Code section during the fiscal year.
(f) Savings obtained through the use of less restrictive and less costly services in a pilot project county may be redirected toward the development of alternative services that are responsive to the needs of children and families.
(g) Each pilot county will identify and address present and projected service needs in that county. Local planning shall occur to enhance or alter traditionally supported services to develop a service network more responsive to the needs of children and families with a reduced reliance on long-term, temporary child placement services. As needed, providers' capabilities may be enhanced through new payment methods and rates not allowable within traditional programs to support these services.
(h) The plan for the child welfare fund shall be flexible enough to meet the immediate needs of children and their families. Funds may be set aside for services such as emergency shelter, food, transportation, and other unavailable resources that enhance the family's abil ity to meet the needs of the child in the home. In addition, the funds may be utilized to support administrative costs, training, and supplies needed by the pilot project county to carry out the initiatives of this plan.
(i) The written plan for a pilot project county shall reflect the joint planning and part nership of the local court, county, and department officials for the intended use of the child welfare fund. New or expanded services will be identified as well as the desired service out come goals and measurements. A tracking and evaluation component will be incorporated into the plan to assess the adequacy of and impact on these services.
(j) The Department of Human Resources and each pilot project shall report on a quar terly basis through December 31, 1992, to the General Assembly the progress of each pilot project.
49-5-205. (a) Strategic Planning: The General Assembly finds that:
(1) The issues involving at-risk children, youth, and families are becoming increasingly complex and interrelated;
(2) Pilot projects are needed in strategic integrated planning of services for at risk chil dren, youth, and families to increase the ability of state and local governments to meet the needs of its at risk children, youth, and families; reduce the likelihood of fragmentation and duplication in services; simplify the existing planning mechanisms; optimize limited re sources; and increase accountability.
(b) The General Assembly directs the commissioner of the Department of Human Re-

THURSDAY, FEBRUARY 15, 1990

1233

sources in conjunction with the Department of Community Affairs, the Association County Commissioners of Georgia, the Georgia Municipal Association, the Juvenile Justice Coordi nating Council, and the Commission on Children and Youth to designate one or more coun ties submitting a proposal for strategic integrated services planning pilot projects. Pilot projects shall report quarterly to the Department of Human Resources and the General Assembly through 1992.
(c) Counties requesting designation as a pilot project shall be selected based upon the extent of documented commitment to, and capacity for, the coordination of public and pri vate programs for at risk children, youth, and families operating within the county or counties.
Any county designated as a pilot project county that has a commission on children and youth officially recognized by the Georgia Commission on Children and Youth shall require the pilot project to cooperate with the local commission on children and youth.
(d) Any pilot project should be designed to:
(1) Maximize local flexibility and give local agencies and governments most knowledge able about service needs a significant role in shaping state-wide priorities;
(2) Provide public and private intraagency and interagency planning, to reduce the like lihood of duplicative or fragmented services and maximize the benefits derived from each public dollar available for services;
(3) Address services needs on a comprehensive basis, and provide the framework for focusing attention on the most critical unmet services needs;
(4) Utilize accepted management techniques of establishing a vision, goals, and strate gies by assigning clear responsibilities and maintaining ongoing feedback and by monitoring and accountability, allow public agencies to more rationally identify the most useful services delivery techniques; and
(5) Examine the efficiency and effectiveness of public agencies purchasing services from private organizations.
(e) To the degree possible the counties submitting proposals are urged to use the qual ity growth strategies partnership framework. The pilot projects are urged to utilize partici pative, consensus building approaches. The strategic integrated services planning for the counties' at risk children, youth, and family services shall include, but not be limited to, the following:
(1) Analysis of the external organizational environment: identification of threats and opportunities;
(2) Analysis of the internal organizational environment: identification of strengths and weaknesses;
(3) Direction setting: specification of mission, goals, objectives;
(4) Definition and selection of base and contingent plans;
(5) Implementation and accountability processes; and
(6) Performance evaluation: actual and expected.
49-5-206. (a) Experimental courts: The General Assembly finds that there is no general consensus on what is the best court structure to serve Georgia's at risk children, youth, and families. In order to determine what type of court structure will best serve Georgia's at risk children, youth, and families, pilot projects in one or more counties or circuits should be tested and evaluated.
(b) The Georgia General Assembly urges the chief justice, the judicial council, the Council of Superior Court Judges, and the Council of Juvenile Court Judges to encourage the superior and juvenile court judges in each circuit to develop proposals designing, imple-

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menting, and evaluating a variety of creative procedural and structural approaches to the handling of juvenile and family related matters as follows:
(1) If such approaches require local legislation then the local legislative delegations are urged to pass the required legislation and actively assist the judges in the implementation of the project;
(2) The Institute of Government in conjunction with the Institute for Continuing Legal Education shall be utilized to evaluate the various models that are implemented;
(3) Judges implementing proposals not requiring legislation shall inform the chief jus tice and the General Assembly and the pilot projects shall submit progress reports to the General Assembly on a quarterly basis until the end of the project period, December 31, 1992; and
(4) Any such proposals for pilot projects may include, but not be limited to, the following:
(A) Creation of a full-time state funded circuit-wide juvenile court judgeship;
(B) Creation of a full-time state funded juvenile court judgeship available to hear all custody matters on transfer from the superior court and to hear other family related cases in the superior court under the transfer provisions of the Constitution;
(C) Creation of a specialized superior court judgeship having the primary responsibility to hear juvenile and domestic relations cases;
(D) Creation of a specialized juvenile or family division of the superior court under the rule-making authority of the supreme court judges and referees serving shall be required to accept a long-term assignment to such division and receive specialized training; and
(E) Initiation of an automated information system pilot project to integrate legal and social case information on children and their families' cases in the circuit. Such information systems shall be developed to ensure case continuity in handling families' cases by sharing information between courts while preserving traditional jurisdictional differences.
(5) None of the pilot projects shall change the method of selecting the juvenile judge.
49-5-207. (a) Employee involvement/participative management: The General Assembly finds that employee involvement/participative management approaches have been proven in private business and various state governments to increase morale, quality of work life, ac countability and effectiveness, and reduce employee turnover and errors.
(b) Participative management and employee involvement approaches range from basic information sharing and feedback to quality circles and semi-autonomous work teams. Spe cifically, quality circles are small groups of people who do similar or connected work and who meet regularly usually an hour a week, to identify, analyze, and solve work-process problems; and typically circles are six to 12 employees led by a first line supervisor as a facilitator. The circles choose their own problems to work on and approach those problems in a structured problem-solving process and resulting recommendations are usually presented to the next level supervisor.
(c) The General Assembly directs the Department of Human Resources divisions of family and children services, youth services, and mental health/mental retardation and sub stance abuse to designate one or more counties, who apply, as pilot participative manage ment projects designed to reduce worker turnover, errors, and increase accountability, effec tiveness, and morale. These pilot programs shall include at a minimum one or more quality circles or other employee involvement techniques such as semi-autonomous work groups, and shall report to the Department of Human Resources and the General Assembly on a quarterly basis until December 31, 1992.
(d) The divisions and the pilot projects are directed to utilize technical assistance from any state agency operating quality circles or employee involvement efforts; and/or the pro-

THURSDAY, FEBRUARY 15, 1990

1235

ductivity centers at Georgia Institute of Technology and Georgia State University; and/or experienced participative management experts.
49-5-208. (a) Comprehensive Reform: To test the combined impact and effectiveness of the pilot projects designated in Code Section 49-5-201 through 49-5-206, the Department of Human Resources in conjunction with the Commission on Children and Youth and the Ju venile Justice Coordinating Council shall designate one or more of the counties applying, as pilot projects in comprehensive children, youth, and family services reform.
(b) The pilot projects shall consist of the implementing of the pilot projects as stated in Code Sections 49-5-201 through 49-5-206 and this Code section. The pilot projects desig nated and the department shall report to the General Assembly quarterly through Decem ber 31, 1992."
Section 2. This Act shall be automatically repealed January 1, 1993.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Burton Clay Collins Dawkins Deal Dean Echols Edge Engram

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill 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:

Brannon Broun Coleman Egan

English Fincher Kennedy (presiding) Langford

McKenzie Olmstead Ray

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 708. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and Ragan of the 32nd:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the "Quality Basic

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JOURNAL OF THE SENATE

Education Act," so as to change the provisions relating to the use of funds for staff development purposes and for professional development stipends.

Senator Clay of the 37th offered the following amendment:

Amend SB 708 by adding at the end of line 21 after the word "year" the words: "outside of an employees normal contract hours."

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 Broun Burton Clay Collins Dawkins Deal Echols Edge English Engram Foster

Garner Gillis Hammill Harris Howard Huggins Johnson 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:

Bowen Brannon Coleman Dean

Egan Fincher Fuller

Kennedy (presiding) Langford Shumake

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 410. By Senators Scott of the 2nd, Coleman of the 1st and Kennedy of the 4th:
A resolution authorizing and encouraging negotiations to acquire certain real property located in Chatham County, Georgia.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

THURSDAY, FEBRUARY 15, 1990

1237

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 Bark"
BnUfE?cruaohwruot,oknlsmn. s English Engram Foster Gillis Hammill

Harris Huggins Johnson Kidd
ML,,,acn,,Kdenzie Olmstead Parker Peevv Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Scott of 36th
SS0 htaurmr ake Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Bowen
Coeman Collins Deal

Dean Edge Egan Fincher Fuller Garner

Howard Kennedy (presiding) Langford Newbi11 Scott of 2nd Stumbaugh

On the adoption of the resolution, the yeas were 37, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Gillis of the 20th assumed the Chair.

SR 413. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way 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 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 Burton Collins Dawkins
Dean Echols English Engram Foster

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
Taylor Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brannon Broun Clay Coleman Deal

Edge Egan Fincher Fuller Garner

Gillis (presiding) Langford
bhumake Tate

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 414. By Senator Kennedy of the 4th:
A resolution creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas.

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 Burton Collins Dawkins Deal Dean Echols English Engram Foster

Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land 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

Those not voting were Senators:

Brannon Broun
Clay Coleman

Edge Egan
Fincher Fuller

Gillis (presiding) Langford Olmstead

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1206. By Representatives Benn of the 38th and McKinney of the 35th:
A bill to amend Code Section 48-5-349 of the Official Code of Georgia Annotated, relating to the composition of the Ad Valorem Assessment Review Commission,

THURSDAY, FEBRUARY 15, 1990

1239

so as to provide that the appraiser member shall be certified by certain organizations.
Senate Sponsor: Senator Turner of the 8th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barnes Bwen BCoulrltionns
Deal Dean
Echols English Engram Foster Garner

Hammill Harris Howard Huggins Johnson KKeidndnedy
Land McKenzie
Newbill Parker Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd j^ay Scott of 36th Sbhhuummaakkee
*arr . Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Barker Brannon Broun Clay Coleman

Dawkins Edge Egan Fincher Fuller

Gillis (presiding) Langford Olmstead Scott of 2nd Walker

On the passage of the bill, the yeas were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

HB 1570. By Representative Redding of the 50th:
A bill to amend Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or struc tures, so as to provide that a hearing relating to a dwelling, building, or structure alleged to be unfit for habitation shall be held in the municipality when the prop erty in question is located within a municipality.
Senate Sponsor: Senator Walker of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert

Baldwin

Barker

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JOURNAL OF THE SENATE

Barnes Burton Collins Dea* ean
chols
Hammill Harris Howard Huggins

Johnson Kidd Land McKenzie Newbill Parker
Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th
Shumake Starr Stumbaugh
TTaavtelor
Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen
groun Clay Coleman

Dawkins Edge
Egan English Fincher

Fuller Garner
Kennedy (presiding) Langford Olmstead

On the passage of the bill, the yeas were 40, 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 Conference Committee report 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.

The Conference Committee report on SR 54 was as follows:

The Committee of Conference on SR 54 recommends that the House of Representatives recede from its position and that SR 54 as it passed the Senate be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Frank Albert Senator, 23rd District
M Eugene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bobby E. Parham Representative, 105th District
/s/ Carlton H. Colwell Representative, 4th District
/s/ Charlie Watts Representative, 41st District

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SR 54.

THURSDAY, FEBRUARY 15, 1990

1241

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge

Egan English Engram Foster Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Peevy 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:

Brannon Coleman Fincher Fuller Garner

Gillis Kennedy (presiding) Langford Newbill

Olmstead Parker Shumake Taylor

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SR 54.

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 867. By Representatives Brooks of the 34th, McKinney of the 35th, Thomas of the 31st, Stanley of the 33rd, Lucas of the 102nd and others:
A resolution declaring February 16, 1990, as Nelson Rolihlahla Mandela Day and urging the government of South Africa to continue its progress along the road to constructive change.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 458. By Representative Adams of the 79th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain persons who are allowed to continue as members of the retirement system may obtain certain creditable service; to provide requirements and for other mat ters relative thereto.
Senate Sponsor: Senator Timmons of the llth.

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The following Memorandum, 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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--House Bill 458 (LC 10 8336) Teachers Retirement System
This bill would allow Teachers Retirement System (TRS) members that are full-time employees of the Georgia Association of Educators, Georgia High School Association, Geor gia School Boards Association or a full-time executive secretary of the Georgia Vocational Association to obtain creditable service with the Teachers Retirement System for service rendered prior to July 1, 1984 provided that the certain identified conditions are met. The TRS board of trustees would be allowed to request and obtain documentation necessary to verify any service and compensation claimed as creditable service under the other provisions of the bill. If enacted, this bill would become effective July 1, 1990, provided it is deter mined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result

from the bill.

$ --0--

(2) The amount of annual normal cost which will result from the bill. $ --0--

(3) The employer contribution rate currently in effect.

13.48%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

13.48%

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ --0--

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/a/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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1243

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker
Bwen "ruorutonn
rCDoawlhknis.ns jjeaj Dean Echols Edge Egan English

Engram Foster Hammill Harris
Howard HJouhgngsionns
KTLaidndd, McKenzie Olmstead Parker Peevy Perry Phillips

Voting in the negative was Senator Barnes.

Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 2nd SShcoutmt aokfe36th
S0Sttuarmr b, augh, Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman Fincher

Fuller Garner Gillis

Kennedy (presiding) Langford Newbill

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed. The following resolution of the House was read and put upon its adoption:

HR 863. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Thursday, February 15, and to reconvene at 10:00 o'clock A.M. on Mon day, February 19.

On the adoption of the resolution, the yeas were 37, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.
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 1426. By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk.
Senate Sponsor: Senator Baldwin of the 29th.

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The Senate Committee on Industry and Labor offered the following amendment:
Amend HB 1426 by striking lines 4 and 5 of page 1 in their entirety and inserting in lieu thereof the following:
"as to allow the agent of an applicant for workers' compensation insurance to confirm in writing an insurer's refusal to cover the".
By striking on lines 25 through 27 of page 1 the following:
"or where the agent or agents of such insurers confirmed in writing the insurers' refusal to cover said risk",
and inserting in lieu thereof the following:
"or where the agent for the applicant for such insurance confirms in writing to the four insurers their refusal to cover said risk".
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
Senator Collins of the 17th offered the following substitute to HB 1426:
A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to authorize an employer or the employer's insurer to maintain an action against a third party who causes injury or death to such employee; to provide for the reward of damages, costs of litigation, and attorney's fees to the employer and employee in connection with an action against a third party; to provide for the division of attorney's fees in certain actions; to provide that a settlement or release involving a third party who causes injury or death to an employee shall not be binding unless notice is given to the employer and employee; to pro vide for the reimbursement of compensation costs, related expenses, and attorney's fees to an employer from a settlement with a third party; to provide for the payment of attorney's fees from the amount of a settlement; to provide for related matters; to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, is amended by adding im mediately following Code Section 34-9-11, relating to the exclusivity of rights and remedies granted to an employee under said chapter, new Code Sections 34-9-11.1 and 34-9-11.2 to read as follows:
"34-9-11.1. (a) Any employer who pays or becomes obligated to pay compensation to an employee or the dependents of an employee as the result of injury or death caused by a third-party tort-feasor may make a claim or maintain an action against such third party. In the event the employer maintains an action, the employer may recover in the action the total amount of compensation paid to the employee or to the dependents of the employee.
(b) In any action against a third party, the court shall first order paid from any judg ment for damages recovered the reasonable litigation expenses incurred in preparation and prosecution of such action, together with reasonable attorney's fees which shall be based solely upon the services rendered in effecting recovery for the benefit of both the employer and the employee. After the payment of such expenses and attorney's fees, the court shall apply out of the amount of such judgment an amount sufficient to reimburse the employer for the amount of his expenditure for compensation and shall order any excess paid to the injured employee or other person entitled thereto.
(c) The amount of reasonable litigation expenses and the amount of attorney's fees

THURSDAY, FEBRUARY 15, 1990

1245

under subsection (b) of this Code section shall be fixed by the court. Where the employer and employee are represented by separate attorneys, they may propose to the court, for its consideration and determination, the amount and division of such expenses and fees.
34-9-11.2. (a) No release or settlement involving a third party who causes injury or death to an employee, regardless of whether or not an action has been brought, shall be valid or binding as to any party thereto without notice to both the employer and the em ployee, with opportunity to the employer to recover the amount of compensation he has paid or become obligated to pay and opportunity to the employee to recover all damages he has suffered and with provision for determination of expenses and attorney's fees as pro vided in this Code section.
(b) The entire amount of any settlement, regardless of whether or not an action has been brought, shall be subject to the employer's full claim for reimbursement for compensa tion he has paid or become obligated to pay, together with related expenses and attorney's fees.
(c) Where settlement is effected, regardless of whether or not an action has been brought, solely through the efforts of the employee's attorney, then prior to the reimburse ment of the employer, as provided in subsection (b) of this Code section, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting such settlement, including costs of the action, if any, together with reasonable attorney's fees to be paid to the employee's attorney for services in securing and effecting settlement for the benefit of both the employer and the employee.
(d) Where settlement is effected, regardless of whether or not an action has been brought, solely through the efforts of the employer's attorney, then, prior to the reimburse ment of the employer as provided in subsection (b) of this Code section, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting such settlement, including costs of the action, if any, together with reasonable attorney's fees to be paid to the employer's attorney for services in securing and effecting settlement for the benefit of both the employer and the employee.
(e) Where both the employer and the employee are represented by the same agreed attorney or by separate attorneys in effecting a settlement, with or without the action, prior to reimbursement of the employer, as provided in subsection (b) of this Code section, there shall be deducted from the amount of the settlement the reasonable expenses incurred by both the employer and the employee or on behalf of either, including costs of the action, if any, together with reasonable attorney's fees to be paid to the respective attorneys for the employer and the employee, based upon the respective services rendered in securing and effecting settlement for the benefit of the party represented. In the event both parties are represented by the same attorney, by agreement, the attorney's fees shall be based on the services rendered for the benefit of both.
(f) The amount of expenses and attorney's fees referred to in this Code section, on settlement of an action or on any settlement requiring court approval, shall be set by the court. Where the employer and the employee are represented by separate attorneys, they may propose to the court, for consideration and determination, the amount and division of such expenses and fees."
Section 2. Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, is amended by striking Code Section 34-9-133, relating to the apportionment and assignment of rejected workers' compensation risks, and inserting in its place a new Code Section 34-9-133 to read as follows:
"34-9-133. The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is author ized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation

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JOURNAL OF THE SENATE

insurance refused, in writing, to issue the workers' compensation policy to cover said risk or where the agent or agents of such insurers confirmed in writing the insurers' refusal to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Commissioner of Insurance. Then, such established or approved method shall imme diately assign an insurer to write such risk. Where such assignment has been made under the aforementioned method, the board shall not make the assignment."
Section 3. Section 1 of this Act shall become effective on July 1, 1990, and shall be applicable to any cause of action arising on or after July 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, 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:

Albert Barker Burton Collins Gillis

Harris Kidd Newbill Phillips Ragan of 32nd

Ray Shumake Stumbaugh Taylor

Those voting in the negative were Senators:

Allgood Baldwin Barnes Bowen Broun Clay Dawkins Deal Dean Echols Edge Egan

English Engram Foster Fuller Garner Hammill Huggins Johnson McKenzie Olmstead Parker

Peevy Perry Pollard Ragan of 10th Scott of 2nd Scott of 36th Starr Tate Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman Fincher

Howard Kennedy (presiding) Land

Langford Timmons

On the adoption of the substitute, the yeas were 14, nays 34, and the substitute 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:

Albert Allgood Baldwin Barker Barnes

Bowen Broun Burton Clay Collins

Dawkins Deal Dean Echols Edge

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1247

Egan English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson

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 Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Brannon Coleman

Fincher Kennedy (presiding)

Langford

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1149. By Representative Alien of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, fire men, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".
Senate Sponsor: Senator Broun of the 46th.

The Senate Committee on Public Safety offered the following substitute to HB 1149:

A BILL
To be entitled an Act to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, fire men, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty"; to provide that certain determinations shall not be considered in the determination of whether a law enforcement officer is entitled to certain other benefits; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking subparagraph (C) of paragraph (4) of said Code section in its entirety and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such of ficer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disabil ity shall not be considered in the line of duty unless he has left the scope of his employment for the private employer for the direct purpose of enforcing or attempting to enforce the criminal or traffic laws, preserving or attempting to preserve public order, protecting or at tempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The de-

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termination that a law enforcement officer was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this article shall not be considered in the determination of the entitlement of such officer to workers' compensation, disability, health, or other benefits from his public or private employer; or".
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 Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan

Engram Foster Garner Gillis Hammill Muggins Johnson Kidd Land McKenzie Olmstead Parker Peevy 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 Brannon Coleman English Fincher

Fuller Harris Howard Kennedy (presiding)

Langford Newbill Perry 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.

HR 586. By Representative Royal of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.
Senate Sponsors: Senators Timmons of the llth and Scott of the 2nd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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1249

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 Bwen BCluaryton

Engram Foster Garner Harris Muggins JKoihdndson

Collins Dawkins Deal
Echols
Edge
Egan

Land Newbill Olmstead
Parker
Peevy
Phillips

Pollard Ragan of 10th Ragan of 32nd pjay Scott of 36th SQt, umb, augh,
at<
Timmons Turner Tysinger Walker

Those not voting were Senators:

Barker Brannon Broun Coleman Dean English

Fincher Fuller Gillis Hammill Howard Kennedy (presiding)

Langford McKenzie Perry Scott of 2nd Shumake Starr

On the adoption of the resolution, the yeas were 38, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1622. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for definitions; to authorize the commissioner of revenue to enter into certain cooperative recip rocal agreements with other states, the District of Columbia, and states or prov inces of foreign governments pertaining to registration and licensing of commer cial vehicles.

HB 141. By Representative Connell of the 87th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional steps on the salary schedule for secretaries of judges of the superior courts; to provide that these increases will be designated as L steps and may be granted not more often than every two years.

The following bills of the House were read the first time and referred to committees:

HB 141. By Representative Connell of the 87th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional steps on the salary schedule for secretaries

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of judges of the superior courts; to provide that these increases will be designated as L steps and may be granted not more often than every two years.

Referred to Committee on Judiciary.

HB 1622. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for definitions; to authorize the commissioner of revenue to enter into certain cooperative recip rocal agreements with other states, the District of Columbia, and states or prov inces of foreign governments pertaining to registration and licensing of commer cial vehicles.
Referred to Committee on Public Safety.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appoint ment, terms, allowances, expenses, and removal of members.
Senate Sponsors: Senators English of the 21st and Ragan of the 10th.

Senator English of the 21st offered the following amendment:

Amend HB 1226 by striking "commission" from line 18 of page 4 and inserting in its place the following:
"the State Health Planning Agency for such commission purposes".
By striking lines 9 through 22 of page 5 and inserting in their place the following:
"(g) The commission shall be provided with staff members, office facilities, supplies, and other necessary items by the State Health Planning Agency to the extent there are sufficient appropriations to the agency to fund such items for the commission. The State Health Planning Agency is authorized to carry out data gathering and processing functions required by the commission and, on behalf of the commission, is authorized to contract with any department or agency of the state to carry out data gathering and processing functions required by the commission, but only to the extent there are sufficient appropriations to the State Health Planning Agency for such purposes."

On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin

Barker Barnes Bowen

Broun Burton Clay

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1251

Collins Dawkins Deal Dean
English Engrain Foster Garner Gillis Hammill Harris

Howard Huggins Johnson
Kidd Land 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:

Brannon
Coleman Fincher

Fuller Kennedy (presiding)

Langford Scott of 2nd

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 1419. 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 provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal dep uty registrar; to provide for powers and duties.
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
Burton Dawkins Deal Echols
Edge Egan English Engram

Foster Fuller Garner Gillis Hammill Harris
Huggins Johnson Kidd Land
McKenzie Newbill Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray
Scott of 36th Starr Stumbaugh Tate
Taylor Timmons Turner Tysinger

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Those not voting were Senators:

Brannon
Broun Clay Coleman Collins

Dean
Fincher Howard Kennedy (presiding) Langford

Olmstead Scott of 2nd
Shumake Walker

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 255. By Representatives Porter of the 119th and Jamieson of the llth:
A bill to amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to author ize the commissioner of public safety to assess a fine against an insurer which sends a notice of cancellation to the Department of Public Safety in violation of the department's regulations.
Senate Sponsor: Senator Perry of the 7th.

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 Collins Dawkins Deal Dean Edge Egan English

Engram Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Coleman Echols

Fincher Howard Kennedy (presiding) Langford

Ragan of 10th Shumake Taylor

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 156. By Representative Kingston of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retire ment System of Georgia for service as a teacher, so as to authorize creditable

THURSDAY, FEBRUARY 15, 1990

1253

service to be obtained for certain teaching service as an employee of a county school district which maintained a local retirement system.
Senate Sponsor: Senator Pollard of the 24th.

The following Memorandum, 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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--House Bill 156 (LC 7 7438S) Employees' Retirement System
This bill would allow members of the Employees' Retirement System (ERS) to obtain creditable service for service as teacher (in a county with a local retirement system) prior to July 1, 1979. The member must not be eligible for any benefit from the local retirement system and must pay employer and employee contributions plus regular interest (to ERS) for the service claimed. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result

from the bill.

$ Negligible

(2) The amount of annual normal cost which will result from the bill. $ 0

(3) The employer contribution rate currently in effect.

17.85%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

17.85%

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ Negligible

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen BTMn urton
Deal Dean Echols Edge English Engram Foster

Fuller Garner Gillis
Hammill
Harris Howard Huggins Johnson vjj Kldd Land McKenzie Newbill Olmstead Parker Peevy

Perry Phillips Pollard
Ragan of 10th
Ragan of 32nd Ray Scott of 2nd Scott of 36th cu Starr Stumbaugh Tate Taylor Timmons Turner Walker

Those voting in the negative were Senators:

Dawkins

Egan

Tysinger

Those not voting were Senators:

Barnes Brannon Coleman

Fincher Kennedy (presiding)

Langford Shumake

On the passage of the bill, the yeas were 46, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1417. By Representatives Kilgore of the 42nd, Godbee of the 110th and Birdsong of the 104th:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the num ber of days for which per diem is allowed for members of the State Transporta tion Board.
Senate Sponsors: Senators Coleman of the 1st and Huggins of the 53rd.

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 Dawkins Deal Dean

Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill Harris

Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips

THURSDAY, .FEBRUARY 15, 1990

1255

Pollard Ragan of 10th
Ragan of 32nd Ray

Scott of 36th Starr
Stumbaugh Tate

Taylor Timmons
Turner Tysinger

Those not voting were Senators:

Barnes Brannon Coleman Collins

Fincher Kennedy (presiding) Langford McKenzie

Scott of 2nd Shumake Walker

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general resolution of the House, having been read the third time on Janu ary 8 and committed to the Senate Committee on Public Utilities, and favorably reported by the committee, was put upon its adoption:

HR 89. By Representative Parham of the 105th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Public Utilities offered the following substitute to HR 89:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain parcel of real property con taining 6.24 acres located in Baldwin County, Georgia; and
WHEREAS, said property is under the custody and management of the State Proper ties Commission; and
WHEREAS, the said real property is described as follows:
"That certain now vacant and unimproved triangular-shaped lot, piece or parcel of land situate, lying and being along and immediately adjoining the original northwesterly limit line of the City of Milledgeville-Gray State Highway, which is now identified as State High way Route #22, and on and along the southerly side of the curvature of the right-of-way of the paved northerly projection of North Cobb Street, in the original first land and present 308th militia district, in Baldwin County, Georgia, it lying in and being a part of land lot number 282, containing an area of six and twenty-four one hundredths (6.24) acres, and is more particularly described by a plat of survey dated January 22, 1966, prepared by Calvin W. Rice, Georgia Registered Land Surveyor No. 58, which plat is 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 future purchaser";
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 State Route 22 or North Cobb Street.

