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. 18 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. 20 JOURNAL OF THE SENATE 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 JOURNAL OF THE SENATE 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 36 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) MONDAY, JANUARY 8, 1990 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. 60 JOURNAL OF THE SENATE 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- MONDAY, JANUARY 8, 1990 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 62 JOURNAL OF THE SENATE 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. MONDAY, JANUARY 8, 1990 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. 64 JOURNAL OF THE SENATE The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following 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. TUESDAY, JANUARY 9, 1990 65 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, 66 JOURNAL OF THE SENATE 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- TUESDAY, JANUARY 9, 1990 67 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< ; ,1*59 132 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 134 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 136 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. 138 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 142 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 150 JOURNAL OF THE SENATE 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 FRIDAY, JANUARY 12, 1990 151 705. 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. 152 JOURNAL OF THE SENATE 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 FRIDAY, JANUARY 12, 1990 153 737. 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 154 JOURNAL OF THE SENATE 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 FRIDAY, JANUARY 12, 1990 155 768. 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 156 JOURNAL OF THE SENATE 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. FRIDAY, JANUARY 12, 1990 157 802. 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. 158 JOURNAL OF THE SENATE 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 MONDAY, JANUARY 22, 1990 159 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 160 JOURNAL OF THE SENATE 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. MONDAY, JANUARY 22, 1990 161 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. 162 JOURNAL OF THE SENATE 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). MONDAY, JANUARY 22, 1990 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. 164 JOURNAL OF THE SENATE 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. MONDAY, JANUARY 22, 1990 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). 166 JOURNAL OF THE SENATE 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. 168 JOURNAL OF THE SENATE 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 170 JOURNAL OF THE SENATE 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. 172 JOURNAL OF THE SENATE State of Georgia Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 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 174 JOURNAL OF THE SENATE 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 176 JOURNAL OF THE SENATE 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 MONDAY, JANUARY 22, 1990 177 887. 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 178 JOURNAL OF THE SENATE 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) MONDAY, JANUARY 22, 1990 179 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 180 JOURNAL OF THE SENATE 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- MONDAY, JANUARY 22, 1990 181 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; 182 JOURNAL OF THE SENATE (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; MONDAY, JANUARY 22, 1990 183 (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. 184 JOURNAL OF THE SENATE (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 MONDAY, JANUARY 22, 1990 185 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 186 JOURNAL OF THE SENATE 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 MONDAY, JANUARY 22, 1990 187 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 188 JOURNAL OF THE SENATE 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 MONDAY, JANUARY 22, 1990 189 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 190 JOURNAL OF THE SENATE (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. MONDAY, JANUARY 22, 1990 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 192 JOURNAL OF THE SENATE 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. MONDAY, JANUARY 22, 1990 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 194 JOURNAL OF THE SENATE 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 196 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 198 JOURNAL OF THE SENATE 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 200 JOURNAL OF THE SENATE 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 202 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: 204 JOURNAL OF THE SENATE 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. 206 JOURNAL OF THE SENATE 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. 208 JOURNAL OF THE SENATE 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. 210 JOURNAL OF THE SENATE 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 212 JOURNAL OF THE SENATE 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. 214 JOURNAL OF THE SENATE 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 216 JOURNAL OF THE SENATE 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 218 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 25tarr 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 476 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 WEDNESDAY, JANUARY 31, 1990 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. 478 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. 480 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. 482 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. 484 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 486 JOURNAL OF THE SENATE 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- WEDNESDAY, JANUARY 31, 1990 487 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 488 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 31, 1990 489 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. 490 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 31, 1990 491 (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. 492 JOURNAL OF THE SENATE 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 WEDNESDAY, JANUARY 31, 1990 493 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. 494 JOURNAL OF THE SENATE 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 WEDNESDAY, JANUARY 31, 1990 495 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 496 JOURNAL OF THE SENATE 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- WEDNESDAY, JANUARY 31, 1990 497 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. 498 JOURNAL OF THE SENATE (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. WEDNESDAY, JANUARY 31, 1990 499 (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 500 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 31, 1990 501 (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 502 JOURNAL OF THE SENATE 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 WEDNESDAY, JANUARY 31, 1990 503 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. 504 JOURNAL OF THE SENATE (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. WEDNESDAY, JANUARY 31, 1990 505 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 506 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 31, 1990 507 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, 508 JOURNAL OF THE SENATE 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 WEDNESDAY, JANUARY 31, 1990 509 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 510 JOURNAL OF THE SENATE 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- WEDNESDAY, JANUARY 31, 1990 511 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- 512 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 31, 1990 513 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 514 JOURNAL OF THE SENATE 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 WEDNESDAY, JANUARY 31, 1990 515 (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 516 JOURNAL OF THE SENATE 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 WEDNESDAY, JANUARY 31, 1990 517 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 518 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 31, 1990 519 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 520 JOURNAL OF THE SENATE 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- WEDNESDAY, JANUARY 31, 1990 521 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- 522 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 31, 1990 523 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. 