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 II 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 WEDNESDAY, FEBRUARY 21, 1990 1407 Senate Chamber, Atlanta, Georgia Wednesday, February 21, 1990 Thirty-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 1113. By Representative Colwell of the 4th: A bill to amend an Act creating the office of commissioner of Union County, so as to change the provisions relating to the compensation of the commissioner. HB 1871. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of said city. HB 1882. By Representative Heard of the 43rd: A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner of Fayette County. HB 1883. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff. HB 1884. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County. HB 1885. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the Probate Court of Fayette County. HB 1886. By Representative Crosby of the 150th: A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman; to change the limits within which the board may fix the salaries of members of the board. 1408 JOURNAL OF THE SENATE HB 1887. By Representative Crosby of the 150th: A bill to amend an Act creating the office of commissioner of road and revenues in the County of Atkinson, so as to change the compensation of the chairman and members of the board of commissioners. HB 1891. By Representative Breedlove of the 60th: A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city. HB 1892. By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and Cheeks of the 89th: A bill to amend an Act relating to the Civil Court of Richmond County, so as to change the maximum civil jurisdictional amount of the court. HB 1897. By Representative Smith of the 78th: A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lamar County. HB 1898. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Good Hope. HB 1901. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to change the provisions relating to the expense allowance of the chairman and other members of the board of commissioners. HB 1902. By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Howren of the 20th, Ehrhart of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain titles; to provide for a definition; to delete certain obsolete provisions. HB 1903. By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Howren of the 20th, Ehrhart of the 20th and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city. HB 1905. By Representative Stancil of the 66th: A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the compensation and expenses of the chairman, vice-chairman, and members of the board. HB 1907. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd: A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of Whitfield County, so as to prohibit certain actions by the members of said board, the comptroller, and the county engineer. HB 1908. By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st, Wilder of the 21st, Aiken of the 21st and others: A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city. WEDNESDAY, FEBRUARY 21, 1990 1409 HB 1909. By Representatives Isakson of the 21st, Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Wilder of the 21st and others: A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city. HB 1910. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd: A bill to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof. HB 1654. By Representative Reaves of the 147th: A bill to amend Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, so as to change the penalty for mislabeling products. HB 1612. By Representatives Godbee of the 110th, Coleman of the 118th and Royal of the 144th: A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax. HB 1624. By Representatives Oliver of the 53rd, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th: A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in longterm care facilities, so as to change the provisions relating to immunity from liability. HB 1605. By Representatives Stephens of the 68th, Buford of the 103rd and Pettit of the 19th: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to provide that in cases of an unknown person operating a motor vehicle, physical contact shall not be required where a named defendant contends or testifies that such unknown person caused or contributed to the cause of the occurrence or in any case where there is a witness to the occurrence other than the claimant who testifies that such unknown person causes the occurrence. HB 1610. By Representatives Walker of the 85th, Smyre of the 92nd, Padgett of the 86th, Holmes of the 28th and Brown of the 88th: A bill to amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, so as to provide that the minimum amount of capital with which a corporation shall commence business shall not be less that $50,000.00. HB 1630. By Representatives Holland of the 136th, Poston of the 2nd, Fennel of the 155th, Baker of the 51st, Irwin of the 13th and others: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change a certain definition. 1410 JOURNAL OF THE SENATE HB 1516. By Representative Mangum of the 57th: 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 repeal Code Section 202-63, relating to failure to arrange for operation of schools. HB 1517. By Representative Mangum of the 57th: 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 repeal Article 13 thereof, relating to suspending and reopening local school systems. HB 1518. By Representative Mangum of the 57th: 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 add a new Article 20, to be known as the "Education Partnership Act of 1990"; to provide for a short title and findings; to encourage certain partnerships with schools and school systems; to provide for work-release time; to provide for grants, regulations, and partnership plans; to provide for funding. HB 1568. By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th, Holcomb of the 72nd, Parrish of the 109th and others: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the definition of a used car dealer. HB 1571. By Representatives Barfoot of the 120th, Lane of the lllth, Reaves of the 147th, Oliver of the 121st, Moody of the 153rd and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Vidalia Sweet Onion as the official vegetable of this state. HB 1906. By Representatives Murphy of the 18th, Chambless of the 133rd, Lee of the 72nd, Walker of the 115th and Connell of the 87th: A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to provide for mandatory drug testing for persons seeking to qualify for nomination or election to certain state offices. HB 1530. By Representatives Dover of the llth, Twiggs of the 4th, Colwell of the 4th and Jamieson of the llth: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that first responder volunteer firefighters providing emergency medical services may be covered employees. HB 1581. By Representatives Foster of the 6th and Griffin of the 6th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that the sheriff of any county, regardless of population, may deposit cash bonds and cash reserves of professional bondsmen in interest-bearing accounts in one or more financial institutions designated as county depositories. HB 1553. By Representatives Jenkins of the 80th and Birdsong of the 104th: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain WEDNESDAY, FEBRUARY 21, 1990 1411 conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws. HB 1314. 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 make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991. SB 646. By Senator Johnson of the 47th: A bill to amend an Act creating a new charter for the City of Hartwell, as amended, so as to change certain provisions relating to the expiration of a certain term of municipal office; to provide for the authority for this Act. SB 523. By Senator Johnson of the 47th: A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with reference to personal insurance, so as to authorize certain privately owned corporations and trusts providing benefits to employees to effectuate insurance upon their employees without obtaining consent; to provide for an effective date. The House has adopted by the requisite constitutional majority the following resolutions of the House: HR 847. By Representative Connell of the 87th: A resolution to amend a resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, so as to restate the authorized purposes of such estate for years or usufruct. HR 731. By Representatives Snow of the 1st and McCoy of the 1st: A resolution designating the "Desmond T. Doss Medal of Honor Highway". The House insists on its position in amending the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the 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 Speaker has appointed on the part of the House, Representatives Smith of the 152nd, Johnson of the 123rd and Ray of the 98th. The House has agreed to the Senate amendment as amended by the House to the following bill of the House: HB 1329. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance of the members of the board. 1412 JOURNAL OF THE SENATE The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 752. By Senator Fincher of the 54th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs. SB 753. By Senator Shumake of the 39th: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to require all residential pest control and lawn care services to register with the local department of health of the county in which such services are offered. Referred to Committee on Governmental Operations. SB 754. By Senator Gillis of the 20th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for the collection and disposal of sewage from flush toilets used at construction sites and special events; to provide for a short title; to provide a statement of purpose. Referred to Committee on Natural Resources. SR 464. By Senators Kennedy of the 4th, Ragan of the 10th, Ray of the 19th and others: A resolution urging the United States Congress to take all necessary and appropriate action to oppose any attempt to reduce the federal support loan rate for the 1991 peanut crop. Referred to Committee on Agriculture. SR 466. By Senators Clay of the 37th and Brannon of the 51st: A resolution authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date. Referred to Committee on Public Utilities. SR 470. By Senators Echols of the 6th, Gillis of the 20th, Ray of the 19th and Turner of the 8th: A resolution urging the Senate and House Committees on Appropriations to appropriate adequate funding to continue the maintenance programs of the state park systems. Referred to Committee on Natural Resources. SR 471. By Senators Scott of the 36th, Albert of the 23rd, Broun of the 46th and others: A resolution creating the Senate Alcoholic Beverage Consumption and Advertisement Study Committee. Referred to Committee on Consumer Affairs. WEDNESDAY, FEBRUARY 21, 1990 1413 The following bills and resolutions of the House were read the first time and referred to committees: HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991. Referred to Committee on Appropriations. HB 1516. By Representative Mangum of the 57th: 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 repeal Code Section 202-63, relating to failure to arrange for operation of schools. Referred to Committee on Education. HB 1517. By Representative Mangum of the 57th: 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 repeal Article 13 thereof, relating to suspending and reopening local school systems. Referred to Committee on Education. HB 1518. By Representative Mangum of the 57th: 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 add a new Article 20, to be known as the "Education Partnership Act of 1990"; to provide for a short title and findings; to encourage certain partnerships with schools and school systems; to provide for work-release time; to provide for grants, regulations, and partnership plans; to provide for funding. Referred to Committee on Education. HB 1530. By Representatives Dover of the llth, Twiggs of the 4th, Colwell of the 4th and Jamieson of the llth: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that first responder volunteer firefighters providing emergency medical services may be covered employees. Referred to Committee on Industry and Labor. HB 1553. By Representatives Jenkins of the 80th and Birdsong of the 104th: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws. Referred to Committee on Governmental Operations. HB 1568. By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th and others: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to ohange the definition of a used car dealer. Referred to Committee on Public Utilities. 