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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 State of Georgia, acting by and through its State Properties Com mission, is authorized and empowered to convey the above-described property to the highest bidder for a consideration of not less than the fair market value of the property and upon such other 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 the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 4. 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 by the state be filed with the State Properties Com mission and accompanied by a plat of the property conveyed, the plat of survey of the property, prepared by a Georgia registered land surveyor, the conveyance of which is au thorized 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.
Section 5. 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 of this resolution.
Section 6. That all laws and parts of laws in conflict with this resolution 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 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 Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English

Engram Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Land 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:

Barnes Brannon

Coleman Fincher

Harris Kennedy (presiding)

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Langford McKenzie

Pollard

Shumake

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 587. By Representative Royal of the 144th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Mitchell County, Georgia.
Senate Sponsors: Senators Timmons of the llth and Scott of the 2nd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Bowen Broun Burton Clay Dawkins Deal Dean Echols Edge Egan

English Engram Foster Fuller Hammill Harris Howard Huggins Kidd Land McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Barnes Brannon Coleman Collins Fincher

Garner Gillis Johnson Kennedy (presiding) Langford

Pollard Scott of 2nd Shumake Starr

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

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The following general resolution of the Senate, having been read the third time on Jan uary 31 and postponed until February 15, was put upon its adoption:
SR 332. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th: A resolution ratifying the supplemental funding formula for regional develop ment centers established by the Department of Community Affairs; to provide for an effective date.
Senator McKenzie of the 14th offered the following amendment:
Amend SR 332 by adding on page 1, line 11, and on page 2, line 4, where the blank line occurs, the following:
"February 14, 1990".
Senator McKenzie of the 14th moved that SR 332 be postponed until Monday, Febru ary 19.
On the motion, the yeas were 42, nays 0; the motion prevailed, and SR 332 was post poned until Monday, February 19.
Senator Kidd of the 25th moved that the Senate reconsider its action in postponing SR 332.
Senator Kidd of the 25th asked unanimous consent to withdraw his motion, and the consent was granted.
The following resolutions of the Senate and House were read and adopted:
SR 456. By Senator Walker of the 43rd: A resolution proclaiming February 18, 1990, as Freedom for South Africa Day.
HR 867. By Representatives Brooks of the 34th, McKinney of the 35th, Thomas of the 31st and others: A resolution declaring February 16, 1990, as Nelson Rolihlahla Mandela Day and urging the government of South Africa to continue its progress along the road to constructive change.
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 1714. By Representative Crawford of the 5th: A bill to amend an Act providing for the method of filling vacancies in the mem bership of the Chattooga County Hospital Authority, so as to change the method of filling such vacancies.
HB 1575. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to provide that those members of the board of commissioners elected at the general election in November, 1988 shall serve until December 31, 1991.

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The House has disagreed to the Senate substitutes to the following bills of the House:
HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Smith of the 156th, Walker of the 115th 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.
HB 1219. By Representatives Robinson of the 96th and Buck of the 95th: A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1609. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th, Groover of the 99th, Ricketson of the 82nd and others: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that certain group or blanket accident and sickness insurance policies or con tracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer.
The following bill of the House was read the first time and referred to committee:
HB 1609. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th and others: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that certain group or blanket accident and sickness insurance policies or con tracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer.
Referred to Committee on 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 resolution and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SR 315.
Respectfully submitted, Is/ Waymond C. Huggins, Chairman
Senator, District 53
Senator Allgood of the 22nd moved that the Senate stand in recess until 5:00 o'clock

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P.M. at which time the Senate would stand adjourned, pursuant to HR 863 adopted previ ously, until 10:00 o'clock A.M. Monday, February 19.
At 1:25 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. Monday, February 19, pursuant to HR 863 adopted previously.

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Senate Chamber, Atlanta, Georgia Monday, February 19, 1990
Twenty-ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 o'clock A.M. and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of the proceedings of Thursday, February 15, 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 1829. By Representatives Floyd of the 154th and Chance of the 129th: A bill to amend an Act creating a new charter of the City of Hinesville, so as to provide for the election of city council members from districts by the residents of such districts.
HB 1851. By Representative Bannister of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
HB 1853. By Representative Branch of the 137th: A bill to provide for the composition of the Board of Education of Ben Hill County and for the election of the members of said board; to provide for their terms of office; to provide for electoral districts of board members.
HB 1855. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to provide a homestead exemption from all Douglas County School District ad valorem taxes for educational purposes of 50 percent of the assessed value of such homestead to certain residents of the Douglas County School District who are disabled or who are 65 years of age or over but less than 70 years of age, regardless of income.
HB 1856. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to provide for the compensation and allowances of the commis sioner; to provide that the commissioner shall set the compensation of his staff.
HB 1857. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to provide that the compensation of the coroner and any staff of the coroner shall be set by the commissioner of Catoosa County.

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HB 1858. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the membership of the board.
HB 1859. By Representatives Kilgore of the 42nd and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $8,000.00 of the assessed value of the homestead for cer tain residents of Douglas County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
HB 1860. By Representatives Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Aaron of the 56th, Lawrence of the 49th and others:
A bill to amend an Act providing for the deferral of City of Decatur ad valorem taxes for certain elderly persons, so as to change a condition of eligibility for the deferral.
HB 1861. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $6,000.00 of the assessed value of such homestead for certain residents of Douglas County.
HB 1862. By Representatives Barfoot of the 120th, Byrd of the 153rd and Moody of the 153rd:
A bill to provide for the membership of the Toombs County Development Authority.
HB 1863. 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 establishing a City Court in the County of Clarke, so as to change the compensation of the Solicitor of the court; to make the Solicitor a full-time Solicitor.
HB 1616. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to the place of detention of juvenile offenders, so as to change the facili ties in which certain unruly children may be detained and the conditions regard ing such detention.
HB 1629. By Representatives Watts of the 41st, McKelvey of the 15th, Twiggs of the 4th, Moody of the 153rd, Redding of the 50th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, so as to change the record requirements of a licensed taxidermist; to provide for resident and nonresident taxidermist licenses and license fees.
SB 590. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to provide for a code of ethics for the members of the governing authority of DeKalb County.

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SB 685. By Senator Bowen of the 13th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the provisions relating to the compensation of the deputy sheriffs employed by the sheriff of Irwin County; to provide for the appointment of deputy sheriffs under certain conditions.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 763. By Representatives Buck of the 95th and Mangum of the 57th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by general law to provide for an educa tional trust fund to assist students and parents of students in financing postsecondary education; to provide for advance payment of tuition contracts.
HR 588. By Representatives Birdsong of the 104th and Moody of the 153rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991.
HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1678. By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for prepaid limited health care service organizations; to provide for a short title.
HB 842. By Representative Parham of the 105th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for the disclosure of AIDS confidential infirmation in certain proceedings and proce dures regarding mentally ill, mentally retarded, alcoholic, or drug dependent per sons and in certain guardianship proceedings and procedures and provide for conditions and procedures relating thereto.
HB 1323. By Representatives Thompson of the 20th, Smyre of the 92nd, Oliver of the 53rd, Richardson of the 52nd, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Inves tigation, so as to provide for the office of state medical examiner and provide for the appointment, qualifications, and duties of that office; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain requirements for coroners.

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HB 1498. By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for dam ages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section.
HB 1754. By Representatives Lee of the 72nd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Olympic Games Authority Act," so as to define and redefine certain terms; to change provisions relating to local and state government entities' participation in authority affairs; to change provisions relating to costs of projects of the authority and what con stitutes Olympic games.
HB 1665. By Representatives Walker of the 115th, Jackson of the 9th, Groover of the 99th, Isakson of the 21st, Coleman of the 118th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide for issuance of license plates to Justices of the Supreme Court and Judges of the Court of Appeals on the same basis as license plates are issued to certain other officials.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 779. By Representatives Smith of the 156th, Fennel of the 155th, Walker of the 115th and Coleman of the 118th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a certain beach area, in, on, over, under, across, or through prop erty owned or claimed by the State of Georgia in Glynn County, Georgia.
HR 778. By Representatives Edwards of the 112th, Dobbs of the 74th, Hooks of the 116th and Adams of the 79th:
A resolution creating the Joint Study Committee on Hazardous Waste Management.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1278. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory por tion of the Official Code of Georgia Annotated, as amended; to provide for neces sary or appropriate revisions and modernizations of matters contained in the Of ficial Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.

MONDAY, FEBRUARY 19, 1990

1265

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1559. By Representatives Waddle of the 113th and Watson of the 114th: A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the deannexation of certain property from the corporate limits of said city.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1439. By Representative Walker of the 115th: A bill to create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a pub lic corporation to have the responsibility of promotion of tourism, trade, and con ventions for Perry, Georgia.
The House has agreed to the Senate amendment to the House substitute to the follow ing bill of the Senate:
SB 349. By Senator Fuller of the 52nd: A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 737. By Senator Dean of the 31st: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess vehicle weights and dimensions, so as to authorize the issuance of special permits for oversized loads for vehicles transporting cer tain commodities on all roads and without regard to whether the load can be dismantled or separated.
Referred to Committee on Transportation.
SB 738. By Senator Bowen of the 13th:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide for a bill of rights for firefighters; to provide for a short title; to provide for definitions. Referred to Committee on Public Safety.

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JOURNAL OF THE SENATE

SB 739. By Senator Bowen of the 13th:
A bill to amend Chapter 1 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions concerning fire protection and safety, so as to pro vide under certain conditions a certain presumption with respect to the death or total disability of a uniformed member of a paid fire department resulting from smoke inhalation. Referred to Committee on Public Safety.
SB 740. By Senators Collins of the 17th, Edge of the 28th, Newbill of the 56th and Phil lips of the 9th:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results. Referred to Committee on Judiciary.
SB 741. By Senators Perry of the 7th, Turner of the 8th and Ragan of the 10th:
A bill to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to fees for fishing and hunting licenses and permits, so as to provide for licensing and fees for salt-water fishing licenses for nonresidents. Referred to Committee on Natural Resources.
SB 742. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 743. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 744. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
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 State Court of Cobb County; to provide an effective date. Referred to Committee on Urban and County Affairs.
SB 745. By Senator Newbill of the 56th:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a new charter for the City of Sandy Springs; to provide for incorporation, bounda ries, 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, com pensation, qualifications, prohibitions, and removal from office relative to mem bers of such governing authority. Referred to Committee on Urban and County Affairs.

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SB 746. By Senators Turner of the 8th, Starr of the 44th and Gillis of the 20th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to revise comprehensively the provisions relative to the disposition of unclaimed property; to provide a short title; to de fine certain terms. Referred to Committee on Banking and Finance.
SR 452. By Senators Tysinger of the 41st and Gillis of the 20th:
A resolution creating the Senate Urban Creeks Study Committee. Referred to Committee on Natural Resources.
SR 454. By Senators Perry of the 7th, Echols of the 6th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that standing trees shall be exempt from ad valorem taxation; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on Banking and Finance.
SR 455. By Senators Peevy of the 48th, Foster of the 50th and Deal of the 49th:
A resolution creating a Senate Study Committee on the Equalized Adjusted School Property Tax Digest. Referred to Committee on Education.
SR 457. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to provide for the office of Commissioner of Education in place of the office of State School Superintendent; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Education.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 842. By Representative Parham of the 105th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for the disclosure of AIDS confidential information in certain proceedings and proce dures regarding mentally ill, mentally retarded, alcoholic, or drug dependent per sons and in certain guardianship proceedings and procedures and provide for conditions and procedures relating thereto. Referred to Committee on Governmental Operations.
HB 1323. By Representatives Thompson of the 20th, Smyre of the 92nd, Oliver of the 53rd and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Inves tigation, so as to provide for the office of state medical examiner and provide for the appointment, qualifications, and duties of that office; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain requirements for coroners. Referred to Committee on Special Judiciary.

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JOURNAL OF THE SENATE

HB 1498. By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for dam ages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section. Referred to Committee on Judiciary.
HB 1616. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to the place of detention of juvenile offenders, so as to change the facili ties in which certain unruly children may be detained and the conditions regard ing such detention. Referred to Committee on Judiciary.
HB 1629. By Representatives Watts of the 41st, McKelvey of the 15th, Twiggs of the 4th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, so as to change the record requirements of a licensed taxidermist; to provide for resident and nonresident taxidermist licenses and license fees. Referred to Committee on Natural Resources.
HB 1665. By Representatives Walker of the 115th, Jackson of the 9th, Groover of the 99th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide for issuance of license plates to Justices of the Supreme Court and Judges of the Court of Appeals on the same basis as license plates are issued to certain other officials. Referred to Committee on Public Safety.
HB 1678. By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for prepaid limited health care service organizations; to provide for a short title. Referred to Committee on Insurance.
HB 1754. By Representatives Lee of the 72nd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Olympic Games Authority Act," so as to define and redefine certain terms; to change provisions relating to local and state government entities' participation in authority affairs; to change provisions relating to costs of projects of the authority and what con stitutes Olympic games. Referred to Committee on Urban and County Affairs (General).
HR 588. By Representatives Birdsong of the 104th and Moody of the 153rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to licensed

MONDAY, FEBRUARY 19, 1990

1269

emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991. Referred to Committee on Public Safety.
HR 763. By Representatives Buck of the 95th and Mangum of the 57th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by general law to provide for an educa tion trust fund to assist students and parents of students in financing postsecondary education; to provide for advance payment of tuition contracts.
Referred to Committee on Education.
HR 778. By Representatives Edwards of the 112th, Dobbs of the 74th, Hooks of the 116th and Adams of the 79th: A resolution creating the Joint Study Committee on Hazardous Waste Management.
Referred to Committee on Natural Resources.
HR 779. By Representatives Smith of the 156th, Fennel of the 155th, Walker of the 115th and Coleman of the ilSth: A resolution granting a nonexclusive easement for construction, operation, and maintenance of a certain beach area, in, on, over, under, across, or through prop erty owned or claimed by the State of Georgia in Glynn County, Georgia.
Referred to Committee on Public Utilities.
HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th and others: A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.
Referred to Committee on Banking and Finance.
HB 1829. By Representatives Floyd of the 154th and Chance of the 129th: A bill to amend an Act creating a new charter of the City of Hinesville, so as to provide for the election of city council members from districts by the residents of such districts.
Referred to Committee on Urban and County Affairs.
HB 1851. By Representative Bannister of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1853. By Representative Branch of the 137th: A bill to provide for the composition of the Board of Education of Ben Hill County and for the election of the members of said board; to provide for their terms of office; to provide for electoral districts of board members.
Referred to Committee on Urban and County Affairs.
HB 1855. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to provide a homestead exemption from all Douglas County School District ad valorem taxes for educational purposes of 50 percent of the assessed value of

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such homestead to certain residents of the Douglas County School District who are disabled or who are 65 years of age or over but less than 70 years of age, regardless of income. Referred to Committee on Urban and County Affairs.
HB 1856. By Representative Poston of the 2nd:
A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to provide for the compensation and allowances of the commis sioner; to provide that the commissioner shall set the compensation of his staff. Referred to Committee on Urban and County Affairs.
HB 1857. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to provide that the compensation of the coroner and any staff of the coroner shall be set by the commissioner of Catoosa County. Referred to Committee on Urban and County Affairs.
HB 1858. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the membership of the board. Referred to Committee on Urban and County Affairs.
HB 1859. By Representatives Kilgore of the 42nd and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $8,000.00 of the assessed value of the homestead for cer tain residents of Douglas County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over. Referred to Committee on Urban and County Affairs.
HB 1860. By Representatives Richardson of the 52nd, Redding of the 50th, Williams of the 48th and others:
A bill to amend an Act providing for the deferral of City of Decatur ad valorem taxes for certain elderly persons, so as to change a condition of eligibility for the deferral. Referred to Committee on Urban and County Affairs.
HB 1861. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $6,000.00 of the assessed value of such homestead for certain residents of Douglas County. Referred to Committee on Urban and County Affairs.
HB 1862. By Representatives Barfoot of the 120th, Byrd of the 153rd and Moody of the 153rd:
A bill to provide for the membership of the Toombs County Development Authority. Referred to Committee on Urban and County Affairs.

MONDAY, FEBRUARY 19, 1990

1271

HB 1863. 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 establishing a City Court in the County of Clarke, so as to change the compensation of the Solicitor of the court; to make the Solicitor a full-time Solicitor.
Referred to Committee on Urban and County Affairs.

The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Banking and Finance has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 776. Do pass.

HB 1623. Do pass.

HB 1381. Do pass.

HR 279. Do pass.

HB 1447. Do pass.

Respectfully submitted,

Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Children and Youth has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 560. Do pass as amended.
Respectfully submitted,
Senator Barker of the 18th District, Chairman

Mr. President:

The Committee on Defense and Veterans Affairs has had under consideration the fol lowing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 442. Do pass.
Respectfully submitted,
Senator Ray of the 19th 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 1421. Do pass. HB 1422. Do pass. HB 1546. Do pass.
Respectfully submitted,
Senator Dawkins of the 45th District, Chairman

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Mr. President:
The Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 610. Do pass as amended. Respectfully submitted, Senator Dawkins of the 45th District, Chairman
Mr. President:
The Committee on Judiciary 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 416. Do pass as amended. Respectfully submitted, Senator Deal of the 49th District, Chairman
Mr. President:
The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations:
SB 699. Do pass. SB 727. Do pass. SB 729. Do pass.
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 Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 643. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman
Mr. President:
The Committee on Public Safety 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 455. Do pass. HB 1191. Do pass.
Respectfully submitted, Senator Bowen of the 13th District, Chairman

MONDAY, FEBRUARY 19, 1990

1273

Mr. President:

The Committee on Transportation has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SR 444. Do pass.
Respectfully submitted,
Senator Coleman of the 1st District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 656. Do pass as amended.

HR 592. Do pass.

SB 701. Do pass by substitute.

HR 735. Do pass.

SR 419. Do pass.

HR 761. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1771. Do pass.

HB 1788. Do pass.

HB 1772. Do pass.

HB 1795. Do pass.

HB 1773. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1608. Do pass by substitute.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

The following bills and resolutions of the Senate and House were read the second time:

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

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SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.
SB 514. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide for publica tion of the name of each person convicted of offenses involving drugs; to provide for definitions; to provide for the duties of the clerk; to provide for fees; to pro vide for publication costs; to provide an effective date.
SB 534. By Senators Ray of the 19th, Gillis of the 20th and English of the 21st:
A bill to amend Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources; to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to provide that a petition for judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court.
SB 644. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to create a Waste Reduction Assistance Ser vice at an institution within the University System of Georgia; to provide for the functions, duties, and powers of the service; to provide for licenses and fees; to provide for severability and construction; to provide for related matters; to pro vide an effective date.
SB 658. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances.
SB 688. By Senator Shumake of the 39th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize a competent adult to appoint an agent to make health care decisions on behalf of such person; to provide a short title; to provide for legislative purpose; to provide definitions; to provide for limitations on health care agencies; to provide for revocation and amendment of health care agencies.
SB 695. By Senators Garner of the 30th, Howard of the 42nd, Edge of the 28th and others:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems.
SB 696. By Senators Baldwin of the 29th, Edge of the 28th and Howard of the 42nd:
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 change

MONDAY, FEBRUARY 19, 1990

1275

the provisions relating to low phosphorus household laundry detergents; to pro vide for a statement of purpose; to provide for definitions.
SB 704. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Election Code," so as to make it unlawful for any election official during his term of office for himself or on behalf of any business or for any business in which such election official or member of his family has a substantial interest to transact any business with the county or any agency or authority thereof or with any municipality located wholly or partly within such county.
SB 714. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to provide for water quality standards for certain lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply.
SB 716. By Senators Taylor of the 12th, Perry of the 7th, Collins of the 17th and English of the 21st:
A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, handling, and transportation of hazardous materials, so as to provide that certain aboveground storage tanks for diesel fuel shall not be prohibited.
SB 725. By Senator Parker of the 15th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that nursing homes shall notify residents, residents' representatives, residents' next of kin, and potential residents of the facility's violation of applicable rules and regulations and of related actions by the department; to provide for lists of nursing homes which have violated certain rules and regulations.
SB 728. By Senator Foster of the 50th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employment of certain minors in the care and maintenance of lawns, gardens, and shrubbery if such minor is covered either by an accident and sickness insurance plan or a workers' compensation insurance plan and if certain other conditions are met.
SR 303. By Senator Broun of the 46th:
A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee.
SR 404. By Senator Dawkins of the 45th:
A resolution creating the Senate Public School Child Care Study Committee.
SR 423. By Senators Fuller of the 52nd, Barnes of the 33rd and Peevy of the 48th:
A resolution proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony involving moral turpitude shall be eligible to hold any office or appointment of honor or trust in this state unless that person's civil rights have been restored and ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of an-

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other felony involving moral turpitude; to provide for the submission of this amendment for ratification or rejection.
SR 430. By Senators Clay of the 37th, Dawkins of the 45th and Scott of the 36th: A resolution creating the Senate Medical Waste Disposal Study Committee.
SR 432. By Senator English of the 21st: A resolution providing that the Department of Natural Resources should not promulgate certain requirements applicable to gasoline service stations until such time as amendments to the Federal Clean Air Act have been finalized by Con gress; to provide an effective date.
SR 438. By Senators Garner of the 30th, Dean of the 31st, Baldwin of the 29th and others: A resolution expressing displeasure at consideration by the State Personnel Board of a plan to offer state employees a mail order prescription drug program.
HB 198. By Representatives Clark of the 13th, McKinney of the 35th, McKinney of the 40th and others: A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement Sys tem, so as to change the provisions relating to the retirement allowance.
HB 230. By Representatives Smyre of the 92nd and Green of the 106th: A bill to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, so as to provide for a minimum state salary; to provide that such minimum state salary shall apply to the calculation of spouses' benefits.
HB 441. By Representatives Porter of the 119th and Birdsong of the 104th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain service as a state court judge.
HB 539. By Representative Holmes of the 28th: A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Geor gia which are applicable to particular groups of employees, so as to provide that certain employees and former employees of county departments of family and children services shall have the option to obtain creditable service under the Em ployees' Retirement System of Georgia.
HB 577. By Representatives Parham of the 105th 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 authorize drug bidding programs and rebates relating thereto.
HB 695. By Representative Heard of the 43rd: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable ser vice to be obtained for certain active duty service in the armed forces of the United States as a member of a National Guard unit which was called into fed eral service.

MONDAY, FEBRUARY 19, 1990

1277

HB 752. By Representative Parrish of the 109th:
A bill to amend Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, so as to authorize certain members to transfer their membership to the Employees' Re tirement System of Georgia.
HB 754. By Representative Parrish of the 109th:
A bill to amend Code Section 47-2-163 of the Official Code of Georgia Annotated, relating to the provision of the Employees' Retirement System of Georgia au thorizing survivors benefits for members of the General Assembly, so as to change the provisions relating to such coverage for survivors benefits.
HB 764. By Representatives Parrish of the 109th, Parham of the 105th and Moore of the 139th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to the effects of convictions for certain crimes on member ship in public retirement systems, so as to provide that no person who commits or conspires to commit the murder or voluntary manslaughter of a member, re tiree, or beneficiary under a public retirement system shall receive a refund of contributions or any benefit.
HB 769. By Representative Edwards of the 112th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commis sions, and entities being members of the Employees' Retirement System of Geor gia, so as to provide that all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of said retirement system.
HB 796. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the imposition of development impact fees by municipal and county governments; to provide legislative intent; to provide definitions; to provide procedures for the adoption and implementation of such fees; to provide for credits and refunds.
HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
HB 1095. By Representatives Moore of the 139th, Jamieson of the llth, Parham of the 105th and Parrish of the 109th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to the service retirement allowance and calculation of retirement benefits or allowances under the Employees' Retirement System of Georgia, so as to change the retirement allowance.
HB 1163. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 42-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally,

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meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws.
HB 1225. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide a short title; to provide for the withdrawal of recognition, campus expulsion, and termination of the use of University System of Georgia property or facilities to any student or ganization which knowingly permits or condones the sale, distribution, posses sion, use, or consumption of any controlled substance, dangerous drug, or alco holic beverage in a manner contrary to law.
HB 1333. By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to reenact Article 1 thereof relating to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission.
HB 1366. By Representative Reaves of the 147th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to change the definition of the term "stable"; to change the provisions relating to licenses for pet dealers and kennels, stables, or animal shelter operators.
HB 1367. By Representative Reaves of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to the powers of the Commissioner of Agriculture to deal with certain diseases.
HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclo sure reports shall include the occupation or place of employment of certain contributors.
HB 1463. By Representative Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "invest ment adviser"; to provide that a person shall not hold himself out as an invest ment adviser or financial planner unless such person is registered as such under this chapter.
HB 1557. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to amend Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change the provisions relating to the membership of the Georgia Aviation Hall of Fame.

MONDAY, FEBRUARY 19, 1990

1279

HB 1560. By Representatives Cummings of the 17th, Floyd of the 135th and Parrish of the 109th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the title of the executive officer of the retirement system; to delete a provision relating to the treatment for tax purposes of employee contributions made by employers; to delete a provision relative to the age for mandatory retirement.
HB 1628. By Representatives Holmes of the 28th, Goodwin of the 63rd, Moultrie of the 93rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates.
HR 585. By Representatives Crawford of the 5th and Porter of the 119th:
A resolution proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides.
The President called for the morning roll call, and the following Senators answered to their names:

Albert Baldwin Barker Barnes Bowen
^u,rton CCoollleimnsan Dawkins Deal
Dean Echols Edge English Engram

Fincher Foster Fuller Gillis Hammill
HVf.ms KJoehnnnseodny Kidd Land
Langford McKenzie Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of
Ragan of 32nd SSccootttt ooff 23n6dth Sc,humak, e btarr Stumbaugh
Tate Taylor Timmons Turner Tysinger

Those not answering were Senators:

Allgood Clay

Egan Garner

Ray Walker

Senator Huggins of the 53rd introduced the chaplain of the day, Reverend David Grebel, pastor of the Peavine Baptist Church, Rock Spring, Georgia, who offered scripture reading and prayer.

On February 19, 1990, the Governor informed the Senate, in a Memorandum received

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by the Secretary of the Senate, of the following Sections of HB 1288, a bill providing for appropriations for the State Fiscal Year ending June 30, 1990, which he had vetoed:
Last Paragraph of Section 53 (page 65):
"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 each MH MR SA insti tution for fiscal year 1990 that was authorized in fiscal year 1987."
Section 70 (page 72):
"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 available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Net work either directly or indirectly."
Section 74 (page 75):
"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 communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
February 16, 1990
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 1990 Regular Session as of 2:30 p.m. on February 16, 1990. The list is numbered 1050 through 1065.
Most sincerely,
/s/ Max Cleland Secretary of State
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 attached list contains the names and addresses of persons numbered 1050 through 1065, who have registered in the Docket of Legislative Appearance as of February 16, 1990, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

MONDAY, FEBRUARY 19, 1990

1281

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 16th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

/s/ Max Cleland Secretary of State

1050. Michael R. MacKenzie 974 Klondike Court Suite 102 Conyers, Georgia 30207 (404) 483-6168 The MacKenzie Agency
1051. David M. Petrowski 2000 North East Exp. Norcross, Georgia 30278 (404) 447-3889 C.W.A. Local Union 3263
1052. Freda J. Anderson 4140 Creek Stone Court Stone Mountain, Georgia 30083 (404) 292-3163 Right to Bite Coalition
1053. Jean McDowell Post Office Box 789 Ringgold, Georgia 30736 (404) 965-3000 Catoosa County Area Chamber of Commerce Citizen
1054. Mary Keith Post Office Box 52 Ringgold, Georgia 30736 (404) 937-4250 Catoosa County Area Chamber of Commerce
1055. James H. Price Post Office Box 2009 Fort Oglethorpe, Georgia 30742 (404) 861-5088 Catoosa County Chamber of Commerce
1056. David W. Milam Post Office Box 10 Ringgold, Georgia 30736 (404) 935-2241 Salem Carpet Mills, Inc. Catoosa County Chamber of Commerce Carpet and Rug Institute Walker Tech Institute

1057. Michael Paul O'Neill Post Office Box 10 Ringgold, Georgia 30736 (404) 935-2241 Carpet and Rug Institute (CRI) Salem Carpet Mills, Inc. Catoosa County Chamber of Commerce
1058. Kathryn L. Bowden Post Office Box 2563 Birmingham, Alabama 35243 (205) 325-3771 Sonat, Inc.
1059. W. Randall Tye One Ravinia Drive - Suite 1600 Atlanta, Georgia 30346 (404) 658-8112 Healthmaster, Inc.
1060. Robert P. Williams, II 1400 Candler Building 127 Peachtree Street Atlanta, Georgia 30303 (404) 658-8276 Healthmaster, Inc.
1061. Shari Wallander 1360 South CNN Center Atlanta, Georgia 30303 (404) 688-9341 Ginn, Edington, Moore & Wade, Inc.
1062. Gerald N. Brunson 4940 Windhaven Court Atlanta, Georgia 30338 (404) 396-6193 Merck Sharp & Dohme
1063. H. Wayne Phears 4725 Peachtree Corners Circle Ste. 375 Norcross, Georgia 30092 (404) 446-2116 Three Rivers Home Health VNA Tift Co. VNA Decatur Co. Archbold Home Health Davidson Mineral Properties

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1064. Laura Jean Meadows Post Office Box 7068 Macon, Georgia 31210 (912) 474-8411 Georgia Farm Bureau Federation

1065. Gary E. Jackson 1801 Peachtree Street, N.E. Ste. 330 Atlanta, Georgia 30309 (404) 355-1741 Fulton County Development Authority

The following resolutions of the Senate were read and adopted:

SR 445. By Senators Deal of the 49th, Starr of the 44th, Allgood of the 22nd and others: A resolution commending H. Wayne Howell.

SR 450. By Senator Edge of the 28th: A resolution commending Dorothy Berry Dunn.

SR 451. By Senators Tysinger of the 41st, Kidd of the 25th, Coleman of the 1st and Bur ton of the 5th:
A resolution commending the graduate students at the Georgia Institute of Technology.

SR 453. By Senators Tysinger of the 41st, Howard of the 42nd, Burton of the 5th and others:
A resolution commending Honorable Eleanor Richardson.

SR 458. By Senator Shumake of the 39th: A resolution commending Sandra Bookman.