524 JOURNAL OF THE SENATE 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. WEDNESDAY, JANUARY 31, 1990 525 (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 526 JOURNAL OF THE SENATE 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 12lrruaornutionnnon 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 652 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. 654 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. 656 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 658 JOURNAL OF THE SENATE 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: 660 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 662 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. 666 JOURNAL OF THE SENATE 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. 668 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. 670 JOURNAL OF THE SENATE 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. MONDAY, FEBRUARY 5, 1990 671 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. 672 JOURNAL OF THE SENATE 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. MONDAY, FEBRUARY 5, 1990 673 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. 674 JOURNAL OF THE SENATE 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. MONDAY, FEBRUARY 5, 1990 675 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 676 JOURNAL OF THE SENATE 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. MONDAY, FEBRUARY 5, 1990 677 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 678 JOURNAL OF THE SENATE 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 680 JOURNAL OF THE SENATE 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 MONDAY, FEBRUARY 5, 1990 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. 682 JOURNAL OF THE SENATE 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 MONDAY, FEBRUARY 5, 1990 683 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 684 JOURNAL OF THE SENATE 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 686 JOURNAL OF THE SENATE 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) 688 JOURNAL OF THE SENATE 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% 690 JOURNAL OF THE SENATE (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 692 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 696 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 MONDAY, FEBRUARY 5, 1990 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 698 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." 710 JOURNAL OF THE SENATE 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 712 JOURNAL OF THE SENATE 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 714 JOURNAL OF THE SENATE 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. 716 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker 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 718 JOURNAL OF THE SENATE 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. 720 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" 722 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 726 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. 728 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 730 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. 732 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. 736 JOURNAL OF THE SENATE 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. 738 JOURNAL OF THE SENATE 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 740 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 742 JOURNAL OF THE SENATE 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 744 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 746 JOURNAL OF THE SENATE 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". 748 JOURNAL OF THE SENATE 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- 750 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. 752 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. 758 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. 766 JOURNAL OF THE SENATE 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 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 1032 JOURNAL OF THE SENATE 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 1034 JOURNAL OF THE SENATE 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 1036 JOURNAL OF THE SENATE 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. 1038 JOURNAL OF THE SENATE 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 1040 JOURNAL OF THE SENATE 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. 1042 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin 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. 1044 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 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 1084 JOURNAL OF THE SENATE 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 1086 JOURNAL OF THE SENATE 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 1088 JOURNAL OF THE SENATE 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 1090 JOURNAL OF THE SENATE 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 1094 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 1096 JOURNAL OF THE SENATE 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 1098 JOURNAL OF THE SENATE 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 1100 JOURNAL OF THE SENATE 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. 1102 JOURNAL OF THE SENATE 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 1104 JOURNAL OF THE SENATE 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. 1106 JOURNAL OF THE SENATE 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 1122 JOURNAL OF THE SENATE 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 TUESDAY, FEBRUARY 13, 1990 1123 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 1124 JOURNAL OF THE SENATE 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 TUESDAY, FEBRUARY 13, 1990 1125 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) 1126 JOURNAL OF THE SENATE 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 TUESDAY, FEBRUARY 13, 1990 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. 1128 JOURNAL OF THE SENATE 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, TUESDAY, FEBRUARY 13, 1990 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. 1130 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: 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 TUESDAY, FEBRUARY 13, 1990 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 1132 JOURNAL OF THE SENATE 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, TUESDAY, FEBRUARY 13, 1990 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. 1134 JOURNAL OF THE SENATE 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 1136 JOURNAL OF THE SENATE 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 1138 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 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. 1140 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: 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. 1142 JOURNAL OF THE SENATE 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- 1146 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 1148 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 1150 JOURNAL OF THE SENATE 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. 1152 JOURNAL OF THE SENATE 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- 1154 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.) 1156 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 1158 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. 1160 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 1162 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- 1164 JOURNAL OF THE SENATE 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. 1166 JOURNAL OF THE SENATE 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 WEDNESDAY, FEBRUARY 14, 1990 1167 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 1168 JOURNAL OF THE SENATE 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 WEDNESDAY, FEBRUARY 14, 1990 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. 