1414 JOURNAL OF THE SENATE HB 1571. By Representatives Barfoot of the 120th, Lane of the lllth, Reaves of the 147th and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Vidalia Sweet Onion as the official vegetable of this state. Referred to Committee on Agriculture. HB 1581. By Representatives Foster of the 6th and Griffin of the 6th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that the sheriff of any county, regardless of population, may deposit cash bonds and cash reserves of professional bondsmen in interest-bearing accounts in one or more financial institutions designated as county depositories. Referred to Committee on Public Safety. HB 1605. By Representatives Stephens of the 68th, Buford of the 103rd and Pettit of the 19th: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to provide that in cases of an unknown person operating a motor vehicle, physical contact shall not be required where a named defendant contends or testifies that such unknown person caused or contributed to the cause of the occurrence or in any case where there is a witness to the occurrence other than the claimant who testifies that such unknown person causes the occurrence. Referred to Committee on Judiciary. HB 1610. By Representatives Walker of the 85th, Smyre of the 92nd, Padgett of the 86th and others: A bill to amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, so as to provide that the minimum amount of capital with which a corporation shall commence business shall not be less that $50,000.00. Referred to Committee on Governmental Operations. HB 1612. By Representatives Godbee of the 110th, Coleman of the 118th and Royal of the 144th: A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax. Referred to Committee on Banking and Finance. HB 1624. By Representatives Oliver of the 53rd, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th: A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in longterm care facilities, so as to change the provisions relating to immunity from liability. Referred to Committee on Judiciary. WEDNESDAY, FEBRUARY 21, 1990 1415 HB 1630. By Representatives Holland of the 136th, Poston of the 2nd, Fennel of the 155th and others: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change a certain definition. Referred to Committee on Public Safety. HB 1654. By Representative Reaves of the 147th: A bill to amend Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, so as to change the penalty for mislabeling products. Referred to Committee on Agriculture. HB 1906. By Representatives Murphy of the 18th, Chambless of the 133rd, Lee of the 72nd and others: A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to provide for mandatory drug testing for persons seeking to qualify for nomination or election to certain state offices. Referred to Committee on Judiciary. HR 731. By Representatives Snow of the 1st and McCoy of the 1st: A resolution designating the "Desmond T. Doss Medal of Honor Highway". Referred to Committee on Transportation. HR 847. By Representative Connell of the 87th: A resolution to amend a resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, so as to restate the authorized purposes of such estate for years or usufruct. Referred to Committee on Public Utilities. HB 1113. By Representative Colwell of the 4th: A bill to amend an Act creating the office of commissioner of Union County, so as to change the provisions relating to the compensation of the commissioner. Referred to Committee on Urban and County Affairs. HB 1871. By Representative Powell of the 145th: A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs. HB 1882. By Representative Heard of the 43rd: A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner of Fayette County. Referred to Committee on Urban and County Affairs. 1416 JOURNAL OF THE SENATE HB 1883. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff. Referred to Committee on Urban and County Affairs. HB 1884. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County. Referred to Committee on Urban and County Affairs. HB 1885. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the Probate Court of Fayette County. Referred to Committee on Urban and County Affairs. HB 1886. By Representative Crosby of the 150th: A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman; to change the limits within which the board may fix the salaries of members of the board. Referred to Committee on Urban and County Affairs. HB 1887. By Representative Crosby of the 150th: A bill to amend an Act creating the office of commissioner of road and revenues in the County of Atkinson, so as to change the compensation of the chairman and members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1891. By Representative Breedlove of the 60th: A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 1892. By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th and others: A bill to amend an Act relating to the Civil Court of Richmond County, so as to change the maximum civil jurisdictional amount of the court. Referred to Committee on Urban and County Affairs. HB 1897. By Representative Smith of the 78th: A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lamar County. Referred to Committee on Urban and County Affairs. HB 1898. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Good Hope. Referred to Committee on Urban and County Affairs. WEDNESDAY, FEBRUARY 21, 1990 1417 HB 1901. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to change the provisions relating to the expense allowance of the chairman and other members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1902. By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain titles; to provide for a definition; to delete certain obsolete provisions. Referred to Committee on Urban and County Affairs. HB 1903. By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 1905. By Representative Stancil of the 66th: A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the compensation and expenses of the chairman, vice-chairman, and members of the board. Referred to Committee on Urban and County Affairs. HB 1907. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd: A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of Whitfield County, so as to prohibit certain actions by the members of said board, the comptroller, and the county engineer. Referred to Committee on Urban and County Affairs. HB 1908. By Representatives Isakson of 21st, Clark of the 20th, Gresham of the 21st and others: A bill to amend an Act reincorportating the City of Marietta, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 1909. By Representatives Isakson of the 21st, Aiken of the 21st, Atkins of the 21st and others: A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 1910. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd: A bill to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof. Referred to Committee on Urban and County Affairs. 1418 JOURNAL OF THE SENATE 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 442. Do pass by substitute. HB 1208. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Banking and Finance has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 746. Do pass. HB 1493. Do pass. HB 1299. Do pass. HB 1548. Do pass. HB 1492. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Education has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 455. Do pass. HB 1261. Do pass. SR 457. Do pass. HB 1441. Do pass by substitute. HB 677. Do pass. HB 1499. Do pass by substitute. HB 704. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Govermental 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 751. Do pass. HB 1312. Do pass as amended. HB 1408. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Insurance has had under consideration the following bill of the Sen- WEDNESDAY, FEBRUARY 21, 1990 1419 ate and has instructed me to report the same back to the Senate with the following recommendation: SB 750. Do pass as amended. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 599. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 682. Do pass. HB 1498. Do pass. HB 222. Do pass. HB 1597. Do pass. HB 1446. Do pass. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 452. Do pass. HB 1629. Do pass by substitute. SB 741. Do pass. HB 1249. Do pass. HR 778. Do pass. HB 1373. Do pass. HB 1372. Do pass. HB 1412. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Utilities has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 707. Do pass. HR 729. Do pass. SR 427. Do pass by substitute. HR 764. Do pass. SR 443. Do pass by substitute. Respectfully submitted, Senator Scott of the 2nd District, Chairman 1420 JOURNAL OF THE SENATE Mr. President: The Committee on Retirement 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 1088. Do pass as amended. Respectfully submitted, Senator Timmons of the llth District, Chairman 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 following recommendation: SR 461. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 735. HB 1708. HB 1846. Do pass as amended. 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 bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 645. Do pass by substitute. HB 1824. Do pass. SB 731. Do pass. HB 1825. Do pass. SB 742. Do pass. HB 1828. Do pass. SB 743. Do pass. HB 1830. Do pass. SB 744. Do pass. HB 1831. Do pass. HB 1239. Do pass by substitute. HB 1832. Do pass. HB 1666. Do pass. HB 1836. Do pass. HB 1717. Do pass. HB 1840. Do pass. HB 1786. Do pass. HB 1841. Do pass. HB 1822. Do pass. HB 1844. Do pass. HB 1823. Do pass. HB 1849. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman WEDNESDAY, FEBRUARY 21, 1990 1421 The following bills and resolution of the Senate and House were read the second time: SB 307. By Senator Howard of the 42nd: A bill to amend Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage for ambulances, so as to provide for the inapplicability to ambulances and first responders operated by political subdivisions of the state. SB 509. By Senator Howard of the 42nd: A bill to amend Code Section 15-11-81 of the Official Code of Georgia Annotated, relating to grounds for the termination of parental rights, so as to provide that the court, in determining whether a child is without proper parental care and control, shall consider evidence of past egregious conduct of the parent toward the child or toward another child and evidence of past physical, mental, or emotional neglect of the child or of another child by the parent. 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 conditions, practices, procedures, and requirements connected with such testing. SB 618. By Senator Albert of the 23rd: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor. SB 642. By Senator Starr of the 44th: A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, so as to provide that driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be a felony. SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms. SB 670. By Senator Allgood of the 22nd: A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Food Act," so as to provide for the applicability of such article and its regulatory and inspection requirements to vending machines which dispense beverages. SB 693. By Senator Harris of the 27th: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to change the provisions 1422 JOURNAL OF THE SENATE relating to the maintenance of securities deposits; to change the provisions relating to the maintenance of loss reserves. SB 709. By Senators Taylor of the 12th, Baldwin of the 29th, Land of the 16th and Clay of the 37th: A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide that the annual report of the Commissioner shall include information regarding actions taken by the department on personal lines property and casualty insurance rate filings. SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th: A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings protected by approved automatic sprinkler systems. 