SR 460. By Senator Ragan of the 10th: A resolution recognizing and commending Cairo High School.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR
Monday, February 19, 1990
TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1771 Dean, 31st Paulding County
To repeal the "Paulding County Water Authority Act", to abolish the Paulding County Water Authority.

HB 1772 Dean, 31st Paulding County City of Dallas
Expands the corporate limits of the City of Dallas.

MONDAY, FEBRUARY 19, 1990

1283

HB 1773 Gillis, 20th Johnson County City of Wrightsville
Changes the corporate limits of the City of Wrightsville.

HB 1788 Harris, 27th Lamar County
Changes the method of selection of the chief magistrate for the Magistrate Court of Lamar County.

HB 1795 Dean, 31st Polk County
Changes certain provisions relating to the compensation of the tax commis sioner of Polk County.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bran,non aw!klns
SI Echols Edge Egan English Engram Fincher

Foster Fuller Gillis Hammill Harris 2oward
Son Kennedy Kidd Land McKenzie Newbill Olmstead

Parker Peevy Perry Pollard R of loth Ragan of 32nd
S<ogttof36th Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Allgood Bowen Broun Burton Clay

Coleman Collins Garner Langford Phillips

Ray Scott of 2nd Shumake Taylor Walker

On the passage of all the local bills, the yeas were 41, nays 0.

All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed.

Senator Kennedy of the 4th moved that Senator Ray of the 19th be excused from the Senate today due to illness.

On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Ray of the 19th was excused from the Senate today due to illness.

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Senator Harris of the 27th introduced His Honor, Lee Robinson, Mayor of the City of Macon, who briefly addressed the Senate.
Senator Tate of the 38th introduced Luvenia W. Jackson, President of the Georgia As sociation of Educators, who, having been commended by SR 383 adopted previously, briefly addressed the Senate.
SENATE RULES CALENDAR
Monday, February 19, 1990
TWENTY-NINTH LEGISLATIVE DAY
SB 706 Atlanta Mayor--execute certain contracts (U&CA G--35th) SB 477 Child Custody Proceedings--types of custody (Substitute) (Judy--26th) SB 634 Disciplining of Magistrates--Supreme Court approval (Judy--49th) SB 641 University, Railroad, Public Agency, Etc. Police--search warrant authority (Sub
stitute) (S Judy--30th) SB 671 Teaching Certificates--conditions for Board of Education to grant to certain per
sons (Substitute) (Ed--9th) SB 715 Cobb Judicial Circuit Superior Court--eight judges (Judy--37th) SB 717 Georgia Music Hall of Fame Authority Act--create (Rules--26th) SB 718 Georgia Music Hall of Fame Authority Overview Committee--create
(Rules--26th) SR 402 Commission on Criminal Sanctions and Correctional Facilities--create
(Corr--48th)
SR 436 Law Related Education Week in Georgia--first week of May (Rules--30th) SR 332 Regional Development Centers Established by Community Affairs--funding
formula (Amendment) (U&CA G--14th) HB 1349 Estates--"Uniform Statutory Rule Against Perpetuities" (Judy--28th) HB 1160 Programs Financed by Development Authority--exclude certain convicted drug
persons (I&L--52nd) HB 1274 Contempt Powers--inapplicability to certain employees (Judy--5th) HB 1212 Teacher Certification--modify certain qualifications (Substitute) (Ed--56th) HR 583 Peach County--annexation of certain property into City of Byron (Pub U--14th) HB 357 Executor--certain powers by citation, order (Amendment) (S Judy--48th) HB 273 Teachers Retirement--pregnancy absence credit (Ret--llth) HB 1539 Ad Valorem Tax--redefine fair market value regarding standing timber
(B&F--8th) HB 887 Private Carrier--include vehicles transporting forest products (Substitute) (Pub
U--2nd)
HB 452 Employee Benefit Plan Council-rule-making authority (Gov Op--44th) HB 1601 City Business Improvement Districts--business license fees, tax surcharges
(U&CA G--10th)
HB 67 Child Custody--validity of person for school pick up (Amendment) (S Judy--48th)
HB 1151 Public Service Commission Inspecting Motor Carriers--may arrest one violating drug laws (Pub U--41st)
HB 1231 Colleges, Universities--provisions for drug-free environment (H Ed--40th) HB 1459 Securities Act of 1973--designation, regulation of dealers (B&F--47th)

MONDAY, FEBRUARY 19, 1990

1285

HB 1540 Ad Valorem Tax--annual report by counties on certain property millage rate (B&F--8th)
HR 580 Fulton County--conveyance for certain state property (Pub U--39th)
HB 1445 License to Carry Weapon--change certain fees (S Judy--12th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 706. By Senator Langford of the 35th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authority of any municipal corporation in this state hav ing a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to authorize the mayor to execute cer tain contracts on behalf of such municipal corporation with public or private entities.

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 Coleman Deal Dean Echols English Engram Fincher Foster

Fuller Gillis
Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford Olmstead

Parker Perry
Ragan of 10th Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner

Those voting in the negative were Senators:

Brannon Bruorutonn Collins Dawkins

Edge Land
Newbill Peevy

Phillips Ragan of 32nd
Starr Tysinger

Those not voting were Senators:

Albert Allgood
Bowen Clay

Egan Garner McKenzie

Pollard Ray (excused) Walker

On the passage of the bill, the yeas were 33, nays 13.

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The bill, having received the requisite constitutional majority, was passed.
SB 477. By Senators Olmstead of the 26th, Kidd of the 25th, Walker of the 43rd and others:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, joint legal custody, and divided or alternate custody arrangements; to provide for definitions; to provide for inde pendent psychological or medical evaluations.
The Senate Committee on Judiciary offered the following substitute to SB 477:
A BILL
To be entitled an Act to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, and joint legal custody; to provide for definitions; to provide for independent psychological or medical evaluations; to provide that the court shall determine what is in the best interests of the child based on the factors involved; to provide for mediation; to provide for the practices, procedures, and requirements connected there with; to provide for nonadmissibility of certain statements, admissions, records, or represen tations into evidence; to limit the civil liability of mediators; to provide what information shall be included in custody agreements; to provide for notification by a party of his or her change of residence; to provide for penalties; to add a new Article 4 to provide that the Council of District Administrative Judges shall establish custody and visitation mediation programs to help resolve disputes concerning custody or visitation of minor children; to provide that the mediation programs shall provide the services of skilled mediators; to pro vide for a fee; to provide for the qualifications of such mediators; to establish the mediation programs throughout the judicial circuits of the state; to provide that mediation programs in one or more judicial circuits may be operated in conjunction with that of another judicial circuit or circuits; to provide for the powers, duties, and responsibilities of the Council of District Administrative Judges with regard to the programs; to provide for the establish ment of an advisory committee; 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 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by striking Code Section 19-9-3, relating to the dis cretion of the court in custody disputes, in its entirety and inserting in lieu thereof a new Code Section 19-9-3 to read as follows:
"19-9-3. (a) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or chil dren in the father or mother. The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the im provement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their welfare and happiness and to make its award accordingly.
(b) It is the express policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after such parents have separated or dissolved their marriage. In keeping with this state policy, joint custody, as defined by Code Section 19-9-7, may be considered as an alter native form of custody by the court. Joint custody, however, is not appropriate in cases in which spouse abuse, child abuse, or parental kidnapping is likely to occur. This provision

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allows a court to grant joint legal custody, joint physical custody, or both, where appropriate.
(c) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he desires to live. The child's selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. Nothing in this Code section shall be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases.
(d) In any case in which a judgment awarding the custody of a minor has been entered, on the motion of any party or on the motion of the court, that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor, provided that the review and modification or alteration shall not be had more often than once in each twoyear period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor.
(e) In the event of any conflict between this Code section and any provision of Article 3 of this chapter, Article 3 shall apply."
Section 2. Said chapter is further amended by striking Code Section 19-9-5, relating to custody agreements and their ratification and supplementation, in its entirety and inserting in lieu thereof the following:
"19-9-5. (a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a minor child to present to the court an agreement respecting any and all issues concerning custody of the minor child. As used in this Code section, the term 'custody' shall not include payment of child support.
(b) The court shall ratify the agreement and make such agreement a part of the court's final judgment in the proceedings unless the court makes specific factual findings which the court may base on an independent psychological or medical evaluation that the agreement would not be in the best interests of the child or children.
Section 3. Said chapter is further amended by adding immediately following Code Sec tion 19-9-5 new Code Sections 19-9-6, 19-9-7, 19-9-8, 19-9-9, 19-9-10, and 19-9-11 to read as follows:
"19-9-6. The court shall have discretion to consider all custodial arrangements as de fined in Code Section 19-9-7, or any other arrangement allowing custody and visitation rights as the court deems appropriate, in making its custody award. In all cases, the court shall consider the best interest of the child in making its custody award.
19-9-7. As used in this article, the term:
(1) 'Joint custody' means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the court may order joint legal custody without ordering joint physical custody.
(2) 'Joint legal custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, and reli gious training; provided, however, that the court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
(3) 'Joint physical custody' means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents.
(4) 'Mediation' means a process in which a neutral third party, a mediator, assists two or more parties to a controversy in attempting to reach a mutually acceptable resolution of

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the controversy, and includes all contacts between the mediator and any party or parties, until such time as a resolution is agreed to by the parties or the mediation process is termi nated. By definition, the mediation process is nonadversarial and the mediator as a facilitator of an agreement mutually acceptable to the parties has no power to impose his or her own judgment on the matters in dispute.
(5) 'Sole legal custodian' means a person, including, but not limited to, a parent, who has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the rights and respon sibilities for major decisions concerning the child, including the child's education, health care, and religious training, and the noncustodial parent shall have the right to visitation. A person who has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights.
19-9-8. (a) The court, upon the request of either or both parents, may award joint cus tody if joint custody is determined to be in the best interest of the child.
(b) In determining whether joint custody is in the best interest of the child, the court shall consider the factors enumerated in Code Section 19-9-9 and the following factors:
(1) The agreement or lack of agreement of the parents on joint custody;
(2) The past and present abilities of the parents to cooperate and to make decisions jointly;
(3) The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;
(4) Any history of or potential for child abuse, spouse abuse, or parental kidnapping;
(5) The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody; and
(6) The recommendation of the representative of the child, if the child has a representative.
19-9-9. (a) In order to implement joint custody, the court shall require the parents to submit a plan on issues on which such parents are able to reach agreement, unless both parents agree to waive submission of a plan and the court approves the waiver. If so war ranted, at the discretion of the court, one or both parties shall have an independent psycho logical or medical evaluation. Such independent psychological or medical evaluation shall be included in the custody award. The final plan or agreement submitted to the court shall include provisions covering matters relevant to the care and custody of the child, including:
(1) The child's care and education;
(2) The child's medical and dental care;
(3) Holidays and vacations;
(4) Child support;
(5) The present and future location, to the extent possible, of employment of both parties;
(6) The educational needs of the child;
(7) The age and sex of the child;
(8) The religious training of the child;
(9) The physical and mental health of the child and parents; and
(10) Any other factors the court deems necessary that affect the physical or emotional health and well-being of the child.
The court may supplement the agreement on issues not covered by such agreement.

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(b) When considering an award of joint custody, the court may utilize the advice of professionals and the services of investigative agencies.
(c) In all contested custody and visitation matters where there is available a mediation program or mediator approved by the Council of District Administrative Judges, a court, upon its own motion or request of one or both parties, has the discretionary power to refer such matters to mediation as an additional resource to assist the parties in attempting to resolve the issues in dispute and to reach a mutually acceptable agreement in the best inter est of the child. If such agreement results from the mediation, it must be submitted to the court for approval and incorporation in the court's judgment and order regarding custody and visitation.
(d) Any matter in which physical or sexual abuse of the child is alleged may be deemed inappropriate for referral to mediation.
(e) Mediators providing services under this Code section are immune from process and any statements, admissions, records, or representations not otherwise discoverable made by the parties or mediator involved in the mediation activities, except for the written agree ment which may result from the mediation, are deemed part of the settlement process and are inadmissible in subsequent court proceedings.
(f) The civil liability of mediators operating under this Code section shall be limited to willful and wanton misconduct.
19-9-10. Except as otherwise provided in this Code section, if the custodial parent or joint custodial parent moves his or her residence from Georgia to another state, he or she must notify the noncustodial or joint custodial parent at least 60 days prior to changing such residence by filing a notification of change of residence with any court in this state having jurisdiction over any question concerning the custody of the minor child or children and delivering a copy of same, by certified mail, to the noncustodial or joint custodial par ent. If the custodial parent or joint custodial parent receives less than 60 days' prior notice that he or she must move his or her residence, such parent shall promptly give reasonable notice to the court. Failure of the custodial or joint custodial parent to notify the court of a change of residence within 60 days, or within such reasonable period as shall be determined by the court, prior to leaving the state shall result in a fine of $1,000.00 to be assessed against the custodial or joint custodial parent in violation of this Code section.
19-9-11. Unless otherwise provided by court order or law, all records and information pertaining to the child, including medical, dental, school, and law enforcement records, shall be equally available to both parents in all types of custody arrangements."
Section 4. Said chapter is further amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
19-9-80. (a) The Council of District Administrative Judges shall cause to be established a custody and visitation mediation service to provide state-wide and uniform mediation pro grams for local judicial circuits in cases involving unresolved issues about the custody or visitation of minor children. The purpose of the custody and visitation mediation programs shall be to provide the services of skilled mediators to resolve disputes involving custody and visitation rights.
(b) The Council of District Administrative Judges shall establish a state-wide custody and visitation mediation service comprised of local circuit mediation programs to be estab lished in all judicial circuits of the state opting to participate in mediation of custody and visitation matters. Each local circuit mediation program shall consist of a skilled qualified mediator or mediators to provide mediation services and such clerical staff as the Council of District Administrative Judges in consultation with the chief judge of the local judicial cir cuit deem necessary. Such personnel, to be employed by the chief judge of the circuit, may serve as full-time or part-time state employees or, in the alternative, such mediation services may be provided on a contractual basis when determined appropriate by the Council of

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District Administrative Judges. All or part of a mediation program in one judicial circuit may be authorized by the Council of District Administrative Judges to be operated in con junction with that of another circuit or circuits. The Council of District Administrative Judges or the district court administrators are authorized to approve contractual agree ments for such mediation services as executed by order of the chief judge of the circuit. The Council of District Administrative Judges shall promulgate rules and regulations necessary and appropriate for the administration of the programs with the advice of the custody and visitation mediation advisory committee appointed by the Chief Justice of the Supreme Court of Georgia and upon the approval of the Supreme Court of Georgia.
(c) The clerks of superior courts in each judicial circuit participating in mediation ser vices shall charge an additional fee of not less than $5.00 in each divorce, alimony, child support, annulment, and separate maintenance case and in any modification of decree filing in any such case to cover the costs of mediation provided for by this article.
19-9-81. (a) The Council of District Administrative Judges shall, in cooperation with the chief judge of each circuit and other circuit personnel, implement and administer the local judicial circuit programs specified by this article.
(b) The Chief Justice of the Supreme Court of Georgia shall appoint a custody and visitation mediation advisory committee consisting of at least five members to advise the custody and visitation mediation programs in the local judicial circuits in regard to training and qualifications of mediators and fees to be assessed by each participating local district to cover the costs of such mediation services. The members of the advisory committee shall receive the same per diem and reimbursement for travel expenses as members of the Coun cil of District Administrative Judges.
(c) The custody and visitation mediation advisory committee shall be appointed by Au gust 1, 1990, and shall submit, within 90 days of their appointment, standards and rules proposed for approval by the Supreme Court to the Council of Administrative District Judges for its review and approval."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Olmstead of the 26th offered the following amendment:
Amend the substitute to SB 477 offered by the Senate Committee on Judiciary by ad ding "custody" after "psychological" on line 5 of page 1.
By striking line 12 of page 3 and inserting in lieu thereof the following:
"proper person to have the custody of the child. The court may order an independent medical evaluation or a psychological custody evaluation to determine the fitness of a parent selected by the child as the custodial parent. Nothing".
By striking line 16 of page 4 and inserting in lieu thereof the following:
"psychological custody evaluation or medical evaluation that the agreement".
By striking lines 2 through 7 of page 7 and inserting in lieu thereof the following:
"of a plan and the court approves the waiver. The final plan or agreement submitted to the".
By inserting after the word and symbol "agreement." on line 25 of page 7 the following:
"The court may order, and shall include in its final award if so ordered, an independent medical evaluation or a psychological custody evaluation of the entire family."
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.

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The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon
roun UCouo,llrletiomnnsan Dawkins j)eal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Gillis
Hammill T"HTaorwriasrd, Huggms Johnson Kennedy Kidd Land Newbill Olmstead

Parker Peevy Perry Phillips Ragan of 10th
Ragan of 32nd SS~,hcoutmt aok,fe36th Starr Stumbaugh Tate Taylor Tirnmons Turner Tysinger

Those not voting were Senators:

Allgood Bowen Clay Garner

Langford McKenzie Pollard

Ray (excused) Scott of 2nd Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources.

The House substitute to SB 533 was as follows:

A BILL
To be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Depart ment of Natural Resources; to provide for permits; to provide for procedures and require-

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ments with respect to permits; to provide for examination and certification of certain opera tors; to provide for procedures and limitations with respect to siting near certain county boundaries, certain National Historic Sites, or certain significant ground-water recharge ar eas; to provide for restrictions regarding the permitting of certain landfills; to provide for public meetings with respect to site selection; to provide for notice; to provide for standards for certain facilities receiving special solid waste; to provide for transportation, fees, inspec tion, and prohibitions with respect to special solid waste; to provide for a solid waste trust fund; to require adequate financial responsibility with respect to certain facilities; to pro hibit certain acts with respect to solid waste handling; to regulate the disposal of certain lead acid vehicle batteries; to provide for investigation and enforcement authority of the director; to provide for certain confidentiality; to provide for certain orders; to provide for administrative hearings and procedures; to provide for injunctive relief; to provide for legal assistance for the director; to provide for civil and criminal penalties; to provide for applica bility; to provide for a State Solid Waste Management Plan; to provide for contents and required provisions; to provide for powers and duties of the Department of Community Af fairs, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Environmental Facilities Authority with respect to such plan; to provide for the development and implementation of local solid waste management plans; to provide for powers and duties of the Department of Community Affairs with respect to such plans; to provide for certain permit restrictions with respect to such plans; to provide for reports and record keeping; to provide for permits for certain regional facilities; to provide for proce dures and negotiation with respect to such permits; to provide for a Recycling Market De velopment Council; to provide for membership, powers, duties, and authority; to provide for the labeling of certain rigid plastic containers or bottles; to provide for powers and duties of the commissioner of administrative services; to provide for a state solid waste collection program; to authorize the director to receive and administer certain financial aid; to provide for certain state grants; to provide for retention and use of certain funds; to provide for certain cost reimbursement fees and certain surcharges; to provide for a reduction in the generation of solid waste; to require certain accounting; to provide for certain exceptions with respect to applicability; to provide for the regulation of tire disposal; to authorize the imposition of certain restrictions regarding yard trash; to provide for regional solid waste management authorities; to provide for a short title; to provide for findings, determinations, and policies; to prohibit certain competition; to provide for certain tax exemptions; to pro vide for definitions; to provide for the creation of such authorities; to provide for control and management; to provide for directors; to provide for powers, duties, and authority of such authorities; to provide for limitations on liability; to provide for bonds and other obli gations of such authorities; to provide for procedures with respect to such bonds and other obligations; to provide that such bonds or obligations shall not constitute certain state or local indebtedness; to provide for statutory construction; to provide for all related matters; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to pro vide for additional powers, duties, and authority of the department with respect to solid waste management education; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking Article 2, relating to solid waste handling and disposal, and inserting in its place a new Article 2 providing for solid waste handling and disposal and creating certain authorities to read as follows:
"ARTICLE 2
Part 1
12-8-20. This part shall be known and may be cited as the 'Georgia Comprehensive Solid Waste Management Act.'
12-8-21. (a) It is declared to be the policy of the State of Georgia, in furtherance of its

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responsibility to protect the public health, safety, and well-being of its citizens and to pro tect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for solid waste management which will assure that solid waste facilities, whether publicly or privately operated, do not adversely affect the health, safety, and wellbeing of the public and do not degrade the quality of the environment by reason of their location, design, method of operation, or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste.
(b) It is further declared to be the policy of the State of Georgia to educate and en courage generators and handlers of solid waste to reduce and minimize to the greatest ex tent possible the amount of solid waste which requires collection, treatment, or disposal through source reduction, reuse, composting, recycling, and other methods and to promote markets for and engage in the purchase of goods made from recovered materials and goods which are recyclable.
(c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at disposal facilities during fiscal year 1992 by 25 percent by July 1, 1996; provided, however, that coun ties and municipalities that establish an annual measurement of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992.
(d) It is further the intent of the General Assembly that the director of the Environ mental Protection Division of the Department of Natural Resources shall be the official charged with primary responsibility for the solid waste management program. The director, in exercising any authority granted in this part, shall conform to and implement the policies outlined in this part and shall at all times coordinate his activities with those of other state agencies and local political jurisdictions so as to achieve a unified and effective solid waste management program in the state.
(e) It is further intended by the General Assembly that the director of the Environmen tal Protection Division of the Department of Natural Resources shall, in exercising any au thority granted in this part, recognize that the states which share common borders with Georgia also share the vital natural resources of clean air, clean surface waters, and clean ground waters which flow across those common borders and that, therefore, those bordering states have a mutual interest with Georgia to manage solid waste in a manner that does not threaten to contaminate the shared natural resources. The director shall also recognize, however, that such mutual interest may not exist between Georgia and states which do not share common borders and natural resources with it. Therefore, the director is instructed to be particularly mindful of the need to monitor, inspect, and regulate closely that solid waste generated from sources located in states not sharing common borders and natural resources with Georgia.
12-8-22. As used in this article, the term:
(1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infections agents and associated biologicals, contaminated animal carcasses, (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board, and other such waste materials.
(2) 'Board' means the Board of Natural Resources of the State of Georgia.
(3) '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.
(4) 'Closure' means a procedure approved by the division which provides for the cessa tion of waste receipt at a solid waste disposal site and for the securing of the site in prepara tion for postclosure.

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(5) 'Composting' means the controlled biological decomposition of organic matter into a stable, odor-free humus.
(6) 'Contaminant' means any physical, chemical, biological, or radiological substance or matter.
(7) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources.
(8) 'Disposal facility" means any facility or location where the final deposition of solid waste occurs and includes but is not limited to landfilling and solid waste thermal treatment technology facilities.
(9) 'Division' means the Environmental Protection Division of the Department of Natu ral Resources.
(10) 'Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste handling facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certifi cates of deposit, financial tests, and corporate guarantees as defined in 40 C.F.R. Part 264 Subpart H--Financial Requirements.
(11) 'Generator' means any person in Georgia or in any other state who creates solid waste.
(12) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated pursuant to the federal act by the administrator of the United States Environmental Protection Agency which are in force and effect on February 1, 1990, codified as Appendix VIII to 40 C.F.R. Part 261--Identification and Listing of Hazardous Waste.
(13) 'Label' means a code label described in paragraphs (3) and (4) of subsection (b) of Code Section 12-8-34.
(14) 'Landfill' means an area of land on which or an excavation in which solid waste is placed for permanent disposal and which is not a land application unit, surface impound ment, injection well, or compost pile.
(15) 'Leachate collection system' means a system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill.
(16) '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 transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(17) 'Materials recovery facility' means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
(18) 'Municipal solid waste' means any solid waste resulting from the operation of resi dential, commercial, governmental, or institutional establishments except such solid waste disposed of in a private industry solid waste disposal facility. The term includes yard trash but does not include solid waste from mining, agricultural, or silvicultural operations.
(19) 'Municipal solid waste disposal facility' means any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, and includes, but is not limited to, municipal solid waste landfills and solid waste thermal treatment technology facilities.
(20) 'Municipal solid waste landfill' means a disposal facility where any amount of mu nicipal solid waste, whether or not mixed with or including other waste allowed under Subti-

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tie D of the federal Resource Conservation and Recovery Act of 1976, as amended, is dis posed of by means of placing an approved cover thereon.
(21) 'Operator' means the person stationed on the site who is in responsible charge of and has direct supervision of daily field operations of a municipal solid waste disposal facil ity to ensure that the facility operates in compliance with the permit.
(22) 'Person' means the State of Georgia or any other state or any agency or institution thereof and any municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management ac tivities, 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, po litical subdivision, solid waste authority, 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.
(23) 'Postclosure' means a procedure approved by the division to provide for long-term financial assurance, monitoring, and maintenance of a solid waste disposal site to protect human health and the environment.
(24) 'Private industry solid waste disposal facility' means a disposal facility which is operated exclusively by and for a private solid waste generator for the purpose of accepting solid waste generated exclusively by said private solid waste generator.
(25) 'Recovered materials' means those materials which have known use, reuse, or re cycling potential; can be feasibly used, reused, or recycled; and have been diverted or re moved from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(26) 'Recovered materials processing facility' means a facility engaged solely in the stor age, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.
(27) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(28) 'Rigid plastic bottle' means any rigid plastic container with a neck that is smaller than the container body with a capacity of 16 ounces or more and less that five gallons.
(29) 'Rigid plastic container' means any formed or molded part comprised predomi nantly of plastic resin, having a relatively inflexible finite shape or form, and intended pri marily as a single-service container with a capacity of eight ounces or more and less than five gallons.
(30) 'Solid waste' means discarded putrescible and nonputrescible waste, except water carried body waste and recovered materials, and shall include garbage; rubbish, such as pa per, 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 waste, such as waste materials generated in industrial opera tions; residue from solid waste thermal treatment technology; food processing waste; demoli tion waste; abandoned automobiles; dredging waste; construction waste; and any other waste material in a solid, semisolid, or liquid state not otherwise defined in this part. Such term shall not include any material which is regulated pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' or Chapter 9 of this title 'The Georgia Air Quality Act of 1978.'
(31) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste or any combination of such activities.
(32) 'Solid waste handling facility' means any facility the primary purpose of which is

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the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste.
(33) 'Solid waste thermal treatment technology' means any solid waste handling facility the purpose of which is to reduce the amount of solid waste to be disposed of through a process of combustion, with or without the process of waste to energy.
(34) '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 under such article originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24.
(35) 'Tire' means a continuous solid or pneumatic rubber covering designed for encir cling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment.
(36) 'Waste to energy facility' means a solid waste handling facility that provides for the extraction and utilization of energy from municipal solid waste through a process of combustion.
(37) 'Yard trash" means vegetative matter resulting from landscaping maintenance and land-clearing operations other than mining, agricultural, and silvicultural operations.
12-8-23. In the performance of its duties the board shall have and may exercise the power to:
(1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for the control and management of solid waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area or may vary by waste characteristics, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. The rules and regulations may include, but shall not be limited to, the following:
(A) Rules and regulations governing and controlling solid waste handling, including measures to ensure the solid waste management practices are regulated, governed, and con trolled in the public interest;
(B) Rules and regulations prescribing the procedure to be followed in applying for per mits and requiring the submission of such plans, specifications, verifications, and other per tinent information deemed relevant in connection with the issuance of such permits;
(C) Rules and regulations concerning the establishment of permits by rule;
(D) Rules and regulations establishing the use of a manifest during the generation and handling of special solid waste;
(E) Rules and regulations governing and controlling the handling of special solid waste and biomedical waste;
(F) Rules and regulations establishing criteria and a system of priorities for the distri bution of any state funds as may be made available through a grant-in-aid program to assist financially local governmental agencies or authorities in the planning, implementing, main taining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans;
(G) Rules and regulations establishing procedures and requirements for the postclosure care of all solid waste disposal facilities, including but not limited to corrective action of releases, ground-water monitoring, and maintenance of final cover;
(H) 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 part and for the implementation of financial responsibility instruments; and
(I) Rules and regulations establishing qualifications for municipal solid waste disposal

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facility operators and certification of such operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board; and
(2) Take all necessary steps to ensure the effective enforcement of this part.
12-8-23.1. (a) The director shall have and may exercise the following powers and duties:
(1) To exercise general supervision over the administration and enforcement of this part and all rules and regulations, orders, or permits promulgated or issued under this part;
(2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to solid waste management practices as he deems advisable and necessary;
(3) (A) To issue all permits contemplated by this part, stipulating in each permit the conditions or limitations under which such permit is to be issued, and to deny, revoke, transfer, modify, suspend, 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 judgment, and all appeals have been exhausted, in the State of Georgia or any federal court of any felony involving moral turpitude within the 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 the five years preceding the application for a permit;
(v) Has knowingly, willfully, and consistently violated the prohibitions specified in Code Section 12-8-30.7; or
(vi) Has been adjudicated in contempt of any court order enforcing any federal environ mental laws or any environmental laws of the State of Georgia within the five years preced ing the application for a permit;
(4) To make investigations, analyses, and inspections to determine and ensure compli ance with this part, the rules and regulations promulgated under this part, and any permits or orders which the director may issue;
(5) To enter into such contracts as may be required or necessary to effectuate this part or the rules and regulations promulgated under this part;
(6) To prepare, develop, amend, modify, submit, and implement any comprehensive plan or program sufficient to comply with this part or any applicable federal act, or both, for the control, regulation, and monitoring of solid waste management practices in this state and to enforce such plan or program;
(7) To advise, consult, cooperate, and contract on solid waste management matters with other agencies of this state, political subdivisions of this state, and other designated organi zations, authorities, or entities and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities;
(8) To issue, amend, modify, or revoke orders as may be necessary to ensure and en force compliance with this part and all the rules and regulations promulgated under this part;