1170 JOURNAL OF THE SENATE 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, WEDNESDAY, FEBRUARY 14, 1990 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. 1172 JOURNAL OF THE SENATE 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 1173 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 1174 JOURNAL OF THE SENATE 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. 1176 JOURNAL OF THE SENATE 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 1178 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. 1180 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. 1182 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. THURSDAY, FEBRUARY 15, 1990 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. 1184 JOURNAL OF THE SENATE 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. 1186 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, 1188 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 15, 1990 1189 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. 1190 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 15, 1990 1191 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. 1192 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 15, 1990 1193 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, 1194 JOURNAL OF THE SENATE 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 THURSDAY, FEBRUARY 15, 1990 1195 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 1196 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 15, 1990 1197 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 1198 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 15, 1990 1199 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 1200 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 15, 1990 1201 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- 1202 JOURNAL OF THE SENATE 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 THURSDAY, FEBRUARY 15, 1990 1203 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: 1204 JOURNAL OF THE SENATE 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) 1206 JOURNAL OF THE SENATE 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 1208 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 1210 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 1212 JOURNAL OF THE SENATE (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 1214 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 1216 JOURNAL OF THE SENATE 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 1217 (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 1218 JOURNAL OF THE SENATE 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 THURSDAY, FEBRUARY 15, 1990 1219 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 1220 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 THURSDAY, FEBRUARY 15, 1990 1221 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. 1222 JOURNAL OF THE SENATE 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. 1224 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 1226 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; 1228 JOURNAL OF THE SENATE (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 1229 (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. 1230 JOURNAL OF THE SENATE (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. THURSDAY, FEBRUARY 15, 1990 1231 (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; 1232 JOURNAL OF THE SENATE (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- 1234 JOURNAL OF THE SENATE 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 1236 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 1238 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 1240 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. 1242 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 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. THURSDAY, FEBRUARY 15, 1990 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. 1244 JOURNAL OF THE SENATE 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 1246 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 THURSDAY, FEBRUARY 15, 1990 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- 1248 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 15, 1990 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 1250 JOURNAL OF THE SENATE 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 THURSDAY, FEBRUARY 15, 1990 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 1252 JOURNAL OF THE SENATE 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. 1254 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 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. 1256 JOURNAL OF THE SENATE 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) THURSDAY, FEBRUARY 15, 1990 1257 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. 1258 JOURNAL OF THE SENATE 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. THURSDAY, FEBRUARY 15, 1990 1259 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 1260 JOURNAL OF THE SENATE 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. MONDAY, FEBRUARY 19, 1990 1261 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. 1262 JOURNAL OF THE SENATE 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. MONDAY, FEBRUARY 19, 1990 1263 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. 1264 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. 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. 1266 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. MONDAY, FEBRUARY 19, 1990 1267 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. 1268 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 1270 JOURNAL OF THE SENATE 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 1272 JOURNAL OF THE SENATE 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. 1274 JOURNAL OF THE SENATE 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- 1276 JOURNAL OF THE SENATE 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, 1278 JOURNAL OF THE SENATE 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 1280 JOURNAL OF THE SENATE 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 1282 JOURNAL OF THE SENATE 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 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 1370 JOURNAL OF THE SENATE 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 1372 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. 1374 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." 1376 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 1378 JOURNAL OF THE SENATE 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.' " TUESDAY, FEBRUARY 20, 1990 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". 1380 JOURNAL OF THE SENATE 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 1382 JOURNAL OF THE SENATE 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 TUESDAY, FEBRUARY 20, 1990 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 1384 JOURNAL OF THE SENATE 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." TUESDAY, FEBRUARY 20, 1990 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. 1386 JOURNAL OF THE SENATE 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- TUESDAY, FEBRUARY 20, 1990 1387 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 1388 JOURNAL OF THE SENATE 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 TUESDAY, FEBRUARY 20, 1990 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 1390 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 20, 1990 1391 (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- 1392 JOURNAL OF THE SENATE 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.", TUESDAY, FEBRUARY 20, 1990 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 1394 JOURNAL OF THE SENATE 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 1396 JOURNAL OF THE SENATE 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 1398 JOURNAL OF THE SENATE 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 1400 JOURNAL OF THE SENATE 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 TUESDAY, FEBRUARY 20, 1990 1401 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. 1402 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 20, 1990 1403 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 1404 JOURNAL OF THE SENATE 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. TUESDAY, FEBRUARY 20, 1990 1405 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. 1406 JOURNAL OF THE SENATE 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.