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. HB 671. By Representative Morton of the 47th: A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia. HB 1114. By Representative Clark of the 13th: A bill to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly; to provide an option for retired members who return to service in the General Assembly to return to active membership in the retirement system. HB 1185. 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 drivers' licenses, so as to provide for the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug ofTense. 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 similiar programs for certain nonprofit agencies and their employees. WEDNESDAY, FEBRUARY 21, 1990 1423 HB 1336. By Representatives Tolbert of the 58th, Redding of the 50th, Ehrhart of the 20th and others: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization. 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 substances and dangerous drugs. HB 1415. By Representatives Parrish of the 109th, Cummings of the 17th, Baker of the 51st and Clark of the 13th: A bill to amend Code Section 47-20-36 of the Official Code of Georgia Annotated, relating to reports of actuarial investigations on retirement bills having a fiscal impact, so as to change the date for the completion of such actuarial investigations. HB 1423. By Representative Thomas of the 31st: A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing. HB 1433. By Representative Childers of the 15th: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the provisions relating to the termination of the State Board of Hearing Aid Dealers and Dispensers and the repeal of the laws relating thereto. HB 1434. By Representative Childers of the 15th: A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to change the provisions relating to definitions. HB 1457. By Representatives Martin of the 26th and Richardson of the 52nd: A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change substantially the conditions under which the department may grant variances and waivers to rules and regulations establishing standards for certain facilities; to provide that such variances may be granted if strict compliance would cause hardship. 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. 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 1424 JOURNAL OF THE SENATE entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers. HB 1563. By Representatives Connell of the 87th, Richardson of the 52nd, Athon of the 57th and others: A bill to amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses. HB 1635. By Representative Parrish of the 109th: A bill to amend Code Section 47-10-100 of the Official Code of Georgia Annotated, relating to retirement age and benefits under the "Trial Judges and Solicitors Retirement Fund Act," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith. HB 1639. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Employees Benefit System to the Georgia Municipal Employees Benefit System. 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 contributions to the trust fund and the conditions thereof. 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. 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 Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh WEDNESDAY, FEBRUARY 21, 1990 1425 Tate Taylor Timmons Turner Tysinger Walker Those not answering were Senators: Engram Fuller Garner Kidd Shumake Senator Olmstead of the 26th introduced the chaplain of the day, Reverend Stephen N. Johnson, pastor of the Mabel White Baptist Church, Macon, Georgia, who offered scripture reading and prayer. 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 21, 1990 THIRTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) *SB 645 Peevy, 48th Deal, 49th Gwinnett and Hall Counties City of Buford Provides a homestead exemption from City of Buford ad valorem taxes in the amount of $30,000.00 of the assessed value of the homestead for residents of the City of Buford who are 65 years of age or older or who are disabled and whose income does not exceed $25,000.00. (SUBSTITUTE) SB 731 Kidd, 25th Ocmulgee Judicial Circuit Provides for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit. SB 742 Ragan, 32nd Barnes, 33rd Newbill, 56th Clay, 37th Cobb County Changes the provisions relating to the supplement to be paid to each of the judges of the superior court of the Cobb Judicial Circuit. SB 743 Ragan, 32nd Barnes, 33rd Newbill, 56th Clay, 37th Cobb County Changes the compensation of the judge and the clerk of the probate court of Cobb County. SB 744 Ragan, 32nd Barnes, 33rd 1426 JOURNAL OF THE SENATE Newbill, 56th Clay, 37th Cobb County Changes the compensation of the judges of the State Court of Cobb County. *HB 1239 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County Changes the provisions relating to senior judges of the recorder's court; provides for the compensation of senior judges. (SUBSTITUTE) HB 1666 Barker, 18th Houston County City of Centerville Changes the corporate limits of Centerville. HB 1717 Kidd, 25th Morgan County Changes the compensation of the tax commissioner of Morgan County. HB 1786 Huggins, 53rd Fincher, 54th Catoosa County Changes the provisions relating to selection of the members of the board of utilities commissioners and their terms of office. HB 1822 Perry, 7th City of Nashville Berrien County Changes the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen of the City of Nashville. HB 1823 Perry, 7th Town of Alapaha Berrien County Changes the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen of the Town of Alapaha. HB 1824 Perry, 7th Berrien County City of Ray City Changes the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen of the City of Ray City. HB 1825 Perry, 7th Berrien County Town of Enigma Changes the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen of the City of Enigma. WEDNESDAY, FEBRUARY 21, 1990 1427 HB 1828 Hammill, 3rd Liberty County Authorizes the governing authority of Liberty County to implement and to exercise the powers relating to requiring telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems. HB 1830 Dean, 31st Haralson County City of Tallapoosa Changes provisions relating to regular meetings of the Mayor and Council; changes provisions relating to the city attorney. HB 1831 Collins, 17th Butts County Provides that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse. These costs shall apply to certain cases in the Probate Court of Butts County. HB 1832 Collins, 17th Butts County Changes certain provisions relating to the supplemental salary of the chief magistrate of the Magistrate Court of Butts County. HB 1836 Dawkins, 45th Newton County Changes the provisons relating to the salary and expense allowance of members of the Board of Commissioners of Newton County. HB 1840 Gillis, 20th Laurens County City of Dublin Changes the corporate limits of the city of Dublin. HB 1841 Baldwin, 29th Heard County Changes the amount of compensation of the sheriff of Heard County. HB 1844 English, 21st Burke County Changes the compensation of the chairman and other members of the Board of Commissioners of Burke County. HB 1849 Olmstead, 26th Harris, 27th Barker, 18th Bibb County City of Macon Provides that 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. The substitutes to the following bills were put upon their adoption: 1428 JOURNAL OF THE SENATE *SB 645: The Senate Committee on Urban and County Affairs offered the following substitute to SB 645: A BILL To be entitled an Act to provide a homestead exemption from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for residents of the City of Buford who are 65 years of age or over or who are disabled and whose income does not exceed $25,000.00; to provide for an exception with respect to land in excess of one acre; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Each resident of the City of Buford who is 65 years of age or over or who is disabled and who meets the requirements of subsection (b) of this section is granted an exemption on that person's homestead from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of that resident's homestead, as denned and qualified in Code Section 48-5-40 of the O.C.G.A., except that land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act. (b) The exemption provided by this Act shall not be granted unless the resident's net income, together with the net income of that resident's spouse who also occupies and resides at such homestead, as net income as defined by Georgia law, from all sources, except as otherwise provided in this section, does not exceed $25,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act; and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. (c) In order to qualify for the exemption granted to disabled persons provided for in this Act, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, certifying that in the opinion of such physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Section 2. The governing authority of the City of Buford or its designee shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application a certificate, if such owner is disabled, and an affidavit by the owner as to the age and income of the owner, the income of the owner's spouse who occupies and resides at the homestead, and such other information as may be necessary to determine the eligibility of the owner for the exemption. Section 3. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Section 4. After any such owner has filed the proper affidavit and, if disabled, the proper certificate, as provided in this Act, and has been allowed the exemption provided in this Act, it shall not be necessary that he make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the City of Buford who has claimed the homestead exemption provided for in this Act to notify the governing authority of the City of Buford or WEDNESDAY, FEBRUARY 21, 1990 1429 its designee in the event he becomes ineligible for any reason to receive such homestead exemption. Section 5. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from City of Buford ad valorem taxes. Section 6. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1990. Section 7. The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, county school district taxes for educational purposes, or state taxes. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Buford shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Buford for approval or rejection. The election superintendent shall conduct that election on or before August 1, 1990, and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of that election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: "[ ] YES [ ] NO Shall the Act be approved which provides a homestead exemption from all City of Buford ad valorem taxes for any city purposes in the amount of $30,000.00 of the assessed value of a resident's homestead for residents of the City of Buford who are 65 years of age or over, or who are disabled, and whose income does not exceed $25,000.00?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 of this Act shall become of full force and effect immediately. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Buford. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. *HB 1239: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1239: A BILL To be entitled an Act to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges; to provide a limitation on compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. 