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(9) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this part, the rules and regulations promulgated under this part, or any orders or permits issued under this part;
(10) To accept, receive, administer, and disburse grants from public or private sources for the purpose of the proper administration of this part or for the purpose of carrying out any of the duties, powers, or responsibilities under this part;
(11) To grant variances in accordance with this part and the rules and regulations promulgated under this part, provided that such variances are not inconsistent with any applicable federal act and the rules and regulations promulgated under such federal act;
(12) To require any person who is engaged in solid waste handling subject to the permit by rule provisions of this part to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity, identify the solid waste handled, and give any other information which may be deemed relevant, under such conditions as the director may prescribe;
(13) To render technical assistance to state, regional, and local governments and others in the planning and operation of solid waste handling;
(14) To develop criteria and a system of priorities for the distribution of any state funds as may be available through a state grant-in-aid program to assist financially local govern ments and authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste manage ment plans prepared in accordance with the requirements of this part;
(15) To approve or disapprove projects for which loans or grants are made under any state or federal act to any municipality, county, authority, or agency of the state for the purpose of solid waste handling; provided, however, the financial review and approval or disapproval for a loan will be made by the Georgia Environmental Facilities Authority;
(16) To develop environmental standards for solid waste management planning to assist local governments, authorities, and corporations in the preparation of local and regional plans prepared in accordance with the requirements of this part;
(17) To advise and consult, cooperate, and contract with other agencies of this state, authorities, political subdivisions of this state, and other designated agencies, entities, per sons, and corporations and with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations and entities on matters con cerning educating the public on all aspects of proper solid waste management; and
(18) To exercise all incidental powers necessary to carry out the purposes of this part.
(b) The powers and duties described in subsection (a) of this Code section may be exer cised and performed by the director through such duly authorized agents and employees as he deems necessary and proper.
12-8-24. (a) No person shall engage in solid waste or special solid waste handling in Georgia or construct or operate a solid waste handling facility in Georgia, except those indi viduals exempted from this part under Code Section 12-8-30.10, without first obtaining a permit from the director authorizing such activity.
(b) This part shall apply to all permits for which requests for site suitability or unsuitability letters are submitted on or after the effective date of this Act; provided, however, that the division may continue to review all documents, reports and studies relevant to the processing of any subsequent application for a permit for a solid waste handling facility for which a request for a site suitability or unsuitability letter is made on or after the effective date of this part so long as such permit is not issued until all applicable requirements of this part are met.
(c) On or after the effective date of this part, any permit for the transportation of mu nicipal solid waste from a jurisdiction generating solid waste to a municipal solid waste disposal facility located in another county shall be conditioned upon the jurisdiction gener-

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ating solid waste developing and being actively involved in, by July 1, 1992, a strategy for meeting the state-wide goal of waste reduction by July 1, 1996.
(d) If the director determines that such activity will result in any violation of this part or any rule or regulation promulgated pursuant to this part, he shall deny the permit; other wise, 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 by the governing authority of the county or municipality in which the municipal solid waste or special solid waste handling shall occur 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 a newspaper of general circulation serving the county or counties in which the proposed activity will be conducted at least 30 days prior to such hearing.
(e) The director may amend, suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions or fails to perform solid waste handling in accordance with this part or rules promulgated under this part.
(f) In the event of the modification, suspension, amendment, or revocation of a permit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action.
(g) Prior to the issuance of any permit for a solid waste handling facility, the director shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local or regional solid waste management plan devel oped in accordance with standards promulgated pursuant to this part subject to the provi sions of Code Section 12-8-31.1 and that the host jurisdiction and the jurisdiction generating solid waste destined for the applicants' facility can demonstrate that they are actively in volved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996.
(h) No permit for a disposal facility shall be issued to any regional solid waste manage ment authority created under Part 2 of this article, the 'Regional Solid Waste Management Authorities Act,' until local and regional solid waste management plans consistent with this part have been developed for all jurisdictions participating in such authority and such plans are found to be consistent with the state solid waste management plan pursuant to subsec tion (d) of Code Section 12-8-31.1.
(i) No permit shall be issued for a new solid waste thermal treatment technology facility unless the applicant meets or exceeds standards adopted by the board which shall be consis tent with and at least as stringent as the Federal New Source Performance Standards for new municipal waste combustors outline in regulation pursuant to the federal Clean Air Act, 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. 7401, et seq., as amended.
(j) 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 facil ity. The division may require any generator in Georgia to cease offering solid waste for han dling if such solid waste is not acceptable under standards promulgated by the board, and the division may prohibit the handling of such solid waste until waste management proce dures acceptable to the division are developed. Such prohibition shall continue in effect until the waste management procedure for handling is approved in writing by the division. Any generator or handler in Georgia which does not comply with a prohibition made under this subsection shall be in violation of this part.
12-8-24.1. (a) After July 1, 1992, no person shall perform the duties of a municipal solid waste disposal facility operator without being duly certified under this Code section.
(b) After July 1, 1992, no municipal solid waste disposal facility shall be operated in Georgia unless the operator is certified under this Code section. All inspectors of municipal solid waste disposal facilities shall be certified to inspect the same.

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(c) The division is authorized to cooperate with the University System of Georgia or with any other appropriate organization approved by the director to develop a certification program which conforms with the requirements of this part. The division may classify all municipal solid waste disposal facilities required to have operators certified under this part with due regard to the size, type, character of the solid waste to be disposed of, and other physical conditions affecting such municipal solid waste disposal facilities 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.
(d) Any certificate granted under this Code section shall be renewable as provided by rules of the board.
(e) The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this Code section.
(f) Upon application, a certificate may be issued without examination in a comparable classification to any person who holds a valid current certificate in any state, territory, or possession of the United States or any other country, provided that the requirements for certification of operators under which the person's certificate was issued do not conflict with this part and are of a standard not lower than that specified by regulations adopted under this part and provided, further, that reciprocal privileges are granted to certified operators of this state.
(g) The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator when the director finds that the operator has practiced fraud or deception; that reasonable care or 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.
12-8-25. (a) (1) Except as otherwise provided in subsection (b) of this Code section to encourage cooperation between the various counties, from March 15, 1988, through April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of the site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that juris diction for the handling of its solid waste. This paragraph shall apply to all permit applica tions that are pending or made on or after March 15, 1988, and to all permits issued prior to May 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(2) Except as otherwise provided in subsection (b) of this Code section, until after April 1, 1990, no permit shall be issued to a private applicant for a solid waste disposal facility in any county of this state having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of the site is within two miles of an adjoining county without the applicant's first receiving express approval of the governing authority of the adjoining county. As used in this paragraph , the term 'pri vate applicant' means any private person, firm, corporation, or other private entity, and the term does not mean or include the United States government or any agency thereof, the State of Georgia or any agency, institution, or public authority thereof, or any county or municipality of this state. As used in this paragraph, the term 'solid waste disposal facility' shall not mean or include any solid waste disposal facility which incorporates waste to en ergy processing, recycling, activities associated with the recycling process, or any combina tion of the foregoing.
(3) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, after April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county of this state if any part of the site is within one-

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half mile of an adjoining county without the applicant's first receiving express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 1, 1990, and to all permits issued prior to April 1, 1990, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the consent of an adjoining county as provided in subsection (a) of this Code section shall not be required when the expansion of an existing solid waste disposal facility is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal facility is transferred.
(2) With respect to the expansion of a solid waste disposal facility for which a permit was initially granted after March 1, 1988, the consent of an adjoining county as provided in subsection (a) of this Code section shall be required if any part of the site as expanded will be within one-half mile of an adjoining county.
12-8-25.1. In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal facility within 5,708 yards of the geo graphic center of any of the three sites currently designated in Georgia as a National His toric Site; provided, however, that the director may permit a solid waste disposal facility at such a site if the applicant provides evidence that no alternative sites or methods are availa ble in that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a signifi cant ground-water recharge area unless such municipal solid waste landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director.
12-8-25.3. (a) Notwithstanding the provisions of Code Section 12-8-25.2, no permit shall be issued for a municipal solid waste landfill which accepts solid waste generated from outside the county in which such landfill is located or, in the case of a regional landfill, from outside any of the counties or special districts empowered to engage in solid waste manage ment activities constituting such region if any part of such site is within any area that has been designated by the director as a significant ground-water recharge area.
(b) In addition to the provisions of subsection (a) of this Code section, in the case of a regional municipal solid waste landfill where any part of such site is within any area that has been designated by the director as a significant ground-water recharge area, no permit shall be issued for such regional landfill unless the boundaries of the counties or special districts empowered to engage in solid waste management activities are contiguous and such counties or special districts have entered into a joint contract for the collection and disposal of solid waste.
12-8-26. (a) Any county, municipality, group of counties, or authority beginning a pro cess to select a site for a municipal solid waste disposal facility must first call at least one public meeting to discuss waste management needs of the local government or region and to describe the process of siting facilities to the public. Notice of this meeting shall be pub lished within a newspaper of general circulation serving such county or municipality at least once a week for two weeks immediately preceding the date of such meeting. A regional solid waste management authority created under Part 2 of this article must hold at least one meeting within each jurisdiction participating in such authority, and notice for these meet-

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ings must be published within a newspaper of general circulation serving each such jurisdic tion at least once a week for two weeks immediately preceding the date of such meeting.
(b) The governing authority of any county or municipality taking action resulting in a municipal solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation serving such county or municipality 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 and the meeting shall be conducted by the governing authority taking the action.
12-8-27. (a) Owners and operators of solid waste handling facilities which receive waste defined as 'special solid waste' in paragraph (32) of Code Section 12-8-22 shall, in addition to other applicable provisions of this part pertaining to management of solid waste, meet the following standards with respect to the facilities:
(1) (A) No special solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility, by bonding or other methods established by the board, has been demonstrated to the director to ensure the satisfactory maintenance, operation, closure, and postclosure care of the facility and any corrective action which may be required as a condition of a permit or order of the director.
(B) Postclosure care of a landfill facility by the owner or operator thereof must continue for a period of 30 years after the date of completing closure;
(2) The director may condition the issuance of all permits upon such terms and require ments as he, in his discretion, determines to be necessary to enable the division to carry out its responsibilities under this part, including consideration of such factors as the type of waste, sources of waste, degree of difficulty and expense in inspecting and verification at the point of generation, and the need for supervision of the storage, treatment, and disposal; and
(3) Owners and operators of solid waste handling facilities receiving special solid waste must develop and implement a waste analysis plan capable of identifying representative samples of all waste received by the facility in accordance with rules and regulations adopted by the board.
(b) No special solid waste shall be transported across, within, or through Georgia unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all special solid waste from the first person handling the waste after generation through all other handling, storage, treatment, and disposal. Any person who transports or receives for disposal any special solid waste in Georgia which is not properly manifested in accordance with the rules and regulations of the board shall be in violation of this part and shall be subject to all penalties available under this part.
(c) All owners and operators of facilities treating, storing, or disposing of special solid waste generated outside of Georgia's boundaries shall pay into the solid waste trust fund established in accordance with Code Section 12-8-27.1 a fee of $10.00 per ton. Such fees shall be paid into the solid waste trust fund on a monthly basis in a manner to be prescribed by the director.
(d) The director and his designees are authorized and shall be allowed to inspect in any state the generators, collectors, processors, transporters, and disposers of special solid waste and take appropriate samples. Any generator, collector, processor, transporter, or disposer which handles special solid waste and which obstructs, limits, or prohibits the director or his designee from adequately inspecting such facilities, sources, or handlers or prohibits the proper sampling of such special solid waste as may be generated shall be immediately pro hibited from further using any facility in Georgia for the treatment, storage, or disposal of such waste. Such prohibition shall continue for a period of 20 years from the date of notifi cation by the director.

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(e) If any state or local law, ordinance, or regulation in any state prevents the director or his designees from carrying out the responsibilities as required by subsection (d) of this Code section, then special solid waste from generators in that state or local government shall be immediately prohibited from coming into Georgia. Such prohibition shall continue until such time as the state or local law, ordinance, or regulation is changed appropriately.
12-8-27.1. (a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-27, and Code Section 12-8-30.6 and all interest earned by such moneys deposited in such fund may be expended by the director, with the approval of the board, for the following purposes:
(1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility;
(2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where the owner or operator has not been identified or is unable or unwilling to perform corrective action, in cluding but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; and
(3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to the iden tity or solvency of the owner thereof, commencing five years after the date of completing closure.
(b) If the director determines that a special solid waste handling facility has been aban doned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated unwillingness or inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to carry out corrective action required as a condition of a permit to the satisfaction of the director, the director may implement the applicable financial responsibility mechanisms. The proceeds from any applicable financial responsibility mechanisms shall be deposited in the solid waste trust fund.
(c) The determination of whether there has been an abandonment, default, or other refusal or inability to perform and comply with closure, postclosure, or corrective action requirements shall be made by the director.
12-8-27.2. (a) No solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility has been demonstrated to the director to ensure the satisfactory maintenance, closure, and postclosure care of such facility or to carry out 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 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 shall require the demon stration of financial responsibility prior to issuing a permit for any solid waste handling facility.
(b) The provisions of this Code section shall not apply to any county, municipality, authority, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste handling facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate finan cial responsibility for such facilities.
12-8-28. (a) After January 1, 1991, no person may place a used lead acid vehicle battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid vehicle battery except by delivery to a battery retailer or wholesaler, to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries.

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(b) After January 1, 1991, no battery retailer shall dispose of a used lead acid vehicle battery except by delivery to the agent of a battery wholesaler or a secondary lead smelter, to a battery manufacturer for delivery to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries.
(c) After January 1, 1991, any person selling lead acid vehicle batteries at retail or offer ing lead acid vehicle batteries for retail sale in this state shall:
(1) Accept, at the point of transfer, lead acid vehicle batteries from customers for re cycling; and
(2) Post written notice, which must be at least 8-2 inches by 11 inches in size and must contain the universal recycling symbol and the following language:
'IT IS ILLEGAL TO PUT A MOTOR VEHICLE BATTERY IN THE GARBAGE.
RECYCLE YOUR USED BATTERIES.
STATE LAW REQUIRES US TO ACCEPT MOTOR VEHICLE BATTERIES FOR RECYCLING.'
(d) After January 1, 1991, any person selling lead acid vehicle batteries at wholesale or offering lead acid vehicle batteries for sale at wholesale must accept, at the point of transfer, lead acid vehicle batteries from customers.
12-8-29. The director shall have the authority to investigate any apparent violation of this part and to take any action authorized under this part as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this part.
12-8-29.1. The director of his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to solid waste handling in this state.
12-8-29.2. (a) Any information relating to secret processes, devices, or methods of man ufacture or production, or quantities and sources of recovered materials being privately processed, obtained by the director or his agents in the administration of this part shall be kept confidential.
(b) In the event the employment of the director or his agents with the department terminates for any reason, the confidentiality requirement outlined in subsection (a) of this Code section shall continue to apply to such persons. Any person who violates this subsec tion shall be guilty of a misdemeanor. Such criminal penalty shall be in addition to such civil remedies as may be available to any party.
12-8-30. Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or viola tors. The order shall specify the provisions of this part or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this part shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing no later than 30 days after such order is served on such person or persons.
12-8-30.1. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and re quiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall com ply therewith immediately, but shall be afforded a hearing within 48 hours.
12-8-30.2. All hearings on and review of contested matters and orders and all hearings

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on and review of any other enforcement actions or orders under this part shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2.
12-8-30.3. The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappealed final order of the director or of a final order of the director affirmed upon appeal or modified on any review or appeal from which no further review is taken or allowed, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court.
12-8-30.4. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this part, the director may apply to the superior court of the county where such person resides, or, if such person is a nonresident of the state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order restraining and enjoining such act or practice. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the neces sity of showing lack of an adequate remedy at law.
12-8-30.5. It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this part.
12-8-30.6. (a) Any person, provided that person is a public authority or a city or county government located within the boundaries of Georgia, violating any provision of this part or rules or regulations adopted pursuant to this part or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 for such violation and for an additional civil penalty not to exceed $500.00 for each day during which such violation continues. Any person other than a public authority or a city or county government located within the boundaries of Georgia violating any provision of this part or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $25,000.00 per iay for each day during which such violation continues.
(b) Whenever the director has reason to believe that any person has violated any provi sion of this part or any rule or regulation effective under this part 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 conducted before an administrative law judge appoint by the board. Upon finding that said person has violated any provision of this part or any rule or regula tion effective under this part or has failed or refused to comply with any final order or emergency order of the director, the administrative law judge shall issue his decision impos ing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2.
(c) In rendering a decision under this Code section imposing civil penalties, the admin istrative law judge 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 or delaying to comply;
(2) The character and degree of impact of the violation or failure to comply on the natural resources of the state, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in promptly taking all feasible

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steps or procedures necessary or appropriate to comply or to correct the violation or failure to comply;
(4) Any prior violations or failures to comply by such person with regard to statutes, rules, regulations, or orders 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 to comply;
(6) The character and degree of injury to or interference with reasonable use of prop erty which is caused or threatened to be caused by such violation or failure; and
(7) The character and degree of intent with which the conduct of the person incurring the civil penalty was carried out.
(d) All civil penalties recovered by the director as provided in this Code section shall be paid into the solid waste trust fund established pursuant to the provisions of Code Section 12-8-27.1.
12-8-30.7. It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with all applicable rules, regulations, and orders established under this part.
12-8-30.8. Any person who violates any provision of this part shall be guilty of a misde meanor. Each day of continued violation after conviction shall constitute a separate offense.
12-8-30.9. No provision of this part and no rule, regulation, or ruling of the board or the director shall be construed to be a limitation:
(1) On the power of a municipality, county, authority or special district to adopt and enforce additional regulations, not in conflict with this part, imposing further conditions, restrictions, or limitations with respect to the handling or disposal of municipal solid waste;
(2) On the power of a municipality, county, authority, or special district to declare, prohibit, and abate nuisances;
(3) On the power of the Attorney General, at the request of the director or upon his own volition, to bring an action in the name of the State of Georgia; or
(4) On the power of any state agency in the enforcement or administration of any provi sion of law it is specifically permitted or required to enforce or administer.
12-8-30.10. This part shall not apply to any individual disposing of solid waste originat ing from his own residence onto land or facilities owned by him when disposal of such waste does not thereby adversely affect the public health.
12-8-31. (a) By January 1, 1991, the division, jointly with the Department of Commu nity Affairs and in cooperation with the Georgia Environmental Facilities Authority and local government officials, shall develop a state solid waste management plan.
(b) The state solid waste management plan shall be submitted to the Governor's Devel opment Council and shall serve as the guide for the development of local plans and regional plans for solid waste management.
(c) The state solid waste management plan shall include but not be limited to:
(1) A general analysis of solid waste management practices currently in use, manage ment alternatives and technologies available, and their application;
(2) Procedures and strategies for meeting state goals and objectives waste reduction;
(3) Minimum standards and procedures to be met by local and regional solid waste management plans, including the assurance of adequate solid waste handling capability and capacity for the subsequent ten-year period which shall specifically include adequate collec tion capability;
(4) A procedure for informing the public annually of the locally incurred costs of solid waste management;

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(5) Procedures for ensuring cooperative efforts on solid waste management planning by the state, regional development centers, local governments, groups of local governments, and private companies, including a description of the means by which the state will encourage local governments to pursue regional approaches;
(6) A description of public and private alternatives for the provision of solid waste man agement services;
(7) A description of the respective roles of agencies in the implementation of a state wide public information education program on solid waste management which emphasizes grass roots participation of all age levels;
(8) Methods of assuring public participation in the planning and decision-making processes; and
(9) Methods for assuring implementation of the state solid waste management plan.
(d) In monitoring and reporting on the implementation success of the state solid waste management plan required under this Code section, the Department of Community Affairs, with the cooperation of the division and the Georgia Environmental Facilities Authority, beginning in January, 1992, shall report annually to the Governor and the General Assembly on the status of solid waste management in Georgia. The annual report shall include but not be limited to:
(1) The status of local and regional solid waste planning in Georgia;
(2) The number and types of solid waste handling facilities in Georgia;
(3) The remaining permitted capacity of each permitted solid waste handling facility;
(4) The number and types of solid waste grants made to local governments;
(5) The number and types of solid waste loans made to local governments;
(6) A compilation and analysis of solid waste management data provided by cities and counties in their annual reports;
(7) A statement of progress achieved in meeting the goal established in subsection (c) of Code Section 12-8-21;
(8) A statement of progress achieved in solid waste management education;
(9) Any revisions in the state solid waste management plan which are deemed neces sary; and
(10) Recommendations for improving the management of solid waste in this state.
12-8-31.1. (a) Each city and county in Georgia shall develop or be included in a compre hensive solid waste management plan. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a regional solid waste plan but in either case shall conform to the plan development procedures outlined in Chapter 70 of Title 36 and Articles 1 and 2 of Chapter 8 of Title 50 and to minimum standards and procedures developed by the Department of Community Affairs as outlined in this Code section.
(b) The local or regional solid waste plan shall provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan which shall specifically include an adequate collec tion capability; shall enumerate the solid waste handling facilities as to size and type; and shall identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors.
(c) The review process for local and regional solid waste management plans shall be as outlined in Articles 1 and 2 of Chapter 8 of Title 50 and in Chapter 70 of Title 36. The regional development center for each geographical location in which a local or regional plan applies shall confirm that the local or regional plan is consistent with the state solid waste management plan.

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(d) Effective January 1, 1992, each city and county shall report annually to the Depart ment of Community Affairs on the status of solid waste management in the jurisdiction. Such reports may be individual or collective in nature or, in lieu of local reports, a regional report may be filed by any of the several regional development centers for political jurisdic tions within their region. The annual report shall include but not be limited to:
(1) The amount of solid waste collected, processed, and disposed of in the area;
(2) The progress on the reduction in solid waste generation in the planning area since the previous reporting period and total cumulative progress made toward meeting the 25 percent reduction goal;
(3) The remaining permitted capacity of disposal facilities;
(4) Recycling and composting activities in existence;
(5) Public information and education activities during the reporting period; and
(6) Any other pertinent information as may be required.
(e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local or re gional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following:
(1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any;
(2) Verification that the facility for which a permit is sought meets the ten-year capac ity needs identified in the local or regional solid waste management plan, if any; and
(3) Demonstration that the host jurisdiction and the jurisdiction generating solid waste destined for the applicant's facility are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996.
(f) This Code section shall not apply to any solid waste disposal facility which is oper ated exclusively by a private solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not ad versely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facil ity prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure.
(g) Effective July 1, 1991, it shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods:
(1) The provision of stationary or portable scales at the disposal facility for weighing incoming waste;
(2) Implementation of contractual or other arrangements for the use of scales at a loca tion other than the disposal facility for weighing all waste destined for disposal at the facil ity; or
(3) Implementation of contractual or other arrangements for the use of scales at a loca tion other than the disposal facility to weigh representative samples of the solid waste re ceived at the disposal facility on a basis which is sufficiently frequent to estimate accurately the amount of solid waste received at the disposal facility.

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12-8-32. (a) Prior to submission of an application to the division for a permit for a regional solid waste disposal facility, conflicts as defined in Articles 1 and 2 of Chapter 8 of Title 50 shall follow the mediation procedures developed by the Department of Community Affairs pursuant to Articles 1 and 2 of Chapter 8 of Title 50. Upon the submission of any application to the division for any municipal solid waste disposal facility for which a permit other than a permit by rule is required by the division, the permit applicant shall within 15 days of the date of submission of the application publicize the submission by public notice and in writing as follows:
(1) If the application is for a facility serving no more than one county, the public notice shall be published in a newspaper of general circulation serving the host county, and each local government in the county and the regional development center shall further be noti fied in writing of the permit application;
(2) If the application is for a facility serving more than one county, the public notice shall be published in a newspaper of general circulation serving each affected county, and each local government within said counties and the regional development center shall be further notified in writing of the permit application; and
(3) The public notice shall be prominently displayed in the courthouse of each notified county.
(b) The division shall review the application and supporting data, make a determina tion as to the suitability or unsuitability of the proposed site for the intended purpose, and notify the applicant and the host local government if different from the applicant in writing of its determination.
(c) Upon receipt from the division of notice that the proposed site is suitable for the intended purpose, the applicant shall within 15 days of receipt of such notification publicize the fact by public notice as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section. Further, within 45 days of receipt of such notification from the division, the host local government for the proposed site shall as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section advertise and hold a public meeting to inform affected residents and landowners in the area of the proposed site and of the opportunity to engage in a facility issues negotiation process.
(d) Following notification of the applicant of the proposed site's suitability, the division may continue to review the applicant's permit application but the director shall not take any action with respect to permit issuance or denial until such time as the local notification and negotiation processes described in this Code section have been exhausted.
(e) The division shall not be a party to the negotiation process described in this Code section, nor shall technical environmental issues which are required by law and rules to be addressed in the permitting process be considered negotiable items by parties to the negoti ation process.
(f) Within 30 days following a public meeting held in accordance with subsection (c) of this Code section, a facility issues negotiation process shall be initiated by the host local government upon receipt of a written petition by at least 25 affected persons, at least 20 of whom shall be registered voters of or landowners in the host jurisdiction. Multiple petitions may be consolidated into a single negotiating process. For the purposes of this subsection, the term 'affected person' means a registered voter of the host local government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government.
(g) Within 15 days following receipt of such written petition, the host local government shall validate the petition to ensure that the petitioners meet the requirements of this Code section.
(h) Within 15 days following the validation of the written petition to negotiate, the host local government shall notify the petitioners by publication as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section; shall notify the permit applicant if differ-

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ent from the host local government, the division, and the regional development center that the negotiation process is being initiated; and shall set a date for a meeting with the citizens facilities issues committee, the host local government, and the permit applicant not later than 30 days following validation of such written petition to negotiate.
(i) The petitioning persons shall select up to ten members, at least eight of whom shall be registered voters or landowners in the host local government, to serve on a citizens facil ity issues committee to represent them in the negotiation process. The membership of the citizens facility issues committee shall be chosen within 15 days following the validation of such written petition pursuant to this Code section.
(j) The negotiation process shall be overseen by a facilitator named by the host local government, after consultation with the citizens facility issues committee, from a list pro vided by the Department of Community Affairs. The function of the facilitator shall be to assist the petitioners, the host local government, and the permit applicant, if different from the host local government, through the negotiation process. The cost, if any, of the facilitator shall be borne by the permit applicant.
(k) Beginning with the date of the first negotiation meeting called in accordance with subsection (h) of this Code section, there shall be no fewer than three negotiation meetings within the following 45 day period unless waived by consent of the parties. Such negotiation meetings shall be presided over by the facilitator named in subsection (j) of this Code sec tion and shall be for the purpose of assisting the petitioners, the host local government, and the permit applicant, if different from the host local government, to engage in nonbinding negotiation.
(1) Minutes of each meeting and a record of the negotiation process shall be kept by the host local government.
(m) All issues except those which apply to environmental permit conditions are negotia ble. Environmental permit conditions are not negotiable. Issues which may be negotiated include but are not limited to:
(1) Operational issues, such as hours of operation;
(2) Recycling efforts that may be implemented;
(3) Protection of property values;
(4) Traffic routing and road maintenance; and
(5) Establishment of local advisory committees.
(n) At the end of the 45 day period following the first negotiation meeting, the facilitator shall publish a notice of the results, if any, of the negotiation process in the same manner as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section and shall include the date, time, and place of a public meeting to be held within ten days after publication at which the input of persons not represented by the citizens facility issues com mittee may be received.
(o) The negotiated concessions reached by the negotiating parties shall be reduced to writing and executed by the chairman of the citizens facility issues committee and the chief elected official of the host local government and shall be adopted by resolution of the host local government.
(p) If the negotiating parties fail to reach consensus on any issue or issues, the permit applicant may nonetheless proceed to seek a permit from the division. The facilitator shall notify the division in writing that the negotiating parties have failed to reach consensus.
(q) If the negotiating parties reach consensus on negotiated issues, the permit applicant may proceed to seek a permit from the division. The facilitator shall notify the division in writing that the negotiating parties have reached consensus.
(r) Negotiated concessions shall not be construed as environmental permit conditions.

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(s) Upon receipt of a written notification from the facilitator that the parties to negotia tion have reached consensus to have failed to reach consensus on negotiated issues, and upon written notification from the permit applicant that he wishes to pursue permitting of the solid waste disposal facility for which an application has been filed, the director shall proceed to process the permit in accordance with Code Section 12-8-24.
12-8-33. (a) Effective July 1, 1990, there is created a 15 member Recycling Market De velopment Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling;
(2) One member who is an elected municipal official to be appointed by the Governor;
(3) One member who is an elected member of a county governing authority to be ap pointed by the Governor;
(4) One member appointed by the Speaker of the House of Representatives;
(5) One member appointed by the Lieutenant Governor; and
(6) One representative each from the Department of Administrative Services; the De partment of Industry, Trade, and Tourism; the Department of Community Affairs; and the Department of Natural Resources.
(b) The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly.
(c) The council shall function for a period of five years from its establishment, at which time it shall either he reauthorized or shall stand abolished.
12-8-34. (a) On and after January 1, 1991, it shall be unlawful to manufacture or use in Georgia or offer for sale in Georgia any rigid plastic container or rigid plastic bottle which is not labeled in accordance with subsection (b) of this Code section.
(b) On and after January 1, 1991, any rigid plastic container or rigid plastic bottle man ufactured for use in Georgia or offered for sale in Georgia shall be labeled with a code molded into the plastic product which indicates the resin used to produce the bottle or container. Such coding shall conform with the following:
(1) Rigid plastic containers or rigid plastic bottles with basecups or other components of the secondary material may, if the materials are compatible in recycling systems, carry the code of the basic material (even when the basic code is applied to the basecup of the secondary material); otherwise '7-other' is appropriate.
(2) The label code shall consist of a number placed inside a triangle and letters placed below the triangle as required by paragraph (3) of this subsection. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the mid point of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number;
(3) The numbers and letters used on labels described in subsections (a) and (b) of this Code section and their interpretations shall be as follows:
'1-PETE' (polyethylene terephthalate)
'2-HDPE' (high-density polyethylene)
'3-V (vinyl)
'4-LDPE' (low-density polyethylene)

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'5-PP' (polypropylene)
'6-PS' (polystyrene)
'7-OTHER' All other resins and layered multimaterial.
12-8-35. (a) The commissioner of administrative services shall:
(1) By July 1, 1990, commence a review of all goods and products purchased to deter mine what percentage of state purchases contain recycled materials, which review shall be completed by December 31, 1991, and upon completion of his review, file a report of his findings with the General Assembly and the Governor; and
(2) By July 1, 1990, commence a review of the purchasing specifications, practices, and procedures of the State of Georgia, paying particular attention to any procedures and speci fications which concern or impact the purchase of recovered materials or goods or products made from recovered or recyclable materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report to the Governor and the General Assembly with recommendations for procedures and specifications for state purchasing which promote the increased purchase of goods or products made from recovered materials and goods or products which are recyclable; provided, however, that the commissioner of administrative services shall not propose any procedure or specification which would be economically infeasible or which would cause the state to sacrifice quality or performance standards or would unduly restrict free and open competition among vendors.
(b) In conducting any review required under this Code section, the commissioner of administrative services shall consider those specifications adopted or recommended by the United States government pursuant to 40 C.F.R. Parts 248, 249, 250, 252, and 253.
12-8-36. (a) Each state agency which is located in a state owned building and General Assembly, in cooperation with the Georgia Building Authority, shall establish a collection program for recovered materials generated as a result of agency operations, including, at a minimum, aluminum, high-grade office paper, and corrugated paper. The collection program shall be coordinated by the Georgia Building Authority, which at a minimum shall establish procedures for collection and storage of recovered materials and contractual or other ar rangements for transportation and purchase of said recovered materials.
(b) The Georgia Building Authority is authorized to expand the state collection pro gram to cover any recovered materials not specifically referenced in this Code section and to engage in, contract for, or otherwise allow or arrange for programs which promote the com posting of yard waste from state office buildings.
(c) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for composting of yard waste on property owned or controlled by said agency.
12-8-37. The director shall be the state representative to receive and administer finan cial aid from the federal government or other public or nonprofit sources for purposes of solid waste management.
12-8-37.1. (a) The state is authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or to any public authority, agency, commission, or institution, to assist such governmental or public body in the construction of solid waste handling systems which are consistent with local and regional solid waste man agement plans prepared in accordance with the requirements of this part.
(b) The director shall administer all funds granted by the state pursuant to this Code section.
12-8-38. Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the division for use in the operation and mainte nance of that area. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required

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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 expending any such miscellaneous funds.
12-8-39. (a) Effective January 1, 1992, each city or county which operates a municipal solid waste disposal facility is authorized and required to impose a cost reimbursement fee upon each ton of municipal solid waste or the volume equivalent of a ton, as determined by rules of the division, for each ton of municipal solid waste received at a municipal solid waste disposal facility regardless of its source. The fee imposed may be equal to, or a por tion of, the true cost of providing solid waste management services on a per ton or volume equivalent as determined pursuant to the forms, rules, and procedures developed by the Department of Community Affairs as required by Code Section 12-8-39.2. Such fee shall be imposed equally upon all users of the municipal solid waste disposal facility.
(b) A minimum of $1.00 per ton or volume equivalent of the cost reimbursement fee specified in this Code section which is received by the city or county, if implemented after the effective date of this part, shall be paid into a local restricted account and shall be used for solid waste management purposes only.
(c) Effective January 1, 1992, when a municipal solid waste disposal facility is operated as a joint venture by more than one city or county or combination thereof, by a special solid waste district, or by an authority, the cost reimbursement fee specified in this Code section shall be imposed by the joint operators, district, or authority and the cost reimbursement fee received shall be administered as outlined in subsection (b) of this Code section and shall be remitted into a restricted account established by the participating local governments.
(d) Effective January 1, 1992, when a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility and may be used to offset the impact of the facility, public education efforts for solid waste management, the cost of solid waste management, and the administration of the local or regional solid waste management plan.
12-8-39.1. Effective July 1, 1992, each city or county as a part of its solid waste manage ment plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste generated within its jurisdiction consistent with the goal established in subsection (c) of Code Section 12-8-21.
12-8-39.2. Effective January 1, 1992, each city and county shall be required to report to the Department of Community Affairs the total annual cost of providing solid waste man agement services and to disclose this information to the public. The Department of Commu nity Affairs shall develop the forms, rules, and procedures necessary for cities and counties to meet the requirements of this Code section.
12-8-40. This article shall not apply to any individual, corporation, partnership, or co operative disposing of livestock-feeding facility waste from facilities with a maximum total capacity of 1,000 cattle or 5,000 swine, provided that if such individual, corporation, part nership, or cooperative shall provide an approved waste disposal system which is capable of properly disposing of the runoff from a 'ten-year storm,' such individual shall be further exempt regardless of total per head capacity. Nothing in this article shall limit the right of any person to use poultry or other animal manure for fertilizer.
12-8-40.1. Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on tires originating in or which may ulti mately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A ban on the disposal of tires at solid waste disposal facilities within its control; and

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(2) A requirement that tires be recycled, shredded, chopped, or otherwise processed in an environmentally sound manner prior to disposal at solid waste disposal facilities owned or operated by the city, county, or authority.
12-8-40.2. Effective July 1,1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on yard tires which is generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A requirement that yard trash not be placed in or mixed with municipal solid waste;
(2) A ban on the disposal of yard trash at municipal solid waste disposal facilities within its jurisdiction; or
(3) A requirement that yard trash be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling.
Part 2
12-8-50. This part shall be known and may be cited as the 'Regional Solid Waste Man agement Authorities Act.'
12-8-51. (a) This part is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this part is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power con ferred upon it by this part. For such reasons, the state covenants from time to time with the holders of the bonds issued under this part that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property; or upon any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, install ments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
(b) It is the express policy of the State of Georgia that any authority created by this part shall be authorized with respect to any solid waste which the generator thereof, county, or municipal corporation makes available to such authority to enter into agreements in fur therance of a project granting, directing, or providing for an exclusive right or rights in any authority with respect to such solid waste, including, but not limited to, the exclusive right to collect, acquire, receive, transport, store, treat, process, utilize, sell, or dispose of dis carded solid waste; provided, however, no authority created by this part and no county or municipal corporation or other governmental body shall have the right to enter into agree ments or to enact ordinances or resolution providing for any rights with respect to recovered materials or substances, materials, or resources contained in solid waste as may be separated for recycling, use, or reuse at any time prior to pickup by or delivery to any authority, county, municipal corporation, or persons under contract with such authority, county, or municipal corporation.
(c) Notwithstanding any other provision of this part, no authority shall compete un fairly with the private sector by purchasing or offering to purchase recovered materials at prices higher than the highest prevailing market prices in the county in which the purchase is made for recovered materials of like grade and quality.
12-8-52. As used in this part, the term:
(1) 'Authority' means each public corporation created pursuant to this part.

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(2) 'Collection* means the aggregating of solid waste from its primary source and in cludes all activities up to such time as the waste is delivered to the place at which it is to be processed.
(3) 'Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equip ment, including motor vehicles which are used for project functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the project in operation; costs of engineering, architectual, and legal services; cost of plans and specifications and all ex penses necessary or incident to determining the feasibility or practiability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this part. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the project and may be paid or reimbursed as such out of the proceeds of user fees, of revenues bonds or notes issued under this part for such project, or from other revenues obtained by the authority.
(4) 'County' means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations.
(5) 'Governing body' means the elected or duly appointed officials constituting the gov erning body of each municipal corporation and county in the state.
(6) 'Municipal corporation' means any city or town in this state.
(7) 'Project' means:
(A) The collection, transportation, and management of solid waste and shall also mean any property, real or personal, used as or in connection with a facility for the composting, extraction, collection, storage, treatment, processing, utilization, or final disposal of re sources contained in solid waste, including the conversion of solid waste or resources con tained into compost, oil, charcoal, gas, or any other product or energy source and the collec tion, storage, treatment, utilization, processing, or final disposal of solid waste in connection with the foregoing; and
(B) Any property, real or personal, used as or in connection with a facility for the com posting, extraction, collection, storage, treatment, processing, or utilization of water re sources and the conversion of such resources into any compost or useful form of energy.
12-8-53. (a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'solid waste management au thority' of such county or municipal corporation. No authority shall transact any business or exercise any powers under this part until the governing body of the county by proper resolu tion of its board of commissioners, or, if a municipal corporation, by proper ordinance or resolution of its council, declares that there is a need for an authority to function in the county or municipal corporation.
(b) Any two or more counties or municipal corporations or a combination thereof may jointly form an authority, to be known as the 'regional solid waste management authority' for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this part until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an author ity to function and until the governing authorities authorize the chief elected official of the

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unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed.
12-8-54. Control and management of the authority shall be vested in a board of at least five directors who shall be residents of the county or municipal corporation which is a mem ber of the authority. At least three of such directors shall be elected officials of the county or municipal corporation which is a member of the authority. The directors shall serve at the pleasure of the governing authority of the county or municipal corporation. Directors shall be appointed, and may be reappointed, for a term of four years. In the case of a regional solid waste management authority, each unit of local government participating in the au thority shall appoint two members, with an additional member to be appointed by the di rectors themselves. The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the perform ance of their duties. The directors may make bylaws and regulations for the governing of the authority and the operation of projects and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
12-8-55. A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors.
12-8-56. (a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions;
(2) To adopt and amend a corporate seal;
(3) To acquire, construct, improve, or modify, to place into operation, and to operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others, a project or projects within the county in which the authority is acti vated and, subject to execution of agreements with the appropriate political subdivisions affected, within other counties and to pay all or part of the cost of any such project or projects from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or from any other contribution or user fees, all of which the authority is authorized to receive, accept, and use;
(4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper, by condemnation in accordance with any and all laws appli cable to the condemnation of property for public use, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property neces sary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a project; the improving, extending, adding to, reconstructing, renovating, or remodeling of any project or part thereof already constructed or acquired; or the demolition to make room for such project or any part thereof and to insure the same against any and all risks as such insurance may, from time to time, be available. The authority may also use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes, provided that the powers to acquire, use, and dispose of property as set forth in this paragraph shall in clude the power to acquire, use, and dispose of any interest in such property, whether di vided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private. Title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public.

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(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 acquired or constructed; provided that all private persons, firms, and corporations, this state, and all political subdivisions, depart ments, instrumentalities, or agencies of the state or of local government are authorized to enter into contracts, leases, or agreements with the authority, upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, author ity is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such municipal corpora tions and counties and by such municipal corporations and counties to the authority for a term not exceeding 50 years;
(6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties. In any such exercise of such powers, rights, and privileges jointly in common with others with respect to the construction, operation, and maintenance of project facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this part and may enter into an agreement or agreements with respect to any such project facility with the other party or parties participating therein; and such agreement may contain such terms, conditions, and provisions, consistent with this part, as the parties thereto shall deem to be in their best interests, including, but not limited to, provision for the construction, operation, and maintenance of such project facility by any one or more party of the parties to such agreement, which party or parties shall be designated in or pursuant to such agree ment as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and including provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and dispo sal with respect to such facility. In carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construc tion, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority;
(7) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States, this state, a unit of local government, or any agency, department, authority, or in strumentality of any of the foregoing, upon such terms and conditions as the United States, this state, a unit of local government, or such agency, department, authority, or instrumen tality shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets;
(8) To do any and all things necessary or proper for the accomplishment of the objec tives of this part and to exercise any power usually possessed by private corporations per forming similar functions which is not in conflict with the Constitution and laws of this state, including the power to employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort lia bility and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to person or property; and the power to at as self-insurer with respect to any loss or liability; provided, however, that obli-

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gallons of the authority other than revenue bonds, for which provision is made in this part, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds;
(9) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and otherwise to carry out the purposes of this part and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 12-8-58; and
(10) To fix rentals and other charges which any user shall pay to the authority for the use of the project or part or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. Such rentals and other charges shall be so fixed and adjusted with re spect to the aggregate thereof from the project or any part thereof so as to provide a fund with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the ex penses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project.
12-8-57. Except for gross negligence or willful or wanton misconduct, neither the mem bers of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his responsibilities, shall be subject to any liability resulting from:
(1) The design, construction, ownership, maintenance, operation, or management of a project; or
(2) The carrying out of any of the discretionary powers or duties expressly provided for in this part.
12-8-58. (a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust inden tures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may convenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Code section, undertakings of any authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an au thority and bond anticipation notes executed by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable.
(b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indi rectly as permitted in this part, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving such project, or for the purpose of refunding any bond anticipation notes issued in accordance with this part or refunding any previously issued bonds of the authority.

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(c) All bonds and bond anticipation notes issued by an authority shall be revenue obli gations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particu lar revenues, receipts, funds, or moneys.
(d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connec tion with the same project or with any other projects, but the proceeding wherein any subse quent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue.
(e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this part, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is author ized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
(f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any limita tions with respect to interest rates found in Article 3 of Chapter 82 of Title 36 or in the usury laws of this state shall not apply to obligations issued under this part.
(g) All revenue bonds issued by an authority under this part will be issued and vali dated under and in accordance with Article 3 of Chapter 82 of Title 36, except as provided in subsection (f) of this Code section and except as specifically set forth below:
(1) Revenue bonds issued by an authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability an transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide;
(2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evi dence of the fact of judgment and shall be received as original evidence in any court in this state; and
(3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a minimum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a

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discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices.
(h) The term 'cost of project' shall have the meaning prescribed in paragraph (3) of Code Section 12-8-52 whenever referred to in bond resolutions of an authority, bonds and bond anticipation notes issued by an authority, or notices and proceedings to validate such bonds.
12-8-59. No bonds or other obligations of and no indebtedness incurred by any author ity shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. However, provisions of this Code section shall not preclude counties, municipal corporations, or other political subdivi sions from choosing to guarantee the bonds, indebtedness, or other obligations of a regional solid waste authority as part of its demonstration of adequate financial responsibility pursu ant to this part. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance pro ceeds, and condemnation awards; and no holder or holders of any such bonds or obligation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.
12-8-59.1. (a) This part shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' or any other law.
(b) A municipal corporation, a county, or any number of counties and municipal corpo rations shall have the right to activate any authority under this part, notwithstanding the existence of any other authority having similar powers or purposes within the county, mu nicipal corporation, or created pursuant to any general law or amendment to the Constitu tion of this state. However, nothing in this part shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence."
Section 2. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, is amended by adding immediately following Code Section 50-8-7.2 a new Code section describing fur ther powers, duties, and authority of the Department of Community Affairs, to be desig nated Code Section 50-8-7.3, to read as follows:
"50-8-7.3. (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 establish a solid waste management education program in the state. Such program shall include, but not be limited to, the following:
(1) (A) The establishment of a Georgia Clean and Beautiful Advisory Committee that shall assist the department in developing, coordinating, and implementing efforts to educate the citizens of the state on methods of solid waste management.
(B) The advisory committee shall consist of no more than 30 members, who shall be appointed by the Governor and be representative of state and local government; business and industry; community, environmental, and civic organizations; the news media; educa tors; and other areas as the Governor may deem appropriate.
(C) Members of the advisory committee are authorized to receive reimbursement for actual expenses incurred in the performance of their duties from such funds as may be appropriated for such purposes and within such limits as may be established by the depart ment; and
(2) (A) The establishment of an Interagency Council on Solid Waste Management that

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shall be chaired by the commissioner and shall consist of representatives from departments and agencies within state government that have responsibilities or activities relating to solid waste.
(B) The council shall serve as a forum for gathering and sharing information on solid waste management as well as for developing and initiating activities within state govern ment relating to solid waste management and shall provide advice and assistance to the Georgia Clean and Beautiful Advisory Committee and its educational programs."
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 McKenzie of the 14th moved that the Senate agree to the House substitute to SB 533.

On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barnes Brannon
Broun urton
^ ,f.man C DoalwlmkSins Dea] Dean Echols Edge Egan English

Engram Fincher Foster Fuller
Gillis Hammill
Harris THIowardJ Huggins Johnson Kennedy Kidd Land Langford

McKenzie Newbill Peevy perry
Phillips Pollard
Ragan of 10th Rr,agan off 3on2ndJ Scott of 36th Starr Stumbaugh Tate Turner Tysinger

Those not voting were Senators:

Allgood BBoawrkeenr
Garner

Olmstead Parker Ray (excused) Scott of 2nd

Shumake Taylor Timmons Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 533.

The following bill of the House was taken up for the purpose of considering the House action thereon:

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.

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Senator Howard of the 42nd moved that the Senate insist upon the Senate substitute to HB 702.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 702.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 634. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, so as to provide for Supreme Court of Georgia approval of the disciplining of magistrates.

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 roun CCooul,lrletiomnnsan
Dawkins Deal Dean Echols Edge Egan

English Engram Fincher Foster
Garner Gillis H,,H*am1TMmill
Howard Johnson Kennedy Kidd Land Langford

Newbill Peevy Perry Phillips
Ragan of 10th Ragan of 32nd SS,,,hcoutmt aok,fe36th
Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Allgood BClraaynnon puller Huggins

McKenzie Olmstead Parker Pollard

Ray (excused) Scott of 2nd Taylor Walker

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 641. By Senators Garner of the 30th and Broun of the 46th:
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 clarify the authority of peace officers employed by universities, colleges, schools, railroads, public agen cies, and public authorities, as well as officers of the state and political subdivi sions, to apply for search warrants.

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The Senate Committee on Special Judiciary offered the following substitute to SB 641:
A BILL
To be entitled an Act 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 clarify the authority of peace officers employed by universities, colleges, schools, as well as officers of the state and politi cal subdivisions, to apply for search warrants; to make manifest the intention of the General Assembly that peace officers who have met the standards established by the Georgia Peace Officer Standards and Training Council and who are authorized by law to exercise law en forcement powers with regard to certain property shall be authorized to apply for and ob tain search warrants; to change the provisions relating to the grounds for the issuance of search warrants; to provide for the issuance of search warrants upon the written complaint of peace officers employed by universities, colleges, and schools; 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 17 of the Official Code of Georgia Annotated, relating to searches with warrants, is amended by striking in its entirety Code Section 17-520, relating to requirements for issuance of search warrant generally, and inserting in lieu thereof a new Code Section 17-5-20 to read as follows:
"17-5-20. (a) A search warrant may be issued only upon the application of an officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws or a currently certified peace officer engaged in the course of official duty, whether said officer is employed by a law enforcement unit of:
(1) The state or a political subdivision of the state; or
(2) A university, college, or school.
(b) A search warrant shall not be issued upon the application of a private citizen or for his aid in the enforcement of personal, civil, or property rights."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 17-5-21, relating to grounds for the issuance of a search warrant, and inserting in lieu thereof a new subsection (a) to read as follows:
"17-5-21. (a) Upon the written complaint of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise as authorized in Code Section 17-5-20 under oath or affirmation, which states facts sufficient to show probable cause that a crime is being committed or has been committed and which particularly describes the place or person, or both, to be searched and things to be seized, any judicial officer authorized to hold a court of inquiry to examine into an arrest of an offender against the penal laws, referred to in this Code section as 'judicial officer,' may issue a search warrant for the seizure of the following:
(1) Any instruments, articles, or things, including the private papers of any person, which are designed, intended for use, or which have been used in the commission of the offense in connection with which the warrant is issued;
(2) Any person who has been kidnapped in violation of the laws of this state, who has been kidnapped in another jurisdiction and is now concealed within this state, or any human fetus or human corpse;
(3) Stolen or embezzled property;
(4) Any item, substance, object, thing, or matter, the possession of which is unlawful; or
(5) Any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible evidence of the commission of the crime for which probable cause is shown."
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 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford

Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Allgood Brannon Clay Engram

.

McKenzie

Parker

Pollard

Ray (excused)

Shumake Taylor 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.

SB 671. By Senator Phillips of the 9th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certifying and classifying of professionals employed in public schools, so as to change the conditions under which the State Board of Education may grant teaching certificates to certain persons.

The Senate Committee on Education offered the following substitute to SB 671:

A BILL
To be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certifying and classifying of professionals employed in public schools, so as to change the conditions under which the State Board of Education may grant teaching certificates to certain persons; 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 certifying and classifying of professionals employed in public schools, is amended by

MONDAY, FEBRUARY 19, 1990

1325

striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The State Board of Education shall have the authority to grant a renewable certifi cate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classifica tion established pursuant to subsection (a) of this Code section;
(2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification;
(3) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and
(4) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification."
Section 2. Said Code section is further amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The State Board of Education shall have the authority to grant a renewable certifi cate at the five-year level in a teaching field to an applicant who did not complete an under graduate teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a master's degree in education in a teaching field from a regionally accredited college or university in a subject area field corresponding to an appropriate sub ject area certification classification established pursuant to subsection (a) of this Code section;
(2) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and
(3) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Broun Burton Coleman Collins Dawkins Deal

Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill

Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Peevy

1326

JOURNAL OF THE SENATE

Perry
PPhojlUlairPdf Ragan of 10th Ragan of 32nd

Scott of 2nd Scott of 36th
Starr Stumbaugh

Tate Timmons
Turner Tysinger

Those not voting were Senators:

Allgood Brannon
Clay Engram

McKenzie Parker Ray (excused)

Shumake Taylor Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 715. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and Barnes of the 33rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such additional judge; to provide for the compensa tion, salary, and expense allowance of said judge to be paid by the State of Geor gia and the county comprising said circuit.
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 Coleman Collins Dawkins Deal Dean Edge Egan English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger

Those not voting were Senators:

Allgood Brannon
Clay Echols

Engram McKenzie
Parker Ray (excused)

Shumake Taylor Walker

On the passage of the bill, the yeas were 45, nays 0.

MONDAY, FEBRUARY 19, 1990

1327

The bill, having received the requisite constitutional majority, was passed.

SB 717. By Senators Olmstead of the 26th, Harris of the 27th, Dean of the 31st and Barker of the 18th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority; to provide for a short title; to provide for definitions; to pro vide for the creation, composition, membership confirmation, terms of office, va cancies, officers, and expenses of the authority; to provide for perpetual existence.

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 Coleman Collins Dawkins Deal Dean Egan English Fincher

Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Olmstead

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Brannon Clay Echols Edge

Engram McKenzie Newbill Parker

Ray (excused) 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.

Senator Dean of the 31st moved that SB 717 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 717 was immedi ately transmitted to the House.

SB 718. By Senators Olmstead of the 26th, Harris of the 27th, Dean of the 31st and Barker of the 18th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority Overview Committee as a joint committee of the General As sembly; to provide for the membership, terms, officers, vacancies, powers, and

1328

JOURNAL OF THE SENATE

duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee.

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 Coleman Collins Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford Olmstead

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger

Those not voting were Senators:

Allgood Clay Dawkins Hammill

McKenzie Newbill Parker

Ray (excused) Scott of 2nd Walker

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Dean of the 31st moved that SB 718 be immediately transmitted to the House.

On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 718 was immedi ately transmitted to the House.

SR 402. By Senators Peevy of the 48th and Deal of the 49th:
A resolution creating the Commission on Criminal Sanctions and Correctional Facilities; to provide an effective date.

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

MONDAY, FEBRUARY 19, 1990

1329

Burton Coleman Collins Dawkins eal Dean EEdchgoe ls
Egan English Engram Fincher Foster Fuller

Gillis Hammill Harris Howard HuggiM Kennedy LKaidndd
McKenzie Newbill Olmstead Peevy Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Scott Of 2nd Scott of 36th o tarr *S.tumb, augh,
Tate Tavlor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Brannon Clay

Garner Johnson Langford

Parker Ray (excused) Shumake

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 436. By Senators Garner of the 30th, Howard of the 42nd, Johnson of the 47th and others:
A resolution proclaiming the first week of May as Law Related Education Week in 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 Baldwin Barker Barnes Bwen
rannon

English Engram Fincher Foster Fuller garner

Olmstead Peevy Perry Phillips R of loth R of 32nd

CCoollleimnsan
Dawkins Deal Dean Echols Edge Egan

HHuogwgairnds
Kennedy Kidd Land Langford McKenzie Newbill

Voting in the negative was Senator Taylor.

Shumak, e
Starr Tate Timmons Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Allgood Clay Hammill

Johnson Parker Pollard

Ray (excused) Stumbaugh

On the adoption of the resolution, the yeas were 47, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair.

The following general resolution of the Senate, having been read the third time on Jan uary 31 and postponed until February 15, and postponed on February 15 until February 19, was put upon its adoption:

SR 332. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying the supplemental funding formula for regional develop ment centers established by the Department of Community Affairs; to provide for an effective date.

Senator McKenzie of the 14th offered the following amendment to SR 332:

By adding on page 1, line 11, and on page 2, line 4 where the blank line occurs, the following:
"February 14, 1990".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Broun Clay

Engram Kennedy (presiding) Parker

Pollard Ray (excused) Shumake

MONDAY, FEBRUARY 19, 1990

1331

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 general bills and resolution of the House, favorably reported by the com mittees were read the third time and put upon their passage:

HB 1349. By Representative Groover of the 99th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetu ities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created.
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 Baldwin Barker Barnes Bowen Brannon
Burton Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Fincher Foster Fuller
Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill

Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th
Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Clay Engram Garner

Kennedy (presiding) McKenzie Parker Pollard

Ray (excused) Scott of 2nd Shumake
Taylor

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1160. By Representative Watson of the 114th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons con-

1332

JOURNAL OF THE SENATE

victed of certain illegal drug activity from participation in programs financed or administered by the authority.
Senate Sponsor: Senator Fuller of the 52nd.

Senators Peevy of the 48th and Deal of the 49th offered the following amendment:

Amend HB 1160 by striking Section "(c)" on page 2, lines 3 and 4, and renumbering and relettering the remainder of that Section; and,
by striking the words "or other dangerous drug" on lines 21 and 22 of page 2.

On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Brannon
Broun Burt0" ollms Dawkms Deal Dean Echols Edge Egan
English Engram

Fincher Foster Fuller Garner
Gillis Hammill Hams Howard Huggins Johnson Kidd Land Langford
McKenzie Newbill

Olmstead Peevy Perry Phillips
Ragan of 10th R of 32nd Scott Qf
Stumbaugh Tate Timmons Turner Tysinger Walker

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Allgood Baldwin Bowen Clay

Coleman Kennedy (presiding) Parker Pollard

Ray (excused) Scott of 2nd Taylor

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1274. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, so as to repeal the provi sions relating to the inapplicability of "this Act" to certain employees; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to dis crimination against an employee for attending a judicial proceeding in response

MONDAY, FEBRUARY 19, 1990

1333

to a court order or process, so as to provide for the inapplicability of such Code section to certain employees.
Senate Sponsor: Senator Burton of the 5th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Brannon Broun Burton Collins Dawkins Deal Dean Bchols Bgan English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen
Clay Coleman

Edge Kennedy (presiding)
Langford Parker

Ray (excused) Scott of 2nd Taylor

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1212. By Representatives Thompson of the 20th, Walker of the 115th and Lee of the 72nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in pub lic schools and regulation by the State Board of Education, so as to modify cer tain qualifications of certificated personnel needed in order to qualify for an ex emption from the completion of an assessment to demonstrate satisfactory onthe-job performance.
Senate Sponsor: Senator Newbill of the 56th.

The Senate Committee on Education offered the following substitute to HB 1212:

A BILL
To be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in pub lic schools and regulation by the state board, so as to provide requirements for the method of assessing on-the-job performance; to modify certain qualifications of certificated person nel needed in order to qualify for an exemption from the completion of an assessment to

1334

JOURNAL OF THE SENATE

demonstrate satisfactory on-the-job performance; to provide for matters relative to the fore going; 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 certification requirements of professional personnel employed in public schools and regula tion by the state board, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) Before granting a renewable certificate to an applicant, the State Board of Edu cation shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the state board is authorized 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 performance appropriate to the applicant's field of certification. The on-the-job performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the state board as qualified to administer the assess ment; on-the-job performance shall be evaluated on criteria set by the state board which will ensure demonstration of effective teaching practices.
(3) An applicant shall be exempted from the written planning portion of the on-the-job assessment requirement pursuant to paragraph (2) of this subsection if:
(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Georgia Department of Education, or in public schools of this state or another state, or a combination thereof; or
(B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed ap propriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Georgia Department of Education, or in public schools of this state or another state, or a combination thereof.
(4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption shall in no way affect other certification requirements of this article or the annual performance eval uation required pursuant to Code Section 20-2-210.
(5) Before granting an initial renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.

MONDAY, FEBRUARY 19, 1990

1335

(6) On any test or assessment required as a condition for receiving any renewable certif icate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who ini tially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
(7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. 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 Baldwin Barker Barnes Brannon Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan

Engrain Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Bowen Clay English

Fuller Kennedy (presiding) Parker Ray (excused)

Scott of 2nd Shumake Starr Taylor

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 583. By Representatives Ray of the 98th and Walker of the 115th:
A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron.
Senate Sponsor: Senator McKenzie of the 14th.