1430 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) A judge who has served for a minimum of 15 years as a full-time judge of the recorder's court may, upon completion of the fifteenth year of service, if he or she so elects, become a senior judge of the recorder's court. A senior judge shall be ex officio a judge of the Recorder's Court of Chatham County and shall serve at the request of the judges of the recorder's court. Except as otherwise provided in subsection (b) of this section, a senior judge of the recorder's court shall be governed by the same rules as a senior judge of the superior courts, with the exception that he or she may, if desired, engage in the practice of law, if otherwise qualified. (b) So long as he serves as a senior judge, said senior judge shall receive a per diem for his services as senior judge in the amount of $165.00 for each day's service as senior judge up to a maximum of $35,000.00 per annum. This subsection is not intended to limit the number of days which the senior judge may serve as a senior judge but is intended to limit the compensation for such services." Section 2. This Act shall become effective January 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Bowen *TMnnon Broun Burton Collins Dawkins Deal Dean Echols Edge English Fincher Foster Fuller garner Gilhs Hammill Harris Howard Huggins Kennedy Kidd Those not voting were Senators: Baldwin Clay Coleman Egan Engram Johnson Langford McKenzie Newbill Parker Ragan of 10th Ragan of 32nd Land Olmstead Peevy Perry phim pollard Scott of 2nd Starr Tate Turner Walker Scott of 36th Shumake Stumbaugh Taylor Timmons Tysinger WEDNESDAY, FEBRUARY 21, 1990 1431 On the passage of all the local bills, the yeas were 38, nays 0. All the bills on the Senate Local Consent Calendar, except SB 645 and HB 1239, having received the requisite constitutional majority, were passed. SB 645 and HB 1239, having received the requisite constitutional majority, were passed by substitute. The following resolutions of the Senate were read and adopted: SR 465. By Senators Clay of the 37th and Ragan of the 32nd: A resolution commending the Georgia Rails into Trails Society. SR 467. By Senator Barker of the 18th: A resolution commending Mr. Joe Sherrill Stafford for his many years of civic service. SR 468. By Senator Barker of the 18th: A resolution commending Jody Rice for attaining the rank of Eagle Scout. SR 469. By Senators Tate of the 38th, Scott of the 36th and Shumake of the 39th: A resolution commending Bishop Joseph C. Coles, Jr. Senator Hammill of the 3rd moved that the following bill of the House be withdrawn from the Senate Committee on Natural Resources and committed to the Senate Committee on Industry and Labor: HB 1370. By Representatives Smith of the 156th, Dover of the llth, Moody of the 153rd and others: A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages for the purposes of the Georgia "Employment Security Law," so as to exclude from the definition of wages payments made by the owner or operator of a commercial shrimping or fishing vessel as a percentage of the daily catch of the vessel to crew members for services performed on the vessel for that particular day. On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1370 was withdrawn from the Senate Committee on Natural Resources and committed to the Senate Committee on Industry and Labor. Senator Barker of the 18th 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 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 facilities in which certain unruly children may be detained and the conditions regarding such detention. On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1616 was withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Children and Youth. 1432 JOURNAL OF THE SENATE Senator Barker of the 18th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Chil dren and Youth: HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to ex pand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees. On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1617 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Children and Youth. SENATE RULES CALENDAR Wednesday, February 21, 1990 THIRTY-FIRST LEGISLATIVE DAY SB 451 Derelict Motor Vehicle--cancellation of title (Substitute) (Gov Op--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 534 Natural Resources Board Decision--petition to superior court (Amendments) (Nat R--19th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 669 Georgia Juvenile Services Act--enact (Substitute) (Gov Op--49th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 725 Nursing Homes--Department of Human Resources distribute list of those violat ing rules (Substitute) (Amendment) (Hum R--15th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1385 Campaign Financial Disclosure Reports--occupation of certain contributors (Substitute) (Gov Op--45th) SB 649 Escrow Accounts Relating to Residential Property Conveyance--interest pay ment (C Aif--2nd) SB 658 Offenses Bailable Before Superior Court--kidnapping, arson, etc. (Substitute) (Judy--49th) SB 688 Durable Power of Attorney for Health Care Act--provide (Substitute) (Hum R--39th) SB 728 Child Labor--lawn care employment if covered by health insurance or workers' compensation (I&L--50th) SR 303 University System Laboratory, Equipment, Etc. Study Committee--create (H Ed--46th) SR 430 Senate Medical Waste Disposal Study Committee--create (Nat R--37th) SB 656 Gravel Loads--properly operating cover and tailgate (Amendment) (Trans--22nd) SB 699 Public Records Inspection--computer program, software not subject to (Judy--29th) SB 701 Grade Crossings--time limit to install protective devices (Substitute) (Trans--16th) SB 727 Glynn County Superior Court--terms of court (Judy--3rd) WEDNESDAY, FEBRUARY 21, 1990 1433 SB 729 Official Code of Georgia Annotated--effects of changes in census data, congres sional districts (Judy--22nd) SR 416 Crime Prevention System--urge implement in all judicial circuits (Amendment) (Judy--12th) SR 419 Trans-South Parkway--designate (Trans--7th) SR 442 Columbus-Fort Benning Economic Impact Study Commission--create (D&VA--15th) SR 444 Mills B. Lane, Jr. Bridge--designate (Trans--1st) HB 1601 City Business Improvement Districts--business license fees, tax surcharges (U&CA G--10th) HB 230 District Attorneys Emeritus--minimum state salary (Ret--52nd) HB 67 Child Custody--validity of person for school pick up (Amendment) (S Judy--48th) HB 1181 Fax Machine--prohibit certain unsolicited commercial messages (Pub U--45th) HB 1254 Proprietary, Postsecondary Educational Institutions--regulation (Substitute) (Amendments) (Ed--36th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bill of the Senate, having been read the third time and final ac tion suspended on February 20, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: 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. The substitute to SB 451 offered by Senator Kidd of the 25th on February 20, as it appears in the Journal of February 20, was automatically reconsidered and put upon its adoption. 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, 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 Barker Barnes Bowen Brannon Broun Burton Clay Deal Dean Echols Edge Egan English Engram Fincher Foster 1434 JOURNAL OF THE SENATE Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Tysinger Walker Those not voting were Senators: Baldwin Coleman Collins Dawkins McKenzie Shumake Timmons Turner On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the Senate, having been read the third time and final ac tion suspended on February 20, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: 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. The amendment to SB 534 offered by Senator Allgood of the 22nd on February 20, as it appears in the Journal of February 20, was automatically reconsidered and put upon its adoption. On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted. Senator Edge of the 28th moved that the Senate reconsider its action of February 20 in adopting the amendment offered by Senator Edge of the 28th, as it appears in the Journal of February 20. On the motion, the yeas were 37, nays 0; the motion prevailed, and the amendment offered by Senator Edge of the 28th and adopted on February 20 was reconsidered and put upon its adoption. Senator Edge of the 28th offered the following amendment: Amend the amendment offered by Senator Edge of the 28th to SB 534 by adding at the end of the amendment the following: "by striking on page 1, line 9, '60' and inserting in lieu thereof '90'." On the adoption of the amendment, the yeas were 34, nays 2, and the amendment of- WEDNESDAY, FEBRUARY 21, 1990 1435 fered by Senator Edge of the 28th to the amendment offered by Senator Edge of the 28th to SB 534 was adopted. On the adoption of the amendment offered by Senator Edge of the 28th to SB 534, the yeas were 40, nays 0, and the amendment was adopted as amended. 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 0,, BC,-,,luaryton CCoollleimnsan Deal Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Hammill Harris H,,Huogwgam.rds JKoehnnnseodny Kidd Langford McKenzie Newbill Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Q,,Svh,umak, e S_, tumb. augh. Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Brannon Dawkins Fuller Land Olmstead Ragan of 10th On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Echols of the 6th moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment, and that a Conference Committee be appointed. 1436 JOURNAL OF THE SENATE On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate amendment to HB 1105. The President appointed as a Conference Committee on the part of the Senate the following: Senators English of the 21st, Ragan of the 10th and Echols of the 6th. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. The following general bill of the Senate, having been read the third time and final ac tion suspended on February 20, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th, Barker of the 18th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention. The substitute to SB 669 offered by Senators Deal of the 49th, Kidd of the 26th, Barker of the 18th and others on February 20, as it appeals in the Journal of February 20, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 38, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kidd Newbill Olmstead Those voting in the negative were Senators: Baldwin Bowen Johnson Langford McKenzie Perry Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Tysinger Walker Tate Timmons Turner WEDNESDAY, FEBRUARY 21, 1990 1437 Those not voting were Senators: Coleman Egan Kennedy (presiding) Land Shumake On the passage of the bill, the yeas were 42, nays 9. The bill, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. The following general bill of the Senate, having been read the third time and final ac tion suspended on February 20, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: 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. The substitute to SB 725 offered by the Senate Committee on Human Resources and adopted as amended by the amendment offered by Senator Parker of the 15th on February 20, as they appear in the Journal of February 20, was automatically reconsidered and put upon its adoption. On the adoption of the amendment offered by Senator Parker of the 15th to the substi tute to SB 725 offered by the Senate Committee on Human Resources, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Bowen 5roun Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker 1438 JOURNAL OF THE SENATE Those not voting were Senators: Baldwin Brannon English Garner Johnson Shumake Starr On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Shumake of the 39th introduced Larry McAfee who briefly addressed the Senate. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th and others: A bill to amend Chaper 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. Senate Sponsor: Senator Dawkins of the 45th. The Senate Committee on Governmental Operations offered the following substitute to HB 1385: A BILL To be entitled an act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to require the business, occupation, or place of employment of a person making a campaign contribution of more than $1,000.00 to be included in a campaign disclosure report; to provide for a definition; to provide for addi tional disclosure requirements with respect to political action committees; to prohibit mem bers of the General Assembly, public officers elected state wide, or the campaign committee of any such member or officer from accepting contributions during a legislative session; to limit the amount of contributions which persons, corporations, political committees, and other entities may contribute to candidates for state-wide elected office or the General As sembly; to provide for certain financial disclosure on the part of candidates for Governor; to require disclosure of certain transactions with governmental entities; to require disclosure of certain income from parties represented by registered agents; to require disclosure of certain income tax returns and financial statements; to require disclosure relative to members of the family of a candidate for Governor being registered agents for the purpose of aiding or op posing the enactment of legislation by the General Assembly; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by adding a new paragraph defining "political action com mittee" immediately following paragraph (14) of Code Section 21-5-3, relating to definitions regarding ethics in government, to be designated paragraph (14.1), to read as follows: "(14.1) 'Political action committee' means any committee, club, association, partner ship, corporation, labor union, or other group of persons which receives donations during a calendar year from persons who are members or supporters of the committee and which WEDNESDAY, FEBRUARY 21, 1990 1439 distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee." Section 2. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in its place a new paragraph to describe an item required to be included in such reports and to read as follows: "(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign con tributions for the reporting candidate; provided, however, with respect to a contribution of more than $1,000.00, the business, occupation, or place of employment of the person making the contribution shall be required in addition to that person's contribution amount, name, and mailing address;". Section 3. Said chapter is further amended by striking "and" at the end of paragraph (3) of subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, by striking the period at the end of paragraph (4) and inserting in its place "; and", and by adding a new paragraph describing certain disclosure requirements with re spect to political action committees, to be designated paragraph (5), to read as follows: "(5) The corporate, labor union, or other affiliation of any political action committee making a contribution of $101.00 or more." Section 4. Said chapter is further amended by striking Code Section 21-5-35, relating to members of the General Assembly, and inserting in its place a new Code Section 21-5-35 to read as follows: "21-5-35. No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall accept a contribution during a legislative session." Section 5. Said chapter is further amended by adding between Articles 2 and 3 a new Article 2A describing certain limits on contributions to read as follows: "ARTICLE 2A 21-5-40. As used in this article, the term: (1) 'Affiliated committees' means any two or more political committees (including a sep arate segregated fund) established, financed, maintained, or controlled by the same corpora tion, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof. (2) 'Affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other. (3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States. (4) 'Election' means a primary, special primary, run-off primary, general election, spe cial election, or run-off election. (5) 'Person' means an individual. (6) 'Political committee' means: (A) any partnership, committee, club, association, or ganization, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions. 1440 JOURNAL OF THE SENATE 21-5-41. (a) No person shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate exceed $3,500.00. (b) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto for purposes of Code Section 21-5-43. 21-5-42. No corporation shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated corporations, exceed $3,500.00. 21-5-43. No political committee shall for any election make contributions to any candi date for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate during the same election by any affiliated political committees, exceed $3,500.00. 21-5-44. For purposes of this article, a contribution to a candidate's campaign commit tee shall be deemed to be a contribution to the candidate. 21-5-45. The limitations on contributions imposed by this article shall apply separately with respect to each election." Section 6. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates for public office, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph (1) to read as follows: "(1) Except as otherwise provided in subsection (c) of this Code section with respect to candidates for Governor, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year." Section 7. Said chapter is further amended by adding at the end of said Code Section 21-5-50 a new subsection (c) to read as follows: "(c) (1) Each person who qualifies with a political party as a candidate for party nomi nation to the office of Governor (including an incumbent Governor qualifying to succeed himself) shall file with the Secretary of State, not later than May 15 in the year in which such person qualifies, a financial disclosure statement. Each person who qualifies as a candi date for election to the office of Governor through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify for the preceding five calendar years: (A) Each transaction in which the candidate (whether for himself or on behalf of any business) or any business in which such candidate or any member of his family has a sub stantial interest or is an officer of such business has transacted business with the govern ment of the United States, the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) All income of any nature received by the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business from any person who was at the time of such receipt of income represented by an agent registered with the Secretary of State pursuant to Code Section 28-7-2. WEDNESDAY, FEBRUARY 21, 1990 1441 (2) The financial disclosure statement required by paragraph (1) of this subsection shall be made in such form as may be prescribed by the commission and shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by: (A) Copies of the candidate's state and federal personal income tax returns for the pre ceding five years, together with copies of all supporting schedules and documentation filed with such returns; (B) A financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and a financial statement of the candidate's finan cial affairs as of the date of qualifying; and (C) A statement showing the name and address of any member of the candidate's fam ily who has, within the five years immediately preceding the date of the financial disclosure statement required by paragraph (1) of this subsection, been a registered agent for the pur poses of Code Section 28-7-2, and such statement shall also show the person on whose be half the member of the family was acting as a registered agent and the compensation re ceived for such service during the year immediately preceding the date of the statement. (4) (A) As used in this subsection, the term: (i) 'Agency' means any agency, authority, department, board, bureau, commission, com mittee, office, or instrumentality of the United States, the State of Georgia, or any political subdivision of the State of Georgia. (ii) 'Financial statement' means a statement of a candidate's financial affairs in such form as may be prescribed by the commission, provided that such form shall be substan tially equivalent to the form of financial statement required for bank directors under the rules of the Department of Banking and Finance. (iii) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (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. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election as Gover nor until after the filing date otherwise applicable, such person shall make the filings re quired by this subsection within seven days after so qualifying." Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by striking "Governor" from line 16 of page 1 and inserting in its place "state wide office". By striking "Governor" from line 22 of page 1 and inserting in its place "state-wide office". 1442 JOURNAL OF THE SENATE By striking "Governor" from line 5 of page 6 and inserting in its place "state-wide office". By striking "the office of Governor" from line 24 of page 6 and inserting in its place "a state-wide office". By striking "Governor" from line 25 of page 6 and inserting in its place "state-wide officer". By striking "the office of Governor" from lines 29 and 30 of page 6 and inserting in its place "a state-wide office". By striking "as Governor" from line 24 of page 9 and inserting in its place "to state wide office". 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 Barker Barnes Broun Burton C~ o0,[lylemmgan Dawkins rjeaj Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill HTHToarwriasrd, Huggins Johnson Kennedy Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd 0RScaoy*tt of. ,,2nd, Scott of 36th Shumake Starr Stumbaugh Tate Taylor Tysinger Those not voting were Senators: Baldwin Bowen Brannon Fincher Kidd Langford McKenzie Timmons Turner Walker On the adoption of the amendment, the yeas were 46, nays 0, and the amendment of fered by Senator Barnes of the 33rd was adopted. Senator Barnes of the 33rd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by striking "Governor" from line 16 of page 1 and inserting in its place "public office". By striking "Governor" from line 22 of page 1 and inserting in its place "public office". By striking "Governor" from line 5 of page 6 and inserting in its place "public office". By striking "the office of Governor" from line 24 of page 6 and inserting in its place "a public office". By striking "Governor" from line 25 of page 6 and inserting in its place "public officer". WEDNESDAY, FEBRUARY 21, 1990 1443 By striking "the office of Governor" from lines 29 and 30 of page 6 and inserting in its place "a public office". By inserting following the semicolon on line 5 of page 8 the following: "provided, however, that this subparagraph shall not apply to public officers who are not elected state wide;". By striking "as Governor" from line 24 of page 9 and inserting in its place "to public office". 