1336

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon
Collins Dawkins Deal Dean Echols Edge Egan

English Engram Fincher Foster Fuller Garner Samml11
SowTrd
Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Pollard R of 1Qth Ragan of 32nd
^cott of 36th
tarr , btumbaugh Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Clay Gillis

Kennedy (presiding) Parker Ray (excused)

Scott of 2nd Shumake Tate

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Deal of the 49th moved that the following bill of the Senate, having been read the third time and placed on the Table on February 8, be taken from the Table:

SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th, Barker of the 18th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 669 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 357. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide that an executor may be given certain powers by application, citation, and order under certain condi tions; to provide that the heirs at law, under certain conditions, may authorize

MONDAY, FEBRUARY 19, 1990

1337

the judge of the probate court to waive bond of an administrator and grant cer tain powers. Senate Sponsor: Senator Peevy of the 48th.
The Senate Committee on Special Judiciary offered the following amendment:
Amend HB 357 by striking on line 24 of page 1 the following: "1989",
and inserting in lieu thereof the following: "1990".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Barker Barnes Bowen Brannon Broun
Coleman
Dawkins
Dean Echols Edge Egan

Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill

Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Clay English Gillis

Kennedy (presiding) Parker Ray (excused)

Shumake Tate Taylor

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 273. By Representatives Thomas of the 69th, Cummings of the 17th and Simpson of the 70th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so

1338

JOURNAL OF THE SENATE

as to change the provisions relating to the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal.
Senate Sponsor: Senator Timmons of the llth.

The following Memorandum, as required by law, was read by the Secretary:

Department of Audits 270 Washington Street
Room 214 Atlanta, Georgia 30334-8400

MEMORANDUM

TO: FROM:

The Honorable Bill Cummings, Chairman House Retirement Committee
G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--House Bill 273 (LC 7 7424S) Teachers' Retirement System

This bill would amend the provisions relating to granting creditable service under the Teachers' Retirement System for periods when members were absent because of pregnancy prior to March 5, 1976. To establish creditable service, the member would be required to submit to the board satisfactory evidence of the absence and pay both the employee and employer contributions based upon the member's salary immediately prior to the absence plus interest for the period of creditable service up to the date of payment. Current law requires payment determined by the board as sufficient to cover the full actuarial cost of the service granted. If enacted, this bill would become effective on July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Sys tems Standards Law.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. While the exact cost cannot be determined since the num ber of members that would be affected cannot be predicted the figures shown below assume all females members with creditable service before March 5, 1976 purchased l-Vi months of additional service under this provision.

(1) The amount of unfunded actuarial accrued liability which will result

from the bill.

$ 13,636,000

(2) The amount of annual normal cost which will result from the bill. $ 0

(3) The employer contribution rate currently in effect.

13.48%

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

13.51%

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 1,155,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

M G. W. Hogan State Auditor

MONDAY, FEBRUARY 19, 1990

1339

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
JBrCC?ooruo,llrle"tiomnnns_a_n Dawkins Deal Dean Echols Edge Egan

English Engram Fincher Foster
Fuller Garner
HG,,ialmlismi.l.l. Harris Howard Huggins Johnson Kidd Langford Olmstead

Peevy Perry Phillips Pollard
Ragan of 32nd Scott of 2nd
SS~ tcaortrt of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker

Those not voting were Senators:

Allgood Clay Kennedy (presiding) Land

McKenzie Newbill Parker

Ragan of 10th Ray (excused) Shumake

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1539. By Representatives Royal of the 144th, Coleman of the 118th, Crosby of the 150th and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of "fair market value" with respect to the valuation of standing timber for ad valorem tax purposes.
Senate Sponsor: Senator Turner of the 8th.

Senator Egan of the 40th offered the following substitute to HB 1539:

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 ad valorem taxation in general, so as to provide that, in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated,

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relating to ad valorem taxation in general, is amended by adding at its end a new Code Section 48-5-32 to read as follows:
"48-5-32. In the returning, appraisal, and assessment of tangible property, standing tim ber shall be included for all purposes as a part of the real property upon which it is located, and such standing timber shall not constitute a separate stratum of property. Nothing in this Code section, however, shall be construed to prohibit or affect the separate ad valorem taxation as an interest in real property of an interest in standing timber where such interest has been severed from the ownership of the underlying real property."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 14, nays 31, 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:

Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kidd Land McKenzie Newbill Olmstead 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

Voting in the negative was Senator Egan.

Those not voting were Senators:

Allgood Johnson

Kennedy (presiding) Langford

Ray (excused) Shumake

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 19, 1990

1341

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 1801. By Representatives Couch of the 36th, Irwin of the 13th, Thompson of the 20th, Buck of the 95th, Cheeks of the 89th and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require public transit operators to estab lish drug-testing programs for employees and applicants for positions performing sensitive safety functions.
The following bill of the House was read the first time and referred to committee:
HB 1801. By Representatives Couch of the 36th, Irwin of the 13th, Thompson of the 20th and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require public transit operators to estab lish drug-testing programs for employees and applicants for positions performing sensitive safety functions.
Referred to Committee on Judiciary.
Serving as doctor of the day today was Dr. Ronald P. Roper of Marietta, Georgia.
Senator Walker of the 43rd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.
At 1:45 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, February 20, 1990 Thirtieth Legislative Day

The Senate met pursuant to adjournment at 9:30 o'clock A.M. 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.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1839. By Representative Lord of the 107th: A bill to provide a new charter for the City of Sandersville, Georgia.
HB 1873. By Representative Hudson of the 117th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the compensation of the commissioners.
HB 1876. By Representative McDonald of the 12th: A bill to create the Commerce Civic Center and Tourism Authority.
HB 1878. By Representative Smith of the 78th: A bill to amend an Act providing for the election of the members of the Butts County Board of Education, so as to provide for per diem and expenses of mem bers of such board.
HB 1879. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to amend an Act creating a new charter for the City of Hampton, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court.
HB 1880. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to provide for a municipal court and the judge or judges thereof.
HB 1881. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to the jurisdiction and powers of the munici pal court; to change certain provisions relating to judges, procedures, appeals, rules, and penalties.

TUESDAY, FEBRUARY 20, 1990

1343

HB 1644. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, so as to provide for a one-time fee for licenses or permits.
HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system edu cator has committed certain designated crimes under Georgia law.
HB 1408. 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 1514. By Representatives Martin of the 26th and Orrock of the 30th:
A bill to repeal an Act approved April 17, 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit.
HB 1505. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.
HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th:
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 allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to ex pand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.
HB 1848. By Representative Chambless of the 133rd:
A bill to amend Article 1 of Chapter 3 of Title 18 of the Official Code of Georgia Annotated, relating to attachment proceedings generally, so as to allow the oath of an affiant relating to an application for a writ of attachment to be taken before either a judge or a clerk or deputy clerk of the court or before a notary public.
HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.
HB 1397. By Representatives Baker of the 51st, Oliver of the 53rd, Robinson of the 96th, Simpson of the 70th and Pettit of the 19th:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide for an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located; to

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provide that an evasive or incomplete answer shall be treated as a failure to answer.
HB 1150. By Representative Watson of the 114th:
A bill to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to preclude persons convicted of certain illegal drug activity from contracting with the state, state agencies, or authorities; to preclude grants to persons convicted of certain illegal drug activity; to provide definitions; to designate certain Code sec tions as Article 1 of said chapter; to provide for an effective date.
HB 1139. By Representatives Childers of the 15th and Richardson of the 52nd:
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 authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.
HB 109. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar.
HB 1456. By Representative Langford of the 7th:
A bill to amend Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records, so as to provide that a qualified representative of a deceased patient's estate may ob tain the medical records of such deceased patient.
HB 1294. By Representatives Porter of the 119th, Barfoot of the 120th, Oliver of the 53rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide training requirements for judges of municipal courts; to provide for payment of training costs; to create the Georgia Municipal Courts Training Council to administer the training of municipal judges.
HB 1370. By Representatives Smith of the 156th, Dover of the llth, Moody of the 153rd, McKelvey of the 15th and Fennel of the 155th:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages for the purposes of the Georgia "Employment Security Law," so as to exclude from the definition of wages payments made by the owner or operator of a commercial shrimping or fishing vessel as a percentage of the daily catch of the vessel to crew members for services performed on the vessel for that particular day.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 331. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain minimum standards and procedures of the Depart ment of Natural Resources; to provide for an effective date.

TUESDAY, FEBRUARY 20, 1990

1345

The House has agreed to the Senate amendments to the following bills of the House:
HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th, Athon of the 57th, Hooks of the 116th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appoint ment, terms, allowances, expenses, and removal of members.
HB 1250. By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th: A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to regis tered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members.
HB 1426. By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th: A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating tc the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1149. By Representative Alien of the 127th: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, fire men, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th, Lee of the 72nd and Teper of the 46th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multi-year installment purchase contracts.
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 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Smith of the 156th, Walker of the 115th 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.
The Speaker has appointed on the part of the House, Representatives Green of the 106th, Childers of the 15th and Parham of the 105th.

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The House has disagreed to the Senate substitute to the following resolution of the House:
HR 89. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 747. By Senator Edge of the 28th:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, as amended, so as to change the time, method, and manner of electing the mayor and councilmembers; to provide for terms; to provide for filling vacancies. Referred to Committee on Urban and County Affairs.
SB 748. By Senator Brannon of the 51st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Gordon County; to create a chairman and board of com missioners for Gordon County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission districts. Referred to Committee on Urban and County Affairs.
SB 749. 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 offi cials; to provide for cost-of-living increases. Referred to Committee on Urban and County Affairs.
SB 750. By Senator Stumbaugh of the 55th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits.
Referred to Committee on Insurance.
SB 751. By Senator Gillis of the 20th: 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 require persons selling or offering for sale certain personal property at flea markets to maintain certain records; to provide for requirements for such records; to provide for time periods.
Referred to Committee on Governmental Operations.
SR 461. By Senator Kennedy of the 4th:
A resolution designating the Ernest W. Strickland Bridge. Referred to Committee on Transportation.

TUESDAY, FEBRUARY 20, 1990

1347

The following bills of the House were read the first time and referred to committees:
HB 109. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar.
Referred to Committee on Retirement.
HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretiremen! benefit adjustment.
Referred to Committee on Retirement.
HB 1139. By Representatives Childers of the 15th and Richardson of the 52nd:
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 authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.
Referred to Committee on Special Judiciary.
HB 1150. By Representative Watson of the 114th:
A bill to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to preclude persons convicted of certain illegal drug activity from contracting with the state, state agencies, or authorities; to preclude grants to persons convicted of certain illegal drug activity; to provide definitions; to designate certain Code sec tions as Article 1 of said chapter; to provide for an effective date.
Referred to Committee on Judiciary.
HB 1294. By Representatives Porter of the 119th, Barfoot of the 120th, Oliver of the 53rd and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide training requirements for judges of municipal courts; to provide for payment of training costs; to create the Georgia Municipal Courts Training Council to administer the training of municipal judges.
Referred to Committee on Special Judiciary.
HB 1370. By Representatives Smith of the 156th, Dover of the llth, Moody of the 153rd and others:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages for the purposes of the Georgia "Employment Security Law," so as to exclude from the definition of wages payments made by the owner or operator of a commercial shrimping or fishing vessel as a percentage of the daily catch of the vessel to crew members for services performed on the vessel for that particular day.
Referred to Committee on Natural Resources.

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HB 1397. By Representatives Baker of the 51st, Oliver of the 53rd, Robinson of the 96th and others:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide for an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located; to provide that an evasive or incomplete answer shall be treated as a failure to answer. Referred to Committee on Special Judiciary.
HB 1408. 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. Referred to Committee on Governmental Operations.
HB 1456. By Representative Langford of the 7th:
A bill to amend Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records, so as to provide that a qualified representative of a deceased patient's estate may ob tain the medical records of such deceased patient. Referred to Committee on Special Judiciary.
HB 1505. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye. Referred to Committee on Human Resources.
HB 1514. By Representatives Martin of the 26th and Orrock of the 30th:
A bill to repeal an Act approved April 17, 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit. Referred to Committee on Judiciary.
HB 1521. By Representatives Aiken of the 21st, Clark of the 20th, Mueller of the 126th and others:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system edu cator has committed certain designated crimes under Georgia law. Referred to Committee on Special Judiciary.
HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th:
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 allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to ex pand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees. Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 20, 1990

1349

HB 1644. By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, so as to provide for a one-time fee for licenses or permits.
Referred to Committee on Industry and Labor.
HB 1848. By Representative Chambless of the 133rd: A bill to amend Article 1 of Chapter 3 of Title 18 of the Official Code of Georgia Annotated, relating to attachment proceedings generally, so as to allow the oath of an affiant relating to an application for a writ of attachment to be taken before either a judge or a clerk or deputy clerk of the court or before a notary public.
Referred to Committee on Judiciary.
HB 1839. By Representative Lord of the 107th: A bill to provide a new charter for the City of Sandersville, Georgia.
Referred to Committee on Urban and County Affairs.
HB 1873. By Representative Hudson of the 117th: A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the compensation of the commissioners.
Referred to Committee on Urban and County Affairs.
HB 1876. By Representative McDonald of the 12th: A bill to create the Commerce Civic Center and Tourism Authority.
Referred to Committee on Urban and County Affairs.
HB 1878. By Representative Smith of the 78th: A bill to amend an Act providing for the election of the members of the Butts County Board of Education, so as to provide for per diem and expenses of mem bers of such board.
Referred to Committee on Urban and County Affairs.
HB 1879. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to amend an Act creating a new charter for the City of Hampton, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court.
Referred to Committee on Urban and County Affairs.
HB 1880. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to provide for a municipal court and the judge or judges thereof.
Referred to Committee on Urban and County Affairs.
HB 1881. By Representatives Smith of the 78th and Dunn of the 73rd: A bill to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to the jurisdiction and powers of the munici pal court; to change certain provisions relating to judges, procedures, appeals, rules, and penalties.
Referred to Committee on Urban and County Affairs.

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The following reports of standing committees were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following bills and reso lution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 670. Do pass. HB 671. Do pass by substitute. HR 796. Do pass.
Respectfully submitted,
Senator English of the 21st District, Chairman

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 618. Do pass by substitute.
Respectfully submitted,
Senator Langford of the 35th 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 1326. Do pass. HB 1336. Do pass. HB 1465. Do pass.
Respectfully submitted,
Senator Kidd of the 25th District, Chairman

Mr. President:

The Committee on Human Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1377. HB 1433. HB 1434.

Do pass. Do pass. Do pass.

HB 1457. HB 1563. HB 1696.

Do pass. Do pass. Do pass.

Respectfully submitted,

Senator Howard of the 42nd District, Chairman

Mr. President:

The Committee on Industry and Labor has had under consideration the following bill

TUESDAY, FEBRUARY 20, 1990

1351

of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:

HB 1555. Do pass as amended.

Respectfully submitted,

Senator Dawkins of the 45th District, Chairman

Mr. President:

The Committee on Insurance has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate- with the following recommendations:

SB 693. Do pass. SB 307. Do pass as amended.

SB 662. Do pass by substitute. SB 709. Do pass by substitute.

Respectfully submitted,

Senator Stumbaugh of the 55th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation:

SB 509. Do pass.

Respectfully submitted, Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations:

SB 642. Do pass as amended. HB 1185. Do pass by substitute.

Respectfully submitted,

Senator Deal of the 49th District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 711. Do pass by substitute.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

Mr. President:

The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1114. Do pass.

HB 1415. Do pass.

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HB 1635. Do pass.

HB 1639. Do pass by substitute. Respectfully submitted,
Senator Timmons of the llth District, Chairman

Mr. President:

The Committee on Special Judiciary 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 723. Do pass. HB 1423. Do pass.
Respectfully submitted,
Senator Peevy of the 48th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 545. Do pass by substitute.
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 of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 724. HB 1569. HB 1761. HB 1783.

Do pass.

HB 1796. Do pass.

Do pass.

HB 1800. Do pass.

Do pass by substitute.

HB 1805. Do pass.

Do pass.

HB 1809. 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:

SB 610. By Senators Garner of the 30th and Edge of the 28th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning state government, so as to provide that any state agency which oversees a construction project or for which a construc tion project is being undertaken shall allow access to and inspection by the media of such project periodically and at reasonable times.

SB 643. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for toxics use reduction and waste reduction; to provide for a short title; to provide for legislative findings; to pro vide for definitions; to create the Office of Pollution Prevention; to establish the Pollution Prevention Board; to provide for the appointment of a director of the board.

TUESDAY, FEBRUARY 20, 1990

1353

SB 656. By Senator Allgood of the 22nd: A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to pro vide that any person or business selling or distributing gravel shall be prohibited from loading, or allowing the loading of, gravel unless the vehicle into which it is loaded has a properly operating cover and tailgate which are properly secured prior to leaving the premises.
SB 699. By Senator Baldwin of the 29th: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that neither computer programs nor computer software are subject to the provisions of said article; to define terms; to provide an effective date.
SB 701. By Senator Land of the 16th: A bill to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at grade crossings, so as to pro vide certain time limitations on the planning, acquisition, and installation of pro tective devices at grade crossings.
SB 727. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms of the Superior Court of Glynn County in the Brunswick Circuit; to provide an effective date.
SB 729. By Senators Allgood of the 22nd, Kennedy of the 4th, Dean of the 31st and Deal of the 49th: A bill to amend various provisions of the Official Code of Georgia Annotated so as to provide for the effects of changes in decennial census data and changes in congressional districts with respect to the membership of various boards, com missions, and bodies.
SR 416. By Senators Taylor of the 12th, Garner of the 30th, Turner of the 8th and Clay of the 37th: A resolution urging the Supreme Court to direct the implementation of crime prevention systems in all judicial circuits.
SR 419. By Senators Perry of the 7th, Taylor of the 12th, Parker of the 15th and others: A resolution designating the Trans-South Parkway.
SR 442. By Senators Parker of the 15th and Land of the 16th: A resolution creating the Columbus-Fort Benning Economic Impact Study Commission.
SR 444. By Senators Coleman of the 1st, Scott of the 2nd and Hammill of the 3rd: A resolution designating the Mills B. Lane, Jr. Bridge.
HB 455. By Representatives Kingston of the 125th and Bostick of the 138th: A bill to amend Code Section 33-34-12 of the Official Code of Georgia Annotated, relating to the offenses of operating a motor vehicle without proof of insurance and operating or authorizing another to operate a motor vehicle without insur ance coverage, so as to increase certain penalties for knowingly operating or au-

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thorizing another to operate a motor vehicle without insurance coverage under certain circumstances.
HB 560. By Representatives Hamilton of the 124th, Childers of the 15th, Richardson of the 52nd, Oliver of the 53rd and Connell of the 87th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances.
HB 776. By Representative Jones of the 71st:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change the provisions relat ing to alternative dates and provisions for interest and final settlements of ad valorem taxes.
HB 1191. By Representative Holmes of the 28th:
A bill to amend Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to bicycles, so as to prohibit bicycle racing on state highways.
HB 1381. By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for riling certain intangible property tax returns or other documents.
HB 1421. By Representatives Dover of the llth, Murphy of the 18th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund.
HB 1422. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the "Geor gia Emergency Telephone Number '911' Service Act of 1977," so as to authorize the governing authority of any local government which operates or which con tracts for the operation of an emergency "911" system to impose a monthly "911" charge upon each exchange access facility subscribed to by telephone sub scribers under certain circumstances and conditions.
HB 1447. By Representatives Robinson of the 96th, McDonald of the 12th and Thurmond of the 67th:
A bill to amend Code Section 48-9-10 of the Official Code of Georgia Annotated, relating to refunds of motor fuel taxes, so as to change certain provisions regard ing refunds to certain sellers of motor fuel at retail; to authorize certain refunds as compensation to cover expenses in collecting motor fuel taxes.
HB 1546. By Representatives Byrd of the 153rd and 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 delete references to certain campsite time-share programs and the

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requirements and procedures relating thereto; to delete references to instru ments, statements, and time-share programs involving campsites.

HB 1608. By Representatives Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipali ties and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees.

HB 1623. By Representatives Robinson of the 96th, Cummings of the 17th, Dover of the llth and others:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.

HR 279. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that a political subdivision whose ad valorem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers.

HR 592. By Representatives Jamieson of the llth and Dover of the llth: A resolution extending and redesignating the U.S. 441 Business Historic Route.

HR 735. By Representatives Couch of the 36th and Murphy of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution.

HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st and others:
A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge.

Senator Kennedy of the 4th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Albert Allgood Bowen Brannon Broun Coleman Collins Dean Echols Edge English Engram Fincher

Foster Garner Gillis Hammill Harris Huggins Kidd Land Langford McKenzie Newbill Olmstead Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Tate Timmons Turner Tysinger

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Those not answering were Senators:

Baldwin Barker BBaurrntoens
Clay
Dawkins

Deal Egan FHuolwlearrd
Johnson
Kennedy (presiding)

Parker Scott of 36th a,,,larr
Taylor
Walker

Senator Brannon of the 51st introduced the chaplain of the day, Reverend Leroy Whitfield, pastor of South Calhoun Baptist Church, Calhoun, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 459. By Senator English of the 21st: A resolution commending Sheriff Zollie R. Compton.

SR 462. By Senators English of the 21st, Gillis of the 20th and Pollard of the 24th: A resolution commending Wilkes County Stockyard, Inc.

SR 463. By Senators Broun of the 46th and Johnson of the 47th: A resolution commending Vicki Goetze.

Senator Collins of the 17th introduced the Principal of Locust Grove Elementary School which was commended by SR 406, adopted previously, for having been selected as a 1990 School of Excellence for the State of Georgia.

Senator Collins of the 17th introduced the Principal of Pointe South Junior High School which was commended by SR 405, adopted previously, for having been selected as a 1990 School of Excellence for the State of Georgia.

Senator Turner of the 8th introduced Coach Nick Hyder and the Valdosta High School football team who were commended by SR 343, adopted previously.

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 Tuesday, February 20, 1990
THIRTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 724 Tate, 38th Scott, 36th Newbill, 56th Engram, 34th Shumake, 39th Langford, 35th Fulton County
Provides for a per diem allowance to be paid to certain members of the board of trustees of the Fulton County library system.

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HB 1569 Phillips, 9th City of Norcross Gwinnett County
Creates a new charter for the city of Norcross.

*HB 1761

Kidd, 25th Hancock County
Changes provisions relating to the compensation and allowances of the chairperson and members of the Board of County Commissioners. (SUBSTI TUTE)

HB 1783 Echols, 6th City of Baxley Appling County
Changes the provisions relative to terms of office and election of members of the city council.

HB 1796 Dawkins, 45th City of Conyers Rockdale County
Changes the provisions relating to the election and terms of office of the mayor and council members.

HB 1800 Kennedy, 4th Effingham County
Provides a homestead exemption from Effingham County School District ad valorem taxes of $10,000.00 for residents of said district who are 65 years of age or over.

HB 1805 Gillis, 20th Laurens County
Changes the compensation of the tax commissioner of Laurens County.

HB 1809 Huggins, 53rd Walker County
Changes the provisions relating to the compensation of the judge and the solicitor of the State Court of Walker County.

The substitute to the following bill was put upon its adoption:

*HB 1761:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 1761:

A BILL
To be entitled an Act to amend an Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particu larly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4111), so as to change provisions relating to the compensation and allowances of the chairperson and members of the board; to provide for per diem payments for members of the board other than the chairperson; to provide for related matters; 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. An Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act ap proved March 22, 1989 (Ga. L. 1989, p. 4111), is amended by striking subsection (c) of Section VIII and inserting in its place a new subsection to read as follows:
"(c) (1) Beginning in calendar year 1989 and continuing each year thereafter, the chairperson of the board shall receive an annual compensation for that year an amount of $16,000.00 if that year is within the chairperson's first term of office or an amount of $20,000.00 if that year is within the chairperson's second or subsequent term of office. Such compensation shall be paid in equal monthly installments.
(2) Beginning in calendar year 1989 and continuing each year thereafter, each member of the commission, other than the chairperson, shall receive an annual compensation for that year an amount of $3,000.00 if that year is within that member's first term of office or an amount of $4,000.00 if that year is within that member's second or subsequent term of office. Such compensation shall be paid in equal monthly installments.
(3) In addition to the amounts provided for in paragraphs (1) and (2) of this subsection, each member of the commission, except for the chairperson, shall receive a per diem allow ance of $50.00 for each day on which the board conducts official business, but they shall not receive the same for more than two days in any calendar month.
(4) In addition to the amounts provided for in paragraphs (1), (2), and (3) of this sub section, the chairperson and the other members of the board shall each receive an expense allowance of $300.00 per year, except that such expense allowance shall not be payable to the chairperson on and after the date the chairperson's annual compensation first becomes $20,000.00. The annual compensation, per diem, and expense allowance provided for in this subsection shall be paid in equal monthly installments from the funds of Hancock County."
Section 2. This Act shall become effective July 1, 1990.
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.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes ^owen
BBrroanunnon Burton Clay
Dawkins Deal Dean Echols English

Engram Fincher Foster Garner Gillis Hammill
HHuagrngsins Johnson Kidd
Land Langford Newbill Olmstead Parker

Peevy Perry Phillips Pollard Ragan of 10th R of 32nd
Scott of 36th Starr Stumbaugh
Tate Timmons Turner Tysinger Walker

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1359

Those not voting were Senators:

Coleman Collins Edge Egan

Fuller Howard Kennedy (presiding) McKenzie

Ray Scott of 2nd Shumake Taylor

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 1761, having received the requisite constitutional majority, were passed.

HB 1761, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Tuesday, February 20, 1990
THIRTIETH LEGISLATIVE DAY
SB 450 Vehicle Towing--may obtain certain information from law enforcement (Substi tute) (Amendment) (Gov Op--25th)
SR 432 Service Stations--certain requirement after Federal Clean Air Act finalized (Nat R--21st)
SB 696 Water Quality Control--change provisions on low phosphorus detergents (I&L--29th)
SR 423 Holding of Public Office--prohibit if certain conviction (Amendment) (Judy--52nd)
SB 451 Derelict Motor Vehicle--cancellation of title (Substitute) (Gov Op--25th)
HB 198 Legislative Retirement System--change provisions on retirement allowance (Ret--25th)
SB 434 Health Insurance--group provisions (Substitute) (Ins--55th)
SR 404 Senate Public School Child Care Study Committee--create (Rules--45th)
SB 534 Natural Resources Board Decision--petition to superior court (Nat R--19th)
SB 695 Nursing Homes--sprinkler systems (Hum R--30th)
SB 669 Georgia Juvenile Services Act--enact (Substitute) (Amendment) (Gov Op--49th)
SB 716 Diesel Fuel Storage--certain aboveground tanks not prohibited (I&L--12th)
SB 704 Election Officials--no business contracts with county during term (Gov Op--25th)
SB 725 Nursing Homes--Department of Human Resources distribute list of those violat ing rules (Substitute) (Hum R--15th)
SB 644 Waste Reduction Assistance Service--create at institution within University Sys tem (Amendment) (H Ed--33rd)
SR 438 Employee Mail Order Prescription Drug Program--expressing displeasure (Gov Op--30th)
SB 514 Drug Conviction--superior court clerks publish names (Amendment) (S Judy--45th)
HB 887 Private Carrier--include vehicles transporting forest products (Substitute) (Pub U--2nd)
HB 923 Leaf Tobacco Sales, Storage--charges by warehousemen (Ag--21st)

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HB 1163 Jails--sanitation, health standards (Hum R--30th)
HB 1601 City Business Improvement Districts--business license fees, tax surcharges (U&CA G--10th)
HB 230 District Attorneys Emeritus--minimum state salary (Ret--52nd)
HB 67 Child Custody--validity of person for school pick up (Amendment) (S Judy--48th)
HB 1181 Fax Machine--prohibit certain unsolicited commercial messages (Pub U--45th)
HB 1254 Proprietary, Postsecondary Educational Institutions--regulation (Substitute) (Ed--36th)
Respectfully submitted,
/s/ Nathan Dean of the 31st, Chairman Senate Rules Committee
The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.
The Senate Committee on Governmental Operations offered the following substitute to SB 450:
A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require that the certificate of registration for a motor vehicle must be provided to the purchaser or trans feree of such vehicle; to provide for exceptions; to provide for penalties; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to define certain terms; to provide for cancellation of the title and license plate on certain vehicles; to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice require ments; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-20, relating to motor vehicle registration and license requirements, in its entirety and inserting in lieu thereof a new Code Section 40-2-20 to read as follows:
"40-2-20. (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including trac-

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1361

tors and motorcycles, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of regis tration, the last certificate of registration for such vehicle; provided, however, that, in the case of a repossessed or leased motor vehicle, the lienholder or lessor shall not be required to obtain and transfer the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner by certi fied mail for cancellation.
(b) Subsection (a) of this Code section shall not apply:
(1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable;
(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes;
(3) To any trailer which has no springs and which is being employed in hauling un processed farm products to their first market destination;
(4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm;
(5) To any motorized cart; or
(6) To any moped.
(c) Any person who fails to comply with any requirements of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00.
(d) Any person who knowingly operates a vehicle bearing a license plate which was improperly removed from another vehicle shall be guilty of a misdemeanor and, upon con viction thereof, shall be punished by a fine of $500.00."
Section 2. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, is amended by striking paragraph (12) of Code Section 40-3-2, relating to the definition of a salvage motor vehicle, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Salvage motor vehicle' means any motor vehicle:
(A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair;
(B) Which has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts;
(C) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subse quently recovered undamaged with the manufacturer's vehicle identification number plate intact; or
(D) Which is an imported motor vehicle which has been damaged in shipment and dis claimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title."