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 Barker Barnes 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 Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Voting in the negative was Senator Walker. Those not voting were Senators: Bowen Kidd Langford McKenzie Shumake Timmons On the adoption of the amendment, the yeas were 49, nays 1, and the amendment of fered by Senator Barnes of the 33rd was adopted. Senator Barnes of the 33rd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between "definition;" and "to" on line 6 of page 1 the following: "to require disclosure of contributions or expenditures made other than through a can didate or campaign committee;". By inserting between lines 15 and 16 of page 2 the following: "Section 1A. Said chapter is further amended by striking subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candidate or cam paign committee, and inserting in its place a new subsection (a) to read as follows: '(a) Any person who accepts contributions for, makes contributions to, or makes ex penditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate.' " 1444 JOURNAL OF THE SENATE Senator Barnes of the 33rd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn. Senator Barnes of the 33rd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between "definition;" and "to" on line 6 of page 1 the following: "to create the Audit Division of the State Ethics Commission and provide for its pow ers, duties, and authority;". By inserting between lines 15 and 16 of page 2 the following: "Section 1A. Said chapter is further amended by adding a new subsection creating the Audit Division of the State Ethics Commission at the end of Code Section 21-5-4, relating to the State Ethics Commission, to be designated subsection (h), to read as follows: '(h) There is created the Audit Division of the State Ethics Commission. It shall be the duty of such audit division to audit and examine all reports and statements required to be filed under this chapter so as to determine their correctness and compliance with the provi sions of this chapter. Such audit division shall be authorized to do any and all things neces sary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. Such audit division shall perform such other duties as may be provided for by the commission.' " 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 Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Foster Garner Gillis Hammill Harris Howard Johnson Kennedy Land Langford Newbill Parker Peevy Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Stumbaugh Tysinger Those voting in the negative were Senators: Brannon Egan Fincher Fuller Huggins Olmstead Perry Pollard Scott of 36th Shumake Starr Tate Taylor Timmons Turner Walker Those not voting were Senators: Kidd McKenzie Ray On the adoption of the amendment, the yeas were 37, nays 16, and the amendment offered by Senator Barnes of the 33rd was adopted. WEDNESDAY, FEBRUARY 21, 1990 1445 Senator Barnes of the 33rd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between "definition" and "to" on line 6 of page 1 the following: "to eliminiate the authorization for conversion of contributions to personal use and cer tain other uses; to authorize certain transfers of such contributions to persons making such contributions; to provide that contributions and interest thereon, if any, shall not constitute personal assets of a candidate or public officer; to provide for applicability;". By inserting between lines 15 and 16 of page 2 the following: "Section 1A. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-5-33, relating to disposition of campaign contributions, and inserting in their place new subsections to read as follows: '(b) (1) All contributions received by a candidate or such candidate's campaign commit tee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows: (A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; or (C) For transferral without limitation to persons making such contributions, not to ex ceed the total amount cumulatively contributed by each such transferee; (2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the author ized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contri butions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elec tive office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or exec utor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) or (B) of paragraph (1) of this subsection. (c) Contributions and interest thereon, if any, shall not constitute personal assets of such candidate or such public officer.' " By inserting between lines 27 and 28 of page 9 the following: "Section 7A. Nothing in Section 1A of this Act shall apply to or affect contributions lawfully converted to the personal use of a candidate or public officer prior to the effective date of this Act." 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 Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins 1446 JOURNAL OF THE SENATE Johnson Kennedy Olmstead Parker Peevy Perry Phillips Pollard RaganoflOth Ra*an of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Those voting in the negative were Senators: Engrain Tysinger Walker Those not voting were Senators: Egan McKenzie Ray Kidd On the adoption of the amendment, the yeas were 49, nays 3, and the amendment of fered by Senator Barnes of the 33rd was adopted. Senators Harris of the 27th, Kidd of the 25th, Dean of the 31st, Allgood of the 22nd and Walker of the 43rd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by striking on page 5, line 6, "3500.00" and inserting "5000.00"; by striking on page 5, line 17, "3500.00" and inserting "5000.00"; and by striking on page 5, line 23, "3500.00" and inserting "5000.00". 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 Bowen Brannon roun ~Oj-)oealflj.mmsan Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill H,,Huargrgisms Johnson Kennedy Langford McKenzie Olmstead Parker Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd SS,,,hcoutmt aok,fe36th Starr Tate Timmons Turner Tysinger Walker Those voting in the negative were Senators: Barker Barnes Burton Clay Dawkins Howard Land Newbill Peevy Ragan of 32nd Stumbaugh Taylor WEDNESDAY, FEBRUARY 21, 1990 1447 Not voting was Senator Kidd. On the adoption of the amendment, the yeas were 43, nays 12, and the amendment offered by Senators Harris of the 27th, Kidd of the 25th, Dean of the 31st, Allgood of the 22nd and Walker of the 43rd was adopted. Senator Garner of the 30th moved that HB 1385 be postponed until February 22. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Garner Langford Perry Taylor Timmons Tysinger Walker Those voting in the negative were Senators: Albert Allgood Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Land McKenzie Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Those not voting were Senators: Bowen Kidd Shumake On the motion, the yeas were 8, nays 45; the motion was lost, and HB 1385 was not postponed until February 22. Senator Stumbaugh of the 55th offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between "committees;" and "to" on line 8 of page 1 the following: "to require certain candidates or campaign committees to report contributions received or expenditures made during any year which is not a general election year in which the candidate qualifies for office; to provide for filing dates;". By inserting between lines 11 and 12 of page 3 the following: "Section 3A. Said chapter is further amended by striking subsection (c) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new subsection (c) to read as follows: '(c) (1) The candidate or the chairperson or treasurer of each campaign committee or ganized to bring about the nomination or election of a candidate for any office who accepts contributions or makes expenditures during any year which is not a general election year in which the candidate qualifies for office shall file a campaign contribution disclosure report listing such contributions or expenditures no later than December 31 of each year in which they were received or made. 1448 JOURNAL OF THE SENATE (2) Candidates or campaign committees which accept contributions or make expendi tures designed to bring about the nomination or election of a candidate shall file campaign contribution disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. If a run-off election is required following a primary, general, or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the excep tion that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previ ously have been required, to be reported.' ". Senator Stumbaugh of the 55th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Stumbaugh of the 55th was withdrawn. Senator Stumbaugh of the 55th offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between "definition;" and "to" on line 6 of page 1 the following: "to change the definition of certain terms; to change certain provisions relating to con tributions made to a candidate or campaign committee or for recall of a public officer; to change the provisions relating to contributions or expenditures other than through a candi date or committee; to change certain provisions relating to contribution disclosure reports;". By inserting between lines 15 and 16 of page 2 the following: "Section 1A. Said chapter is further amended by striking paragraphs (3), (6), and (12) of Code Section 21-5-3, relating to definitions regarding ethics in government, and inserting in their place new paragraphs (3), (6), and (12), respectively, to read as follows: '(3) "Campaign contribution disclosure report" means a report filed with the appropri ate filing officer by a candidate or the chairperson or treasurer of a campaign committee setting forth all expenditures made and all contributions received by the candidate or the committee. The first report required in the calendar year of the election shall contain all expenditures made and all contributions received by the candidate or the committee in prior years in support of the campaign in question.' '(6) "Contribution" means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed consti tutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term "contribution" shall include other forms of pay ment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term "contribution" shall WEDNESDAY, FEBRUARY 21, 1990 1449 also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate.' '(12) "Gift" means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or a loan of property or services which is not a contribution as defined in paragraphy (6) of this Code section.' Section IB. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 21-5-30, relating to contributions made to a candidate or campaign committee or for recall of a public officer, and inserting in lieu thereof a new subsection (d) to read as follows: '(d) Where separate contributions are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such ag gregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source.' Section 1C. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through candi date or committee, and inserting in lieu thereof a new subsection (a) to read as follows: '(a) Any person who accepts contributions for, makes contributions to, or makes ex penditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candi date or his campaign committee do not require separate reporting and except that copies of campaign contribution disclosure reports do not have to be filed with local election superin tendents as required of candidates for membership in the General Assembly pursuant to paragraph (1) of subsection (a) of Code Section 21-5-34.' " By striking "paragraph (1)" from line 17 of page 2 and inserting in its place "paragraphs (1) and (2)". By striking from lines 19 and 20 of page 2 the following: "its place a new paragraph to describe an item required to be included in such reports and", and inserting in its place the following: "their place new paragraphs (1) and (2), respectively, describing an item to be required to be included in such reports and revising report contents,". By striking from lines 22 and 23 of page 2 the following: "and mailing address of any person making a contribution of $101.00 or more", and inserting in its place the following: "mailing address, and occupation or place of employment of any person making a contribution". By striking from line 32 of page 2 the following: "amount, name, and mailing address;'.", and inserting in its place the following: "amount, name, and mailing address; (2) The name and mailing address and occupation or place of employment of any per son to whom an expenditure is made and the amount and general purpose of such expenditure;'.". By inserting between lines 11 and 12 of page 3 the following: "Section 3A. Said chapter is further amended by striking in its entirety subsection (d) 1450 JOURNAL OF THE SENATE of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new subsection (d) to read as follows: '(d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contributions, such candidate shall only be required to make the initial and final report as required under this chapter.'". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Collins Edge Garner Howard Newbill Ragan of 32nd Stumbaugh Those voting in the negative were Senators: Albert Allgood Baldwin Brannon Broun urton pCDoa,wlyekminans Deal Dean Echols Egan English Engram Fincher Foster Fuller Gillis Hammill Harris Huggins J,^7oehnnnseodn,y Kldd Land Langford McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd ScS,hcoutmt aok,fe36th Starr Tate Taylor Timmons Turner Tysinger Walker Not voting was Senator Bowen. On the adoption of the amendment, the yeas were 9, nays 46, and the amendment of fered by Senator Stumbaugh of the 55th was lost. Senator Stumbaugh of the 55th offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between "definition;" and "to" on line 6 of page 1 the following: "to prohibit certain long-term care facilities from making certain contributions to cer tain candidates, campaign committees, public officers, political action committees, or politi cal organizations; to prohibit such candidates, campaign committees, public officers, political action committees, or political organizations from accepting such contributions; to provide for definitions; to provide for applicability; to prohibit certain coercion;" By inserting between lines 15 and 16 of page 2 the following: "Section 1A. Said chapter is further amended by adding a new Code section prohibiting certain contributions immediately following Code Section 21-5-30.1, to be designated Code Section 21-5-30.2, to read as follows: '21-5-30.2. (a) As used in this Code section, the term: (1) "Long-term care facility" means any skilled nursing home, intermediate care home, WEDNESDAY, FEBRUARY 21, 1990 1451 or personal care home now or hereafter subject to regulation and licensure by the Depart ment of Human Resources. (2) "Political action committee" means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more candi dates, campaign committees, or public officers. Such term does not mean a campaign committee. (3) "Political organization" means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office. (b) It shall be unlawful for any long-term care facility which is required to be licensed by the Department of Human Resources and which receives any reimbursement for Medicaid services from the Department of Medical Assistance to make, directly or indirectly, a contribution to any candidate, campaign committee, public officer, political action commit tee, or political organization. (c) It shall be unlawful for any candidate, campaign committee, public officer, political action committee, or political organization to accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in subsection (b) of this Code section shall be construed to pre vent any person who may be employed by such long-term care facility from voluntarily making such a contribution from that person's personal funds. It shall be unlawful for any such long-term care facility or other person to require another by coercive action to make any such contribution.'" Senator Coleman of the 1st offered the following amendment: Amend the amendment offered by Senator Stumbaugh of the 55th to the substitute to HB 1385 offered by the Senate Committee on Governmental Operations as follows: Page 1, line 6, after "facilities" insert and "trial lawyers"; Page 2, line 15, add: "(4) Trial lawyers means any persons regularly involved in court appearances represent ing either plaintiff or defendant."; Page 2, line 24, add: "This paragraph also applies to any attorney receiving Georgia State tax money in his practice either directly or indirectly."; and page 2, line 33, after "facility", insert "or trial lawyer's office". 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 Barker Barnes Coleman Collins English Engram Gillis Hammill Harris Huggins Kennedy Kidd McKenzie Newbill Perry Pollard Ragan of 32nd Ray Scott of 2nd Stumbaugh Turner Tysinger 1452 JOURNAL OF THE SENATE Those voting in the negative were Senators: Baldwin Brannon Broun Burton Clay Dawkins Deal Dean Echols Edge Egan Fincher Foster Fuller Garner Howard Johnson Land Langford Olmstead Parker Peevy Phillips Ragan of 10th Scott of 36th Starr Tate Taylor Timmons Walker Those not voting were Senators Bowen and Shumake. On the adoption of the amendment, the yeas were 24, nays 30, and the amendment offered by Senator Coleman of the 1st to the amendment offered by Senator Stumbaugh of the 55th was lost. Senators Parker of the 15th and Peevy of the 48th offered the following amendment: Amend the amendment offered by Senator Stumbaugh of the 55th to the substitute to HB 1385 offered by the Senate Committee on Governmental Operations as follows: Page 1, line 6, after "facilities" insert "and construction or roadbuilding companies"; Page 2, line 15, add: "(5) Construction or roadbuilding companies means any concern regularly engaged in general construction, grading, paving or any other aspect of roadbuilding or any construc tion, renovation or demolition of any structure of any type."; Page 2, line 24: "This paragraph also applies to any construction or roadbuilding com pany that receives any state funds in its business activities."; and page 2, line 33, after "facility", insert "or construction or roadbuilding companies". Senator Parker of the 15th asked unanimous consent to withdraw the amendment of fered by Senators Parker of the 15th and Peevy of the 48th to the amendment offered by Senator Stumbaugh of the 55th to the substitute to HB 1385 offered by the Senate Commit tee on Governmental Operations; the consent was granted, and the amendment was withdrawn. On the adoption of the amendment offered by Senator Stumbaugh of the 55th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes BCluaryton Collins Deal Edge Fincher FHooswtearrd Johnson Land Newbill Peevy nPuh-lnll-lPs Ragan of 32nd Stumbaugh Those voting in the negative were Senators: Albert Allgood Baldwin Brannon Broun Coleman Dawkins Dean Echols Egan English Engram Fuller Garner Gillis WEDNESDAY, FEBRUARY 21, 1990 1453 Harris Huggins Kennedy Kidd Langford McKenzie Olmstead Parker Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Bowen Hammill Shumake On the adoption of the amendment, the yeas were 17, nays 36, and the amendment offered by Senator Stumbaugh of the 55th to the substitute to HB 1385 offered by the Senate Committee on Governmental Operations was lost. Senator Howard of the 42nd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between "definition;" and "to" on line 6 of page 1 the following: "to prohibit certain health care providers or health care facilities from making certain contributions to certain candidates, campaign committees, public officers, political action committees, or political organizations; to prohibit such candidates, campaign committees, public officers, political action committees, or political organizations from accepting such contributions; to provide for definitions; to provide for applicability; to prohibit certain coercion;" By inserting between lines 15 and 16 of page 2 the following: "Section 1A. Said chapter is further amended by adding a new Code section prohibiting certain contributions immediately following Code Section 21-5-30.1, to be designated Code Section 21-5-30.2, to read as follows: '21-5-30.2. (a) As used in this Code section, the term: (1) "Political action committee" means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more candi dates, campaign committees, or public officers. Such term does not mean a campaign committee. (2) "Political organization" means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office. (b) It shall be unlawful for any health care provider or health care facility which is required to be licensed by the Department of Human Resources and which receives any reimbursement for Medicaid services from the Department of Medical Assistance to make, directly or indirectly, a contribution to any candidate, campaign committee, public officer, political action committee, or political organization. (c) It shall be unlawful for any candidate, campaign committee, public officer, political action committee, or political organization to accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in subsection (b) of this Code section shall be construed to pre vent any person who may be employed by such health care provider or health care facility from voluntarily making such a contribution from that person's personal funds. It shall be unlawful for any such health care provider or health care facility or other person to require another by coercive action to make any such contribution.' " 1454 JOURNAL OF THE SENATE Senator Howard of the 42nd offered the following amendment: Amend the amendment offered by Senator Howard of the 42nd to the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by adding to page 2, line 13 after the word "provider" the following: "who is required to be licensed by the Department of Human Resources". Senator Coleman of the 1st offered the following amendment: Amend the amendment offered by Senator Howard of the 42nd to the substitute to HB 1385 offered by the Senate Committee on Govermental Operations as follows: Page 1, line 7, after "facilities" add "including doctors, hospitals"; Page 2, line 13, after "facility" add "including doctors and hospitals"; Page 2, line 29, after "facility" add "or doctor or hospital"; and page 2, line 32, after "facility" add "or doctor or hospital". Senator Howard of the 42nd asked unanimous consent to withdraw his original amend ment; the consent was granted, and the amendment offered by Senator Howard of the 42nd to the substitute to HB 1385 offered by the Senate Committee on Governmental Operations was withdrawn. Senators Allgood of the 22nd and Phillips of the 9th offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by striking Section 8, lines 28 through 30, page 9 entirely, and inserting a new Section 8 as follows: "Section 8. This Act shall become effective January 1, 1991." 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 Barker Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Garner 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 Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Barnes Howard Newbill Stumbaugh WEDNESDAY, FEBRUARY 21, 1990 1455 Not voting was Senator Bowen. On the adoption of the amendment, the yeas were 51, nays 4, and the amendment of fered by Senators Allgood of the 22nd and Phillips of the 9th was adopted. Senator Scott of the 2nd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by adding on page 5, after line 29, a new Code Section 21-5-46 to read as follows: "21-5-46. The limitation on contributions imposed by this Article shall apply to candi dates and to any member of the candidate's family." 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 ole,man English Gillis Hammill Harris Muggins Kennedy Kidd Langford McKenzie Olmstead Pollard Ray Scott of 2nd Scott of 36th btarr Timmons Tysinger Those voting in the negative were Senators: Baldwin Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Howard Johnson Land Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Shumake Stumbaugh Tate Taylor Turner Walker Those not voting were Senators: Barker Bowen Parker On the adoption of the amendment, the yeas were 20, nays 33, and the amendment offered by Senator Scott of the 2nd was lost. Senator Barnes of the 33rd offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between lines 11 and 12 of page 3 the following: "Section 3A. Said Chapter is further amended by adding after O.C.G.A. 21-5-34(C) "1" and adding a new Section 21-5-34(C)(2) to read as follows: "(2) Candidates, public officers, or campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall 1456 JOURNAL OF THE SENATE during a nonelection year file contribution disclosure reports on June 30 and December 31 of such year." 