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Section 3. Said chapter is further amended by striking Code Section 40-3-35, relating to cancellation of certificates of title for certain vehicles, in its entirety and inserting a new Code Section 40-3-35 to read as follows:
"40-3-35. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation.
(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assem bly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation.
(3) (A) Any insurance company which acquires title to a damaged motor vehicle by payment of a total loss claim shall notify the commissioner of the payment of a total loss claim and shall mail or deliver the certificate of title to the commissioner for cancellation or issuance of a salvage certificate of title.
(B) Any insurance company which pays a total loss claim but does not acquire title to such vehicle shall notify the commissioner and the owner of the payment of a total loss claim but shall not be required to surrender the certificate of title to such vehicle.
(4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commissioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that no security interest holder or lienholder having custody of the certificate of title shall have the validity of his security interest or lien affected by the issuance of a salvage certificate of title.
(b) Any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title. Any registered owner of a vehicle for which a total loss claim has been paid, regardless of the number of major component parts required to repair such vehicle, who retains possession of such vehicle, any registered owner of any vehicle the repair of which requires the replacement of two or more major component parts, and any security interest holder or lienholder having custody of the certificate of title and possession of a vehicle for which a total loss claim has been paid shall apply to the commissioner for a salvage certificate of title for such motor vehicle as provided in this subsection prior to the operation, sale, conveyance, or transfer of such salvage motor vehicle.
(c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle.
(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-335.1, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certificate of

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1363

title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, when ever the commissioner, after a hearing, determines that any person has violated any provi sions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is ag grieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corpo ration, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commis sioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties pro vided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdic tion of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commis sioner with any information acquired by the Commissioner of Insurance during any investi gation or proceeding involving this Code section. Nothing in this subsection shall be con strued to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation con victed of violating such provisions shall be guilty of a misdemeanor.
(i) Any person, firm, or corporation which pays a total loss claim to the registered owner of a salvage motor vehicle shall immediately remove the license plate from such vehicle and return such plate to the commissioner for cancellation."
Section 4. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duties of a person removing or storing a vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public property at the re quest of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehi cle, the owner of the vehicle as recorded on the title of such vehicle, and any security inter est holder or lienholder from the law enforcement officer requesting removal of such or his agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the persons removing such vehicle within 72 hours after receipt of such request.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notifying writing a local law enforcement agency of the location of the vehicle, the manufacturer's

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vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed.
(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehi cle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover dam ages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehi cle, give notice in writing, by sworn statement, to the Department of Revenue and the Geor gia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the loca tion of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its li cense and manufacturer's vehicle identification numbers, the location from where such vehi cle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) Information forwarded to the Georgia Bureau of Investigation as required by this

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Code section shall be placed by the bureau on the National Crime Information Center Network.
(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recov ered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the De partment of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees.
(1) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 5. Said chapter is further amended by striking Code Section 40-11-3, relating to when peace officers may remove vehicles from public property and notice requirements, in its entirety and inserting in lieu thereof a new Code Section 40-11-3 to read as follows:
"40-11-3. (a) Any peace officer who finds a motor vehicle which has been left unat tended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle.
(b) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property shall be authorized immediately to cause such motor vehicle to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety.
(c) Any peace officer who, under this Code section, causes any motor vehicle to be re moved to a garage or other place of safety shall be liable for gross negligence only.
(d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or no tice and if the owner is unknown:
(A) Notify the Department of Revenue and the Georgia Crime Information Center of the description of the vehicle and the location to which such motor vehicle has been re moved; and
(B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle.
(2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the mo tor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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Senator Kidd of the 25th offered the following amendment:

Amend the substitute to SB 450 offered the Senate Committee on Governmental Oper ations by inserting on line 25 of page 2 after the word "lessor" the following:
"or, in the case of court ordered sales or other involuntary transfers, the transferor".

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Allgood Baldwin Barker Barnes Bowen Brannon
Burton Clay Collins Dawkins Deal Dean Echols Edge Egan

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 Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker

Those not voting were Senators:

Coleman Kennedy (presiding) Langford

Phillips Shumake

Taylor Timmons

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SR 432. By Senator English of the 21st:
A resolution providing that the Department of Natural Resources should not promulgate certain requirements applicable to gasoline service stations until such time as amendments to the Federal Clean Air Act have been finalized by Con gress; to provide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

TUESDAY, FEBRUARY 20, 1990

1367

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 Barries
Bowen Brannon B roun
urton pCCooallyleimnsan Dawkins pj eal Dean Echols Edge Egan

English Engram Fincher Foster
Fuller Garner Gillis
Hammill Harris Howard Huggms Johnson Kidd Land Langford Newbill

Olmstead Parker Peevy Phillips
Ragan of 10th Ragan of 32nd Ray
Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Kennedy (presiding) McKenzie

Perry Pollard

Shumake Taylor

On the adoption the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SB 696. By Senators Baldwin of the 29th, Edge of the 28th and Howard of the 42nd:
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 change the provisions relating to low phosphorus household laundry detergents; to pro vide for a statement of purpose; to provide for definitions.

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 Clay Collins Dawkins Deal

Dean Echols Edge Egan Engram Foster Garner Gillis Hammill Harris Howard Johnson

Kidd Land Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th

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Starr Stumbaugh Tate

Timmons Turner

Tysinger Walker

Those not voting were Senators:

Albert ole,man English Fincher Fuller

Huggins Kennedy (presiding) Langford McKenzie

Parker Pollard Shumake Taylor

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 423. By Senators Fuller of the 52nd, Barnes of the 33rd and Peevy of the 48th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony involving moral turpitude shall be eligible to hold any office or appointment of honor or trust in this state unless that person's civil rights have been re stored and ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article II, Section II of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:

"Paragraph III. Persons not eligible to hold office. No person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpi tude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and ten years have elapsed from the date of the completion of the sentence without a sub sequent conviction of another felony involving moral turpitude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

TUESDAY, FEBRUARY 20, 1990

1369

The Senate Committee on Judiciary offered the following amendment:

Amend SR 423 by striking line 5 of page 1 and inserting in lieu thereof the following: "that person's civil rights have been restored and at least ten years". By striking line 20 of page 1 and inserting in lieu thereof the following: "restored and at least ten years have elapsed from the date of the". By striking line 14 of page 2 and inserting in lieu thereof the following: "rights have been restored and at least ten years".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

Senators Hammill of the 3rd and Ray of the 19th offered the following amendment:

Amend SR 423 by striking "ten" on line 20, page 1, and inserting "twenty".

On the adoption of the amendment, the yeas were, 18, nays 21, and the amendment was lost.

Senator Hammill of the 3rd moved that the Senate reconsider its action in defeating the amendment offered by Senators Hammill of the 3rd and Ray of the 19th.

On the motion, the yeas were 19, nays 17; the motion prevailed, and the amendment offered by Senators Hammill of the 3rd and Ray of the 19th was reconsidered.

On the adoption of the amendment offered by Senators Hammill of the 3rd and Ray of the 19th, Senator Kennedy of the 4th, President Pro Tempore, who was presiding, ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Barker
Barnes Burton Coleman Collins Echols Edge

English Foster
Fuller Gillis Hammill Howard Newbill Parker

Perry Phillips Ragan of 32nd r>
Scott of 2nd Shumake Turner

Those voting in the negative were Senators:

Bowen Brannon Broun Clay Dawkins Deal Dean Egan Engram

Fincher Garner Harris Huggins Johnson Kidd Land Langford Olmstead

Peevy Ragan of 10th Scott of 36th Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

Albert Baldwin

Kennedy (presiding) McKenzie

Pollard Taylor

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On the adoption of the amendment, the yeas were 23, nays 27, and the amendment was lost.

The President assumed the Chair.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead

Parker Peevy Perry Phillips 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 Brannon

McKenzie Pollard

Taylor

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the two-thirds constitutional majority, was adopted as amended.

SB 451. By Senators Kidd of the 25th, Olmstead of the 26th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide procedures for determina tion that a vehicle is a derelict motor vehicle; to provide for disposition of dere lict motor vehicles; to provide for notice and procedures; to provide for cancella tion of the title of a derelict vehicle; to provide for penalties.

Senator Kidd of the 25th offered the following substitute to SB 451:

A BILL
To be entitled an Act to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide procedures for determine-

TUESDAY, FEBRUARY 20, 1990

1371

tion that a vehicle is a derelict motor vehicle; to provide for disposition of derelict motor vehicles; to provide for notice and procedures; to provide for cancellation of the title of a derelict vehicle; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by adding a new Code Section 40-11-9 to read as follows:
"40-11-9. (a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if two or more of the vehicle's major component parts have been removed or destroyed by fire so as to render the vehicle inoperable and incapable of passing any required state inspections and the vehicle is 15 or more years old and is not currently registered, any person removing such vehicle shall within 72 hours of removing such vehicle, obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. Within 48 hours after obtaining such information the person removing such vehicle shall, by certified mail return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a dere lict vehicle and the title to such vehicle will be cancelled by the commissioner of revenue if such person or persons fails to respond within ten days of receipt of such notice. The com missioner shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 15 days from the date of such notice by certified mail, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency with jurisdiction in the county or municipality where such vehicle is located and if the vehicle is appraised by such law enforcement agency as having a total value of less than $200.00, the vehicle shall be considered to be a derelict vehicle.
(b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsec tion (a) of this Code section, it may be disposed of by sale to a person who scraps, disman tles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph, the appraisal required in subsection (a) of this Code section and the notice to the commissioner required in this subsection for a period of three years after its disposition. Such person shall also notify the commissioner of revenue of the dispo sition of such vehicle in such manner as may be prescribed by the commissioner. The com missioner shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.
(c) The definition of a derelict vehicle shall not include a vehicle which does not bear a manufactured vehicle identification number plate or a vehicle identification number plate assigned by a state jurisdiction.
(d) Any person who abandons a derelict vehicle on public or private property shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00 and shall pay all costs of having such derelict vehicle removed, stored, and sold as provided for in this Code section.
(e) Any person removing a derelict motor vehicle who fails to comply with the require ments of this Code section or who knowingly provides false or misleading information when

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JOURNAL OF THE SENATE

providing any notice or information required by this Code section shall be guilty of a misdemeanor.
(f) The department of revenue, the commissioner of revenue, and the State of Georgia shall not be liable to the owner of a vehicle declared to be a derelict vehicle pursuant to this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

The President announced that, pursuant to Senate Rule 143, consideration of SB 451 would be suspended and placed on the Senate General Calendar.

HB 198. By Representatives Clark of the 13th, McKinney of the 35th, McKinney of the 40th and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement Sys tem, so as to change the provisions relating to the retirement allowance.
Senate Sponsor: Senator Kidd of the 25th.

The following Memorandum, 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 Bill Cummings, Chairman

House Retirement Committee

FROM:

G. W. Hogan, State Auditor

DATE:

December 1, 1989

SUBJECT: Actuarial Investigation--House Bill 198 (LC 7 7425S) Georgia Legislative Retirement System

This bill would amend the state law regarding retirement allowances paid to members of the Legislative Retirement System. It would increase the monthly allowance paid to a retired member from $20 to $28, multiplied by the years served. This increased retirement allowance would apply to retired former members who are beneficiaries of the system as of the effective date of the bill, as well as members who retire after the bill's effective date. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods.

(1) The amount of unfunded actuarial accrued liability which will result

from the bill.

$ 2,326,100

(2) The amount of annual normal cost which will result from the bill. $ 82,100

(3) The employer contribution rate currently in effect.

$ 35,600

TUESDAY, FEBRUARY 20, 1990

1373

(4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 320,600

(5) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the retirement system

in an actuarially sound condition.

$ 285,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
/s/ G. W. Hogan State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Bowen Brannon Broun Coleman Dean Echols English Engram

Fuller Garner Gillis Hammill Harris Johnson Kennedy Kidd Langford Olmstead

Parker Perry Ragan of 10th Scott of 2nd Scott of 36th Shumake Tate Timmons Turner Walker

Those voting in the negative were Senators:

Albert Barker Barnes Burton Clay Collins Dawkins Deal

Edge Egan Fincher Foster Howard Huggins Land Newbill

Peevy Phillips Pollard Ragan of 32nd Ray Starr Stumbaugh Tysinger

Not voting were Senators McKenzie and Taylor.

On the passage of the bill, the yeas were 30, nays 24.

The bill, having received the requisite constitutional majority, was passed.

Senator Kidd of the 25th moved that HB 198 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 13; the motion prevailed, and HB 198 was imme diately transmitted to the House.

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

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JOURNAL OF THE SENATE

The Senate Committee on Insurance offered the following substitute to SB 434:
A BILL
To be entitled an Act to amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to delete certain provisions relative to experience rating by multiple employer welfare arrange ment; to define certain terms; to provide standards and requirements for the rating of small groups under group life insurance and group accident and sickness insurance; to provide exceptions; to provide for notices of premium increases to be mailed or delivered to the group policyholder; to amend Code Section 33-29-2 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance policies, so as to require the offering of deductibles as a means of reducing premiums for such policies; 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 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, is amended by striking paragraph (8) of Code Section 33-27-1, relating to group requirements in general, in its entirety and inserting in its place a new paragraph (8) to read as follows:
"(8) Multiple employer welfare arrangements. (A) The lives of a group of individuals may be insured under a policy issued to a legal entity providing a multiple employer welfare arrangement. As used in this paragraph, the term 'multiple employer welfare arrangement' means any employee benefit plan which is established or maintained for the purpose of offering or providing life insurance benefits to the employee of two or more employers, in cluding self-employed individuals and their dependents. The term does not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric coop erative or a collective bargaining agreement.
(B) The amounts of insurance under the policy must be based upon some plan preclud ing individual selection either by the employees, employers, or trustee."
Section 2. Said Chapter 27 is further amended by adding two new Code sections, to be designated Code Section 33-27-8 and Code Section 33-27-9, to read as follows:
"33-27-8. (a) As used in this Code section, the term 'small group' means a group or subgroup of 50 or fewer employees, members, or enrollees.
(b) The claims experience produced by small groups covered under group life insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of an insurer shall not be used in any manner for rating purposes or as a reason for termination of any individ ual small group.
(c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups, regardless of the marketing mechanism or distribution system utilized in the sale of the group life insurance. The pool shall include the experience gener ated under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple em ployer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, for sole proprie tors, employers, or both.
(d) Age, sex, area, industry, occupational, and avocational factors may be considered in

TUESDAY, FEBRUARY 20, 1990

1375

the initial and renewal rating of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied to each employee, member, or enrollee and to each dependent member of the small group in the initial underwriting of a new or replacement group or when the mem ber or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Notwithstanding subsection (b) of this Code section, the total premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 15 percent based upon individual small group experience factors. The direct premium result of select or substandard underwriting practices shall not be computed as a deviation from the pool rate.
(e) If standard or substandard rating cannot be offered to any individual according to recognized underwriting practices, coverage may be declined if the balance of the small group is accepted.
(f) This Code section shall not apply to policies issued to an employer in another state which provides coverage for employees of this state employed by such employer policyholder. Additionally, it shall not apply to any true association group, which shall be defined as an association of governmental or public employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession, or to a policy negotiated in connection with a collective bargaining agreement.
33-27-9. Notice of a group premium increase shall be mailed or delivered to the group policy holder and to each employer group or subgroup insured under the group policy not less than 60 days prior to the effective date of the premium increase."
Section 3. Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to requirements of individual accident and sickness policies, is amended by striking subsec tions (b) and (c) and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows:
"(b) Individual major medical policies, including franchise and conversion policies, shall make available to each applicant for such coverage optional cash deductible amounts up to at least $5,000.00. No such policy shall contain any provision in which the length of the cash deductible accumulation period is not reasonable in relation to the amount of the cash deductibles. An insurer may offer higher optional deductibles to existing policyholders as a means of reducing the cost of such policies or to offset premium increases.
(c) This Code section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation.
(d) This Code section shall not be construed so as to impair the obligation of any con tract in existence prior to January 1, 1979."
Section 4. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by striking paragraph (6) of Code Section 33-30-1, relating to the definition of group accident and sickness insurance, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) (A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, and their dependents. The term does not apply to any plan or arrangement which is established or maintained by a taxexempt rural electric cooperative or a collective bargaining agreement.
(B) The amounts of insurance under the policy must be based upon some plan preclud ing individual selection either by the employees, employers, or trustee."

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JOURNAL OF THE SENATE

Section 5. Said Chapter 30 is further amended by adding two new Code sections, to be designated Code Section 33-30-28 and Code Section 33-30-29, to read as follows:
"33-30-28. (a) As used in this Code section, the term 'small group' means a group or subgroup of 50 or fewer employees, members, or enrollees.
(b) The claims experience produced by small groups covered under accident and sick ness insurance for each insurer shall be fully pooled for rating purposes. Except to the ex tent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of each insurer shall not be used in any manner for rating purposes or as a reason for termination of any individual group.
(c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts; con tracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrange ments through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrange ments shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group of group-type contract provides coverage, primarily or incidentally, for sole proprietors, employers, or both. This Code section does not apply to limited accident and sickness insurance policies such as hospital indemnity policies, specified disease policies, limited accident policies, or similar limited policies.
(d) Age, sex, area, industry, occupational, and avocational factors may be considered in the initial and renewal rating of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied to each employee, member, or enrollee and to each dependent member of the small group in the initial underwriting of a new or replacement group or when the mem ber or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Notwithstanding subsection (b) of this Code section, the total premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 15 percent based upon individual small group experience factors. The direct premium result of select or substandard underwriting practices shall not be computed as a deviation from the pool rate.
(e) (1) If, according to recognized underwriting practices, a member or eligible depen dent cannot be issued coverage at standard or substandard rates, then coverage may be issued with a waiver for a named impairment or impairments.
(2) If, according to recognized underwriting practices, a waiver may not be offered, cov erage may be declined if the balance of the small group is accepted.
(f) This Code section shall not apply to policies issued to an employer in another state which provides coverage for employees of this state employed by such employer policyholder. Additionally, it shall not apply to true association groups, which shall be defined as an association of governmental or public employees, an association of employees of a com mon employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession, or to a policy negotiated in connection with a collective bargaining agreement.
33-30-29. Notice of a group premium increase shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the group policy not less than 60 days prior to the effective date of the premium increase."
Section 6. This Act shall become effective on September 1, 1990, and shall be applicable to all contracts or policies of insurance issued or renewed on or after such date.

TUESDAY, FEBRUARY 20, 1990

1377

Section 7. 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:

Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Engram Fincher Foster 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 36th Starr Stumbaugh Tate Timmons Tysinger Walker

Those not voting were Senators:

McKenzie Scott of 2nd

Shumake Taylor

Turner

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Harris of the 27th introduced the doctor of the day, Dr. B. W. "Bev" Forester, of Macon, Georgia.

The following general resolution and bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SR 404. By Senator Dawkins of the 45th: A resolution creating the Senate Public School Child Care 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 Brannon

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Burton Clay Collins Dawkins
Edge Egan English Engram Fincher Foster

Garner Gillis Hammill
Harris Howard Huggins
Johnson Kennedy
Kidd Land Newbill Olmstead

Peevy Perry Phillips
Pollard Ragan of 10th Ragan of 32nd
Ray Scott of 36th
Stumbaugh Tate Tysinger Walker

Those not voting were Senators:

Bowen ^Coroleumn an Fuller Langford

McKenzie Parker Scott of 2nd Shumake

Starr Taylor Timmons Turner

On the adoption of the resolution, the yeas were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair.

SB 534. By Senators Ray of the 19th, Gillis of the 20th and English of the 21st:
A bill to amend Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources; to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to provide that a petition for judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court.

Senator Allgood of the 22nd offered the following amendment:

Amend SB 534 by adding after the second semicolon on line 14 of page 1 the following:
"to provide for appellate review of board decisions so affirmed by operation of law;".
By striking the quotation mark on line 34 of page 2 and adding immediately thereafter the following:
"(c) A decision of the board affirmed by operation of law under subsection (b) of this Code section shall be subject to appellate review in the same manner as a decision of the superior court. 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.' "

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1379

By striking on line 3 of page 3 the following:
"a new subsection (c)"
and inserting in lieu thereof the following:
"new subsections (c) and (d)".
By striking the quotation mark on line 30 of page 3 and inserting immediately thereaf ter the following:
"(d) A decision of the board affirmed by operation of law under subsection (c) of this Code section shall be subject to appellate review in the same manner as a decision of the superior court. 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 (c) 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 eifect 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.' "
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
Senator Hammill of the 3rd offered the following amendment:
Amend SB 534 by striking from line 9 of page 1, lines 15, 19, 21, 23, and 29 of page 2 and lines 11, 15, 17, 20, and 25 of page 3 the number "60" and inserting in lieu thereof the number "120".
By striking from line 12 of page 1, line 28 of page 2, and lines 24 and 30 of page 3 the number "30" and inserting in lieu thereof the number "60".
Senator Hammill of the 3rd 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 SB 534 by striking the number "60" on page 2, line 15 and inserting in lieu thereof the number "90";
Also by striking the number "60" on line 19 of page 2 and inserting in lieu thereof the number "90";
Also by striking the number "60" on line 21 of page 2 and inserting in lieu thereof the number "90";
Also by striking the number "60" on line 23 of page 2 and inserting in lieu thereof "90";
Also by striking the number "60" on line 29 of page 2 and inserting "90";
by striking the number "60" on page 3, line 11 and inserting "90";
by striking the number "60" on page 3, line 15 and inserting "90";
by striking the number "60" on page 3, line 17 and inserting "90";
by striking the number "60" on page 3, line 20 and inserting "90";
and by striking the number "60" on page 3, line 25 and inserting "90".

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On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that pursuant to Senate Rule 143, consideration of SB 534 would be suspended and placed on the Senate General Calendar.

SB 695. By Senators Garner of the 30th, Howard of the 42nd, Edge of the 28th and others:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems.

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 Clay Collins Dawkins Deal Dean Echols Edge Egan 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 Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Coleman English

Engram Kennedy (presiding)

Shumake Taylor

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, having been withdrawn from the Senate Com mittee on Judiciary on February 2 and committed to the Senate Committee on Governmen tal Operations, favorably reported by the committee, read the third time on February 8 and tabled, and taken from the Table on February 19, was put upon its passage:

SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th, Barker of the 18th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain

TUESDAY, FEBRUARY 20, 1990

1381

duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention.
Senator Deal of the 49th offered the following amendment:
Amend SB 669 by inserting on line 33, page 14 after the word "the" the following:
"Division of Youth Services of the",
and by striking on line 34, page 14 the words "at and for youth",
and by striking all of line 1, page 15 and by striking the word "facilities" on line 2, page 15.
Senator Deal asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn.
Senators Deal of the 49th, Kidd of the 25th, Barker of the 18th and others offered the following substitute to SB 669:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention; to change the provisions relating to delinquent children; to change the provisions relating to disposition of a child committing a delinquent act constituting an AIDS transmitting crime; to change the provisions relating to the disposition of an unruly child; to change the provi sions relating to designated felony acts; to change the provisions relating to limitations on time on orders of disposition; to change the provisions relating to modification or vacation of orders; to change the provisions relating to expenses charged to counties; to amend Chap ter 2 of Title 49, relating to the Department and Board of Human Resources, so as to desig nate the present provisions of said chapter as Article 1 of said chapter and to enact Article 2 of said chapter; to provide additional duties for the Board of Human Resources; to create the Department of Youth Services; to create the position of commissioner of youth services; to provide for definitions; to provide for the transfer of facilities and employees; to provide for rules and regulations and requirements in connection therewith; to provide for the au thority of the Department of Youth Services; to provide for the commitment of a delinquent or unruly child to the Department of Youth Services and for requirements in connection therewith; to make provisions for a child who has previously been adjudged to have commit ted an act which is a felony; to provide requirements relative to escape from detention cen ters; to provide for penalties; to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to indemnification of police officers, firemen, and prison guards, so as to make technical corrections; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Children and Youth Act," so as to change certain definitions; to change the provisions relating to development and administra tion of child welfare and youth services; to delete provisions relating to commitment of chil dren and youth to the Department of Human Resources; to change the provisions relating to the powers and duties of the Department of Human Resources; to repeal a provision relating to the commitment of delinquent and unruly children to the Department of Human Re sources; to repeal a provision relating to escape from a youth detention center; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings is amended by striking paragraph (5) of subsection (b) of Code Section

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15-11-4, relating to the Council of Juvenile Court Judges, in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows:
"(5) Promulgate in cooperation with the Department of Youth Services or any successor department or agency standard procedures for coordinating state and local probation ser vices throughout the state; and".
Section 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 15-11-17, relating to when a child may be taken into custody, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) Pursuant to an order of the court under this article, including an order to an em ployee of the Department of Youth Services designated in accordance with paragraph (2) of subsection (i) of Code Section 49-2-37, to apprehend a child who has escaped from an insti tution or facility operated by the Department of Youth Services or a child who has been placed under supervision and who has broken the conditions thereof;".
Section 3. Said chapter is further amended by striking subsection (g) of Code Section 15-11-20, relating to places of detention, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) All facilities that detain juveniles for pretrial detention shall maintain the following data on each child detained:
(1) Name;
(2) Date of birth;
(3) Sex;
(4) Race;
(5) Offense(s) for which being detained;
(6) Date of and authority for confinement;
(7) Date of and authority for release or transfer; and
(8) Where transferred or to whom released.
Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by the Department of Human Resources, by the Department of Youth Services, and by the Georgia Council of Juvenile Court Judges."
Section 4. Said chapter is further amended by striking paragraphs (4) and (5) of subsec tion (a) of Code Section 15-11-35, relating to the disposition of a delinquent child, in its entirety and substituting in lieu thereof new paragraphs (4) and (5) to read as follows:
"(4) An order committing the child to the Department of Youth Services; or
(5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the De partment of Youth Services. While an order requiring restitution is in effect, the enforce ment thereof may be transferred to the Department of Youth Services. In the event that the child changes his place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the commissioner of youth services certifies that a restitution program is available at such facility. Payment of funds under this para graph shall be made by the child or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order."
Section 5. Said chapter is further amended by striking Code Section 15-11-35.1, relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting

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1383

crime, in its entirety and substituting in lieu thereof a new Code Section 15-11-35.1 to read as follows:
"15-11-35.1. (a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Youth Services a copy of such order within three days following the issuance thereof.
(c) The Department of Youth Services, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.
(d) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Youth Services, which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS trans mitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Youth Services believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and
(3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of chil dren, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been deter mined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined;
(B) That child is reasonably believed to be sexually predatory either during or prior to detention; or
(C) The commissioner of youth services reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
Section 6. Said chapter is further amended by striking Code Section 15-11-36, relating to the disposition of an unruly child, in its entirety and substituting in lieu thereof a new Code Section 15-11-36 to read as follows:
"15-11-36. If the child is found to be unruly, the court may make any disposition au thorized for a delinquent child except that, if commitment to the Department of Youth Services is ordered, the court shall first find that the child is not amenable to treatment or rehabilitation pursuant to paragraph (1), (2), or (3) of Code Section 15-11-35."
Section 7. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 15-11-37, relating to designated felony acts, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'A carefully arranged and monitored home visit' means a home visit during which a youth is monitored by appropriate personnel of the Department of Youth Services desig nated pursuant to regulations of the director of the division."
Section 8. Said chapter is further amended by striking subsections (e) and (g) of Code

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Section 15-11-37, relating to designated felony acts, in their entirety and substituting in lieu thereof new subsections (e) and (g), respectively, to read as follows:
"(e) When the order is for restrictive custody in the case of a youth found to have committed a designated felony act:
(1) The order shall provide that:
(A) The juvenile shall be placed in the custody of the Department of Youth Services for an initial period of five years;
(B) The juvenile shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 18 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, pro vided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the juvenile shall initially be confined in a youth development center for 18 months;
(C) After the period set under subparagraph (B) of this paragraph, the juvenile shall be placed under intensive supervision for a period of 12 months; and
(D) The juvenile may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the juvenile be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless au thorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a youth is confined in a youth development center, whether such confinement is pursuant to a court order or otherwise;
(2) During the placement or any extension thereof:
(A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the juvenile shall not be released from intensive supervision without the written approval of the commissioner of youth services or his designated deputy;
(B) While in a youth development center, the juvenile may be permitted to participate in all youth development center services and programs and shall be eligible to receive spe cial medical and treatment services, regardless of the time of confinement in the youth de velopment center. After the first six months of confinement in a youth development center, a juvenile may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center and in cooper ation and coordination with the Department of Human Resources, the juvenile may be al lowed to participate in state sponsored programs for evaluation and services under the Divi sion of Rehabilitation Services and Division of Mental Health, Mental Retardation, and Substance Abuse;
(C) The juvenile shall not be discharged from the custody of the Department of Youth Services unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and
(D) Unless otherwise specified in the order, the Department of Youth Services shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the juvenile; and
(3) Upon the expiration of the initial period of placement in a youth development center, or any extension thereof, the placement may be extended on motion by the Depart ment of Youth Services, after a dispositional hearing, for an additional period of 12 months, provided that no initial placement or extension of custody under this Code section may continue beyond the juvenile's twenty-first birthday."

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1385

"(g) The Department of Youth Services shall retain the power to continue the confine ment of the youth in a youth development center or other program beyond the periods specified by the court within the term of the order."
Section 9. Said chapter is further amended by striking subsection (b) of Code Section 15-11-41, relating to limitations on time on orders of disposition, in its entirety and substi tuting in lieu thereof a new subsection (b) to read as follows:
"(b) Except as otherwise provided by law, an order of disposition committing a delin quent or unruly child to the Department of Youth Services continues in force for two years or until the child is sooner discharged by the Department of Youth Services. The court which made the order may extend its duration for an additional two years subject to like discharge, if:
(1) A hearing is held upon motion of the Department of Youth Services prior to the expiration of the order;
(2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and
(3) The court finds that the extension is necessary for the treatment or rehabilitation of the child."
Section 10. Said chapter is further amended by striking subsection (b) of Code Section 15-11-42, relating to modification or vacation of orders, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Department of Youth Services, after the child has been transferred to the physical custody of the Division of Youth Services, or an order of dismissal. An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed."
Section 11. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 15-11-56, relating to expenses charged to counties, in its entirety and sub stituting in lieu thereof a new paragraph (2) to read as follows:
"(2) The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than the Department of Youth Services, but the court may order supplemental payments, if such are necessary or desirable;".
Section 12. Chapter 2 of Title 49, relating to the Department and Board of Human Resources, is amended by designating the present provisions of said chapter consisting of Code Section 49-2-1 through 49-2-15 as Article 1 of said chapter and by adding at the end of said chapter a new Article 2 to read as follows:
"ARTICLE 2
49-2-30. In addition to any other powers of the board provided for in this title or any other law, the Board of Human Resources shall establish the general policy of the Depart ment of Youth Services provided for in this article.
49-2-31. There is created the Department of Youth Services and the position of com missioner of youth services. The commissioner shall be the chief administrative officer of the Department of Youth Services and shall be both appointed and removed by the Board of Human Resources, subject to the approval of the Governor. The commissioner of human resources may not also serve as the commissioner of youth services. Subject to the general policy and rules and regulations of the board, the commissioner of youth services shall su pervise, direct, account for, organize, plan, administer, and execute the functions of the De partment of Youth Services.

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49-2-32. As used in this article, the term:
(1) 'Commissioner' means the commissioner of youth services.
(2) 'Delinquent or unruly child or youth' means any person so adjudged under Chapter 11 of Title 15.
(3) 'Department' means the Department of Youth Services.
49-2-33. It is the purpose of this article to transfer juvenile detention facilities from the Department of Human Resources to the Department of Youth Services and to establish the department as the agency to administer, supervise, and manage such juvenile detention fa cilities in the place of and as the successor agency to the Division of Youth Services of the Department of Human Resources. Except for the purposes of administration, supervision, and management as provided in this article, juvenile detention facilities shall continue to be detention care facilities for delinquent and unruly children and youth for the purposes of Chapter 11 of Title 15, relating to juvenile courts and juvenile proceedings.
49-2-34. (a) Effective on July 1, 1991, the department shall carry out all functions and exercise all powers of the Division of Youth Services of the Department of Human Re sources relating to the administration, supervision, and management of juvenile detention facilities, including youth development centers, and on that date, jurisdiction over said youth development centers and other juvenile detention facilities is transferred to the department.
(b) All persons employed by the Department of Human Resources, who are working at and for youth development centers and other juvenile detention facilities on June 30, 1991, shall, on July 1, 1991, become employees of the department. Such employees shall be sub ject to the employment practices and policies of the department on and after July 1, 1991, but consistent with the compensation and benefits of other employees of the department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on July 1, 1991, shall not be impaired or interrupted by the trans fer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1991. Accrued annual and sick leave possessed by said employees on June 30, 1991, shall be retained by said employees as employees of the department.
49-2-35. (a) The board shall adopt rules and regulations for the government, operation, administration, and maintenance of youth development centers and other juvenile detention facilities by the department and may also adopt such other rules and regulations for the government and operation of the department as the board may deem necessary consistent with the provisions of this article.
(b) Rules and regulations adopted by the board under subsection (a) of this Code sec tion shall recognize that a primary purpose of youth development centers and other juvenile detention facilities is to carry out rehabilitative programs to the end that children and youth housed in said centers shall develop their self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are qualified for honorable employment.
49-2-36. (a) The department shall be authorized to:
(1) Accept for detention in a youth development center or other juvenile detention fa cility any child who is committed to the department under Chapter 11 of Title 15; and
(2) Provide probation and parole and other court services for children and youth pursu ant to a request from a court under Chapter 11 of Title 15.
(b) When given legal custody over a child or youth for detention in a youth develop-

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merit center or other facility under court order under Chapter 11 of Title 15, the depart ment shall have:
(1) The right of physical possession of the child or youth;
(2) The right and duty to protect, train, and discipline the child or youth;
(3) The responsibility to provide the child or youth with food, clothing, shelter, and education;
(4) The right to determine in which facility the child or youth shall live; and
(5) The right and duty to provide or obtain for a child or youth medical, hospital, psy chiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents and legal guardians.
49-2-37. (a) When any child or youth is adjudged to be in a state of delinquency or unruliness under Chapter 11 of Title 15 and the court does not release such child or youth unconditionally or place him or her on probation or in a suitable public or private institu tion or agency, the court may commit him to the department as provided in said Chapter 11 of Title 15; provided, however, that no delinquent or unruly child or youth shall be commit ted to the department until the department certifies to the Governor that it has facilities available and personnel ready to assume responsibility for delinquent or unruly children and youths.
(b) When the court commits a delinquent or unruly child to the department, it may order him conveyed forthwith to a youth development center or to another place of deten tion approved or established or designated by the department or direct that he be left at liberty until otherwise ordered by the department under such conditions as will ensure his availability and submission to any orders of the department. The court shall assign an of ficer or other suitable person to convey such delinquent or unruly child to any facility desig nated by the department, provided that the person assigned to convey a girl must be a female. The cost of conveying such child committed to the department to the facility desig nated by the department shall be paid by the county from which such child is committed, provided that no compensation shall be allowed beyond the actual and necessary expenses of the party conveying and the child conveyed.
(c) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department a certified copy of the order of commitment and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect to the case. Such reports shall, if the department so re quests, be made upon forms furnished by the department or according to an outline pro vided by the department.
(d) (1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and study the child and investigate all pertinent circumstances of his life and behavior. The department shall make periodic reexaminations of all delinquent or unruly children within its control, except those on release under supervision of the department. Such reexamina tions may be made as frequently as the department considers desirable and shall be made with respect to every child at intervals not exceeding one year. Failure of the department to examine a delinquent or unruly child committed to it or to reexamine him within one year of a previous examination shall not of itself entitle the child to discharge from control of the department but shall entitle the child to petition the committing court for an order of dis charge; and the court shall discharge him unless the department, upon due notice, satisfies the court of the necessity of further control.
(2) The department shall keep written records of all examinations and reexaminations, of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the

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department with respect to a delinquent or unruly child committed to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to disseminating juvenile criminal his tory records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles.
(e) When a delinquent or unruly child has been committed to the department for de tention and a diagnostic study for the purpose of determining the most satisfactory plan for his care and treatment has been completed, the department may:
(1) Permit him his liberty under supervision and upon such conditions as the depart ment may believe conducive to acceptable behavior;
(2) Order his confinement under such conditions as the department may believe best designed to serve his welfare and as may be in the best interest of the public;
(3) Order reconfinement or renewed release as often as conditions indicate to be desirable;
(4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or
(5) Discharge him from control of the department when it is satisfied that such dis charge will best serve his welfare and the protection of the public.
(f) As a means of correcting the socially harmful tendencies of a delinquent or unruly child committed to it, the department may:
(1) Require participation by him in moral, academic, vocational, physical, and correc tional training and activities;
(2) Require such modes of life and conduct as may seem best adapted to fit and equip him for return to full liberty without danger to the public;
(3) Provide such medical, psychiatric, or casework treatment as is necessary; or
(4) Place him, if physical fit, in a park, maintenance camp, or forestry camp or on a ranch owned by the state or by the United States and require any child so housed to per form suitable conservation and maintenance work, provided that the children shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabili tate the children rather than to make the camps self-sustaining.
(g) When funds are available, the department may:
(1) Establish and operate places for detention and diagnosis of all delinquent or unruly children committed to it;
(2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits and different mental and physical conditions, according to their needs; and
(3) Establish parole or aftercare supervision to aid children given conditional release to find homes and employment and otherwise to assist them to become reestablished in the community and to lead socially acceptable lives.
(h) Whenever the department finds that any delinquent or unruly child committed to the department is mentally ill or mentally retarded, the department shall have the power to return such delinquent or unruly child to the court of original jurisdiction for appropriate disposition by that court or may, if it so desires, request the court having jurisdiction in the county in which the youth development center or other facility is located to take such action as the condition of the child may require.
(i) (1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center or who has been otherwise taken into

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1389

custody and who has escaped therefrom or who has been placed under supervision and bro ken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervi sion. Before a child may be taken into custody for violation of the conditions of supervision, the written request mentioned above must be reviewed by the commissioner or his designee. If the commissioner or his designee finds that probable cause exists to believe that the child has violated his conditions of supervision, he may issue an order directing that the child be picked up and returned to custody.
(2) The commissioner may designate one or more employees of the department to in vestigate and apprehend delinquent and unruly children who have escaped from an institu tion or facility or who have broken the conditions of supervision; provided, however, that employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate and apprehend such children and to arrest any person physically interfering with the proper apprehension of such children. Such employee shall be authorized to carry weap ons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. Any employee designated under this subsection shall be consid ered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter.
(3) For the purposes of investigation of delinquent or unruly children who have escaped from institutions or facilities of the department or of delinquent or unruly children who are alleged to have broken the conditions of supervision, the department is empowered and authorized to request and receive from the Georgia Crime Information Center, established by Chapter 3 of Title 35, any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children.
(4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a per son having knowledge of the escape or violation of conditions of supervision, or a child may be taken into custody pursuant to Code Section 15-11-17. When taking a child into custody pursuant to this paragraph, a designated employee of the department shall have the power to use all force reasonably necessary to take the child into custody.
(5) The child shall be kept in custody in a suitable place designated by the department and there detained until such child may be returned to the custody of the department.
(6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to this subsection shall have the same immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant.
(j) The department shall ensure that each delinquent or unruly child it releases under supervision or otherwise has suitable clothing, transportation to his home or to the county in which a suitable home or employment has been found for him, and such an amount of money as the rules and regulations of the board may authorize. The expenditure for clothing and for transportation and the payment of money to a delinquent or unruly child released may be made from funds for support and maintenance appropriated by the General Assem bly to the department or to the institution from which such child is released or from local funds.
(k) Every child committed to the department as delinquent or unruly, if not already discharged, shall be discharged from custody of the department when he reaches his twentyfirst birthday.
(1) Commitment of a delinquent or unruly child to the custody of the department shall

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not operate to disqualify such child in any future examination, appointment, or application for public service under the government either of the state or of any political subdivision thereof.
(m) A commitment to the department shall not be received in evidence or used in any way in any proceedings in any court, except in subsequent proceedings for delinquency or unruliness involving the same child and except in imposing sentence in any criminal pro ceeding against the same person.
(n) The department shall conduct a continuing inquiry into the effectiveness of treat ment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the department shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the department and shall tabulate, analyze, and publish annually these data so that they may be used to evaluate the relative merits of methods of treatment. The department shall cooperate with courts and public and private agencies in the collection of statistics and information regarding juvenile delinquency; arrests made; complaints, informations, and petitions filed; the disposition made thereof; and other information useful in determining the amount and causes of juve nile delinquency in this state. In order to facilitate the collection of such information, the department shall be authorized to inspect and copy all records of the court and law enforce ment agencies pertaining to juveniles.
(o) All juvenile detention facilities operated by counties which on July 1, 1981, were transferred to the control and jurisdiction of the Department of Human Resources, Division of Youth Services, shall on July 1, 1991, be transferred to and operated as facilities of the department. However, this subsection shall not become effective unless those counties which maintain their own juvenile detention facilities, including Fulton, Chatham, and DeKalb counties, transfer and deed to the state the real and personal property which comprises the offices, facilities, and equipment of such detention facilities if such property is desired by the state.
(p) When a child who is committed to the department is under court order to make certain restitution as a part of his treatment by the court, the requirement that the restitu tion be paid in full shall not cease with the order of commitment. The provision of the order requiring restitution shall remain in force and effect during the period of commitment and the department is empowered to enforce said restitution requirement and to direct that payment of funds or notification of service completed be made to the clerk of the juvenile court or another employee of that court designated by the judge.
49-2-38. (a) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the department as otherwise provided by law or be committed as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the Department of Corrections.
(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all chil dren subject to its jurisdiction such oversight and control in the premises as will be condu cive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the department for detention in any of its institutions under the terms of this article during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commis sioner or his designated representative.

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(c) After the expiration of one year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confinement or release of the child back to the committing court for further disposition as the court deems proper.
(d) In the event adequate facilities are not available, the department shall have the right to transfer youths committed to the department under this Code section to the De partment of Corrections for incarceration in an appropriate facility designated by the De partment of Corrections.
(e) Any child under 17 years of age who is sentenced in the superior court and commit ted to the division may be eligible to participate in all youth development center programs and services including community work programs, sheltered workshops, special state spon sored programs for evaluation and services under the Division of Rehabilitation Services and the Division of Mental Health, Mental Retardation, and Substance Abuse of the De partment of Human Resources, and under the general supervision of youth development center staff at special planned activities outside of the youth development center. When such a child sentenced in the superior court is approaching his seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and pro gress of the child in programs described in this subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his sentence reduced, be transferred to the Department of Corrections for the remain der of the original sentence, or be subject to any other determination authorized by law.
49-2-39. Whenever any child shall escape from any youth detention center, the depart ment shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a youth detention center under the juris diction of the department or to another institution under the Department of Corrections.
49-2-40. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody shall be guilty of a misdemeanor.
(b) Any person who shall knowingly harbor, shelter, entertain, or encourage any child or youth who has escaped the lawful custody or control of the department shall be guilty of a misdemeanor.
(c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a misdemeanor."
Section 13. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to indemnification of law enforcement officers, firemen, and prison guards, is amended by striking paragraph (5) of said Code section in its entirety and substi tuting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to en force the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of youth services of the Department of Youth Services pursuant to paragraph (2) of subsection (i) of Code Sec tion 49-2-37, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Youth Services or who have broken the conditions of supervision."
Section 14. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Children and Youth Act," is amended by striking paragraphs (5) and (6) of Code Sec-

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tion 49-5-3, relating to definitions, in their entirety and substituting in lieu thereof new paragraphs (5) and (6) to read as follows:
"(5) 'Deprived child or youth' means any person so adjudged under Chapter 11 of Title 15.
(6) Reserved."
Section 15. Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 49-5-7, relating to development and administration of child welfare and youth services, which reads as follows:
"(5) For the acceptance and detention of any child under 17 years of age who is com mitted under Chapter 11 of Title 15; provided, however:
(A) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the Department of Corrections as otherwise provided by law or be committed as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the Department of Corrections.
(B) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all chil dren subject to its jurisdiction such oversight and control in the premises as will be condu cive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the Department of Human Resources for detention in any of its institutions under the terms of this article during the period of one year from the date of commitment shall be had only with the concurrence and recommenda tion of the commissioner of human resources or his designated representative.
(C) After the expiration of one year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confinement or release of the child back to the committing court for further disposition as the court deems proper.
(D) In the event adequate facilities are not available, the Department of Human Re sources shall have the right to transfer youths committed to the Department of Human Resources under this Code section to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections.
(E) Any child under 17 years of age who is sentenced in the superior court and commit ted to the department may be eligible to participate in all youth development center pro grams and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Rehabilitation Ser vices and the Division of Mental Health, Mental Retardation, and Substance Abuse, and under the general supervision of youth development center staff at special planned activities outside of the youth development center. When such a child sentenced in the superior court is approaching his seventeenth birthday, the department shall notify the court that a fur ther disposition of the child is necessary. The department shall provide the court with infor mation concerning the participation and progress of the child in programs provided by the department. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law.",

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1393

in its entirety and substituting in lieu thereof the following:
"(5) Reserved."
Section 16. Said article is further amended by striking paragraphs (3) and (5) of subsec tion (a) of Code Section 49-5-8, relating to powers and duties of the Department of Human Resources, and substituting in lieu thereof new paragraphs (3) and (5), respectively, to read as follows:
"(3) Services to courts, upon their request, as follows:
(A) Accepting for casework services and care all children and youths whose legal cus tody is vested in the department by the court;
(B) Providing shelter or custodial care for children prior to examination and study or pending court hearing;
(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and
(D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39;"
"(5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions;".
Section 17. Said article is further amended by repealing Code Section 49-5-10, relating to the commitment of delinquent and unruly children to the department, in its entirety and substituting in lieu of said repealed Code section the following:
"49-5-10. Reserved."
Section 18. Said article is further amended by repealing Code Section 49-5-11, relating to the escape from a youth detention center, in its entirety and substituting in lieu of said repealed Code section the following:
"49-5-11. Reserved."
Section 19. This Act shall become effective on July 1, 1991.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, Senator McKenzie of the 14th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Echols Edge

Egan English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Kidd Land

Langford Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr

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Stumbaugh

Tysinger

Those voting in the negative were Senators:

Allgood Baldwin Coleman Johnson

McKenzie Perry Shumake Tate

Timmons Turner Walker

Those not voting were Senators:

Dean Fuller

Kennedy (presiding)

Taylor

On the adoption of the substitute, the yeas were 41, nays 11, and the substitute was adopted.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of SB 669 would be suspended and placed on the Senate General Calendar.

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 639. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Cummings of the 17th, Parrish of the 109th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Geor gia, so as to provide that certain faculty and principal administrators of the Uni versity System of Georgia may elect to decline or withdraw membership in the teachers retirement system and become members of a retirement plan estab lished by the Board of Regents of the University System of Georgia.

HB 1646. By Representative Royal of the 144th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that, in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum.

HB 1647. By Representatives Davis of the 45th, Campbell of the 23rd, Thomas of the 69th, Simpson of the 70th, Morton of the 47th and others:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to provide for a change in the date of sheriffs sales under certain circumstances.

TUESDAY, FEBRUARY 20, 1990

1395

The following bills of the House were read the first time and referred to committees:

HB 639. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Geor gia, so as to provide that certain faculty and principal administrators of the Uni versity System of Georgia may elect to decline or withdraw membership in the teachers retirement system and become members of a retirement plan estab lished by the Board of Regents of the University System of Georgia.
Referred to Committee on Retirement.

HB 1646. By Representative Royal of the 144th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that, in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum.
Referred to Committee on Banking and Finance.

HB 1647. By Representatives Davis of the 45th, Campbell of the 23rd, Thomas of the 69th and others:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to provide for a change in the date of sheriffs sales under certain circumstances.
Referred to Committee on Special Judiciary.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 716. By Senators Taylor of the 12th, Perry of the 7th, Collins of the 17th and English of the 21st:
A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, handling, and transportation of hazardous materials, so as to provide that certain aboveground storage tanks for diesel fuel shall not be prohibited.

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 Broun Burton Clay Coleman Collins Dawkins

Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis

Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead

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Parker Peevy Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh

Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Brannon

English Kennedy (presiding)

Scott of 2nd Taylor

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 1219. By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.

Senator Land of the 16th moved that the Senate insist upon the Senate substitute to HB 1219.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1219.

The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto:

HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emergency crops fund from which to pay interest on certain loans made to farmers.

The House amendment to the Senate amendment to HB 1105 was as follows:

Amend the Senate amendment to HB 1105 by inserting before line 1 the following:
"By striking the word 'and' where it appears in line 7 on page 2 and inserting in lieu thereof a comma.
By inserting in line 10 on page 2 immediately preceding the period and immediately following the word 'margins' the following:
', and to make available to consumers emerging crops grown in Georgia'."

Senator Echols of the 6th moved that the Senate disagree to the House amendment to the Senate amendment to HB 1105.

TUESDAY, FEBRUARY 20, 1990

1397

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to HB 1105.

The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 704. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Election Code," so as to make it unlawful for any election official during his term of office for himself or on behalf of any business or for any business in which such election official or member of his family has a substantial interest to transact any business with the county or any agency or authority thereof or with any municipality located wholly or partly within such county.

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 Bowen Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engrain 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

Voting in the negative was Senator Baldwin.

Those not voting were Senators:

Albert Brannon

Broun Clay

Kennedy (presiding) Taylor

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

SB 725. By Senator Parker of the 15th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that nursing homes shall notify residents, residents' representatives, residents' next of kin, and potential residents of the facility's violation of applicable rules

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and regulations and of related actions by the department; to provide for lists of nursing homes which have violated certain rules and regulations.
The Senate Human Resources Committee offered the following substitute to SB 725:
A BILL
To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that nursing homes shall notify residents, residents' representatives, residents' next of kin, and potential residents of the facility's violation of applicable rules and regulations and of related actions by the department; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended by striking in its entirety Code Section 31-7-2.1, relating to adoption of rules and regulations, and inserting in its place a new Code Section to read as follows:
"31-7-2.1. (a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients.
(b) The department shall compile and distribute to interested persons a monthly list of those nursing homes found by the department to be in violation of the department's rules and regulations and of any other applicable state and federal rules and regulations. The list shall include statements of actions taken by the department to cause the individual facilities to correct the violations."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Parker of the 15th offered the following amendment:
Amend the substitute to SB 725 offered by the Senate Committee on Human Resources adding after the semicolon on line 7 of page 1 the following:
"to provide for lists of nursing homes which have violated certain rules and regulations;".
By adding between lines 3 and 4 of page 2 the following:
"Section 2. Said chapter is further amended by adding at the end of subsection 31-7-3, relating to requirements for permits to operate institutions, a new subsection (d) to read as follows:
'(d) The department shall require a nursing home licensed under this article to give notice to all residents, residents' representatives, residents' next of kin, and prospective resi dents advising them of any violations by the facility which may result in an imminent threat to the lives, safety, health, or welfare of the residents of the facility or any violations of state or federal rules or regulations which may result in decertification or loss of licensure of the facility and of any related action taken by the department in regard to said violations. The notices shall include, but shall not be limited to, posted notices which shall remain in place until the department directs that they may be removed after the department has deter mined that compliance has been achieved.' "
By striking "Section 2" from line 4 of page 2 and inserting "Section 3" in its place.
On the adoption of the amendment, the yeas were 25, nays 10, and the amendment was adopted.

TUESDAY, FEBRUARY 20, 1990

1399

On the adoption of the substitute, Senator Parker of the 15th 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 Bowen Broun Burton C'*y CCoollleimnsan
Dawkins Deal
Echols Edge Egan
English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris 2oward JHouhgngsmons
Kidd Land
Langford McKenzie Newbill
Olmstead Parker

Peevy Perry Phillips Pollard Ragan of ioth Ragan of 32nd Ra Scott of 36th cSuhumak, e
btarr Stumbaugh
Tate Timmons Turner
Tysinger Walker

Those not voting were Senators:

Albert Brannon

Dean Kennedy (presiding)

Scott of 2nd Taylor

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted as amended.

Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of SB 725 would be suspended and placed on the Senate General Calendar.

The following bill of the House was taken up for the purpose of considering the House action thereon:

HB 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipali ties may enter into multi-year installment purchase contracts.

Senator Deal of the 49th moved that the Senate recede from the Senate amendment to HB 1207.

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

Deal Echols Edge Egan Engram

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Fincher Foster Fuller Garner
HHlaalmrllrsims i.l.l. Howard Huggins Johnson Kidd Land

Langford McKenzie Newbill Olmstead
P,,Peaerkvyer Pe"y Phillips Pollard Ragan of 10th Ragan of 32nd

Ray Scott of 2nd Scott of 36th Shumake
SS,,,ttuarmrb, augh, Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Brannon Dawkins

Dean English

Kennedy (presiding) Taylor

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1207.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 644. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to create a Waste Reduction Assistance Ser vice at an institution within the University System of Georgia; to provide for the functions, duties, and powers of the service; to provide for licenses and fees; to provide for severability and construction; to provide for related matters; to pro vide an effective date.

The following Memorandum, 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 W. W. Fincher, Jr., Chairman

Senate Committee on Higher Education

FROM:

G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget

DATE:

February 7, 1990

SUBJECT: Fiscal Note--Senate Bill 644 (LC 19 0422ER) Create Waste Reduction Assistance Service

This bill would create a Waste Reduction Assistance Service at an institution within the University System of Georgia. The service would provide Technical and Research Assistance Programs for toxics users in the state and would also provide a Research, Development and Demonstration Program that would administer grants to government and private organiza tions. The bill also mentions that the service would consult with a newly created Office of Pollution Prevention; however details on the other duties of this office are not identified. If

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enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval.
The cost to create a Waste Reduction Assistance Service would be approximately $566,000 based on expanding the existing Hazardous Waste Technical Assistance Program (HWTAP) at the Georgia Tech Research Institute from five to fifteen positions. The amount of grant funding would depend on the amount provided by the General Assembly; however HWTAP personnel estimated that a. maximum of $120,000 to $200,000 of grants could be processed in the first year. The cost associated with establishing the Office of Pol lution Prevention could not be determined since it would depend on the total duties as signed to the office through separate legislation such as (Senate Bill 643).

/s/ G. W. Hogan State Auditor

/s/ C. T. Stevens, Director, Office of Planning and Budget

The Senate Committee on Higher Education offered the following amendment:

Amend SB 644 by striking on line 3 of page 8 the word "weeks" and inserting in lieu thereof the word "months".
By deleting lines 10 through 13 on page 8.
By redesignating subsections (d) through (p) as subsections (c) through (o), respectively.

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Allgood Baldwin Barker Barnes Bowen
Broun Burton

Engram Fincher Foster Fuller Garner
Gillis Hammill

^

Sarri\

Co Dawkins Deal Dean Echols Edge Egan English

Johnson Kidd Land Langford McKenzie Newbill Olmstead

Parker Peevy Perry Phillips Ragan of I0th
Ragan of 32nd ^
Scott of 2nd
, Stumbaugh Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Brannon

Kennedy (presiding) Pollard

Shumake Taylor

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 as amended.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 438. By Senators Garner of the 30th, Dean of the 31st, Baldwin of the 29th and others:
A resolution expressing displeasure at consideration by the State Personnel Board of a plan to offer state employees a mail order prescription drug program.

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 Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Olmstead

Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barnes Brannon Egan

Kennedy (presiding) Langford Newbill Pollard

Shumake Stumbaugh Taylor

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 Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 514. By Senator Garner of the 45th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide for publica tion of the name of each person convicted of offenses involving drugs; to provide for definitions; to provide for the duties of the clerk; to provide for fees; to pro vide for publication costs; to provide an effective date.

Senator Dawkins of the 45th moved that SB 514 be postponed until Thursday, Febru ary 22.

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On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 514 was post poned until Thursday, February 22.
HB 887. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of "private carrier" certain mo tor vehicles engaged in the harvesting or transportation of forest products.
Senate Sponsor: Senator Scott of the 2nd.
The Senate Committee on Public Utilities offered the following substitute to HB 887:
A BILL
To be entitled an Act to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to change the provisions relative to certain definitions; to provide for the adoption and promulgation by the Public Service Commission of the Georgia Forest Products Trucking Rules; to provide for the motor vehicles to which such rules shall be applicable; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, is amended by striking in its entirety division (7)(C)(x) and inserting in lieu thereof a new division (7)(C)(x) to read as follows:
"(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehi cle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or his agents or employees between forest and mill or primary place of manufacturer provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufac tured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commission only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (11) of this Code section. Such rules and any amendments thereto adopted by the commission shall be subject to legislative re view in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate com mittees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commission shall be effective July 1, 1991;".
Section 2. Said Code section is further amended by striking subparagraph (A) of para graph (11) in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products; provided, however, that motor vehicles not for hire with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of

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unmanufactured forest products shall be subject only to the Georgia Forest Products Truck ing Rules provided for in division (7)(C)(x) of this Code section;".
Section 3. This Act shall become effective on January 1, 1991.
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:

Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Johnson 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 Timmons Turner Tysinger Walker

Those not voting were Senators:

Albert Barnes Brannon

Huggins Kennedy (presiding) Langford

Shumake 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.

HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
Senate Sponsor: Senator English of the 21st.

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:

Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English

Pincher Poster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Newbill Olmstead Parker Peevy

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker

Those voting in the negative were Senators:

Engram

Ray

Timmons

Those not voting were Senators:

Albert Barnes Brannon Dawkins

Garner Johnson Kennedy (presiding)

Langford McKenzie Taylor

On the passage of the bill, the yeas were 43, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1163. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 42-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally, meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws.
Senate Sponsor: Senator Garner of the 30th.

Senators Newbill of the 56th and Parker of the 15th offered the following amendment:

Amend HB 1163 by striking all beginning on line 15, page 2 after "Assembly." to Sec tion 2, page 3, line 1.

Senator Newbill of the 56th asked unanimous consent to withdraw the amendment of fered by Senators Newbill of the 56th and Parker of the 15th; the consent was granted, and the amendment was withdrawn.

Senator Newbill of the 56th offered the following amendment:

Amend HB 1163 by adding on line 21, page 2 after "relating to" the word "managerial".

On the adoption of the amendment, the yeas were 28, nays 3, and the amendment was adopted.

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Senator Garner of the 30th moved that the Senate reconsider its action in adopting the amendment offered by Senator Newbill of the 56th.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the amendment offered by Senator Newbill of the 56th was reconsidered.

Senator Newbill of the 56th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment 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:

Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram

Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker

Those not voting were Senators:

Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker

Albert Barnes Brannon

Kennedy (presiding) Langford

Shumake Taylor

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 do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

At 1:14 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.