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 Barnes 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 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 Voting in the negative were Senators Shumake and Walker. Not voting were Senators Barker and Bowen. On the adoption of the amendment, the yeas were 52, nays 2, and the amendment of fered by Senator Barnes of the 33rd was adopted. Senators Pollard of the 24th and Starr of the 44th offered the following amendment: Amend the substitute to HB 1385 offered by the Senate Committee on Governmental Operations by inserting between "definition;" and "to" on line 6 of page 1 the following: "to provide for an authorized use of certain contributions;". By inserting between lines 15 and 16 of page 2 the following: "Section 1A. Said chapter is further amended by striking subsection (a) of Code Section 21-5-33, relating to disposition of contributions, and inserting in its place a new subsection (a) to read as follows: '(a) (1) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candi date or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidate's campaign for elective office or such public officer's fulfillment or retention of such office. (2) Notwithstanding any other provision of this Code section to the contrary, all contri butions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to paragraph (1) of this subsection and as determined by such candidate or such public officer may be used for use in future campaigns for any elective office.'" WEDNESDAY, FEBRUARY 21, 1990 1457 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 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 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker Voting in the negative were Senators Barnes and Ragan of the 10th. Those not voting were Senators: Barker Bowen Garner Timmons On the adoption of the amendment, the yeas were 50, nays 2, and the amendment of fered by Senators Pollard of the 24th and Starr of the 44th was adopted. 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 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 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 Voting in the negative were Senators Shumake and Walker. 1458 JOURNAL OF THE SENATE Not voting was Senator Barker. On the adoption of the substitute, the yeas were 53, nays 2, and the substitute to HB 1385 offered by the Senate Committee on Governmental Operations was adopted as amended. The President announced that, pursuant to Senate Rule 143, consideration of HB 1385 would be suspended and placed on the Senate General Calendar. The following resolution of the Senate was read and put upon its adoption: SR 474. 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 Thursday, February 22, and to reconvene at 10:00 o'clock A.M. on Mon day, February 26. On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The President announced that the Senate would stand in recess from 1:26 o'clock P.M. until 2:30 o'clock P.M. At 2:30 o'clock P.M., the President called the Senate to order. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 658. By Senator Deal of the 49th: A bill to amend Code Section 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. The Senate Committee on Judiciary offered the following substitute to SB 658: A BILL To be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to which offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances; to provide for related matters; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, is amended by striking paragraph (10) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows: "(10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been con victed of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection." 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. WEDNESDAY, FEBRUARY 21, 1990 1459 The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes ^Qr,,Bsourowru+teonnn Collins Dawkins Deal Dean Edge Egan English Fuller Gillis HTHTaamrrims ill Howard Huggins Kennedy Land McKenzie Newbill Olmstead Peevy Phillips Pollard RrRS,haauyg' manakoef 32nd Starr Stumbaugh Taylor Turner Tysinger Those not voting were Senators: Albert Brannon eman Engram Fincher Foster Garner Johnson Kidd LT angftordj Parker Perry Ragan of 10th Scott of 2nd Scott of 36th m Tatxe Timmons Walker On the passage of the bill, the yeas were 37, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th and others: A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or cer tified under such chapter. Senator Howard of the 42nd moved that the Senate adhere to the Senate substitute to HB 702, and that a Conference Committee be appointed. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 702. The President appointed as a Conference Committee on the part of the Senate the following: Senators Howard of the 42nd, Gillis of the 20th and Ragan of the 10th. 1460 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 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. The Senate Committee on Human Resources offered the following substitute to SB 688: A BILL To be entitled an Act 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 legisla tive purpose; to provide definitions; to provide for standards and limitations with respect to health care agencies; to provide for revocation and amendment of health care agencies; to provide for the responsibilities and duties of health care providers and agents under health care agencies; to provide for immunity from liability or disciplinary action under certain circumstances; to provide for penalties; to provide a statutory short form durable power of attorney for health care; to provide for the construction of such form; to provide for applica bility; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 31 of the Official Code of Georgia Annotated, relating to public health, is amended by inserting at the end thereof a new Chapter 36 to read as follows: "CHAPTER 36 31-36-1. This chapter shall be known and may be cited as the 'Durable Power of Attor ney for Health Care Act.' 31-36-2. (a) The General Assembly recognizes the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to decline medical treatment or to direct that it be withdrawn. However, if the individual becomes disabled, incapacitated, or incompetent, his or her right to control treatment may be denied unless the individual, as principal, can delegate the decision-making power to a trusted agent and be sure that the agent's power to make personal and health care decisions for the principal will be effective to the same extent as though made by the principal. (b) This recognition of the right of delegation for health care purposes must be stated to make it clear that its scope is intended to be as broad as the comparable right of delega tion for property and financial matters. However, the General Assembly recognizes that powers concerning health care decisions are more sensitive than property matters and that particular rules and forms are necessary for health care agencies to ensure their validity and efficacy and to protect health care providers so that they will honor the authority of the agent at all times. Nothing in this chapter shall be deemed to authorize or encourage eutha nasia, suicide, or any action or course of action that violates the criminal laws of this state or the United States. (c) In furtherance of these purposes, the General Assembly enacts this chapter, setting forth general principles governing health care agencies, as well as a statutory short form durable power of attorney for health care, intending that when a power in substantially the form set forth in this chapter is used, health care providers and other third parties who rely in good faith on the acts and decisions of the agent within the scope of the power may do so without fear of civil or criminal liability to the principal, the state, or any other person. However, the form of health care agency set forth in this chapter is not intended to be WEDNESDAY, FEBRUARY 21, 1990 1461 exclusive, and other forms of powers of attorney chosen by the principal that comply with Code Section 31-36-5 may offer powers and protections similar to the statutory short form durable power of attorney for health care. 31-36-3. As used in this chapter, the term: (1) 'Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the patient. (2) 'Health care' means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for the patient's physical or mental health or personal care. (3) 'Health care agency' or 'agency' means an agency governing any type of health care, anatomical gift, autopsy, or disposition of remains for and on behalf of a patient and refers to the power of attorney or other written instrument defining the agency, or the agency itself, as appropriate to the context. (4) 'Health care provider' or 'provider' means the attending physician and any other person administering health care to the patient at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordi nary course of business or the practice of a profession, including any person employed by or acting for any such authorized person. (5) 'Patient' means the principal. 31-36-4. The health care powers that may be delegated to an agent include, without limitation, all powers an individual may have to be informed about and to consent to or refuse or withdraw any type of health care for the individual. A health care agency may extend beyond the principal's death if necessary to permit anatomical gift, autopsy, or dis position of remains. Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining or death-delaying procedures in any lawful manner, and the provisions of this chapter are cumulative in such respect. 31-36-5. (a) A health care agency shall be in writing and signed by the principal or by some other person in the principal's presence and by the principal's express direction. A health care agency shall be attested and subscribed in the presence of the principal by two or more competent witnesses who are at least 18 years of age. (b) No health care provider may act as agent under a health care agency if he or she is directly or indirectly involved in the health care rendered to the patient under the health care agency. (c) An agent under a health care agency shall not have the authority to make a particu lar health care decision different from or contrary to the patient's decision, if any, if the patient is able to understand the general nature of the health care procedure being con sented to or refused, as determined by the patient's attending physician based on such phy sician's good faith judgment. 31-36-6. (a) Every health care agency may be revoked by the principal at any time, without regard to the principal's mental or physical condition, by any of the following methods: (1) By being obliterated, burned, torn, or otherwise destroyed or defaced in a manner indicating an intention to revoke; (2) By a written revocation of the agency signed and dated by the principal or by a person acting at the direction of the principal; or (3) By an oral or any other expression of the intent to revoke the agency in the presence of a witness 18 years of age or older who signs and dates a writing confirming that such expression of intent was made. (b) Unless the health care agency expressly provides otherwise, if, after executing a health care agency, the principal marries, such marriage shall revoke the designation of a 1462 JOURNAL OF THE SENATE person other than the principal's spouse as the principal's agent to make health care deci sions for the principal; and if, after executing a health care agency, the principal's marriage is dissolved or annulled, such dissolution or annulment shall revoke the principal's former spouse as the principal's agent to make health care decisions for the principal. (c) A health care agency which survives disability shall not be revoked solely by the appointment of a guardian or receiver for the principal. Absent an order of a court of com petent jurisdiction directing a guardian to exercise powers of the principal under an agency that survives disability, the guardian has no power, duty, or liability with respect to any personal or health care matters covered by the agency. (d) A health care agency may be amended at any time by a written amendment exe cuted in accordance with the provisions of subsection (a) of Code Section 31-36-5. (e) Any person, other than the agent, to whom a revocation or amendment of a health care agency is communicated or delivered shall make all reasonable efforts to inform the agent of that fact as promptly as possible. 31-36-7. Each health care provider and each other person with whom an agent deals under a health care agency shall be subject to the following duties and responsibilities: (1) It is the responsibility of the agent or patient to notify the health care provider of the existence of the health care agency and any amendment or revocation thereof. A health care provider furnished with a copy of a health care agency shall make it a part of the patient's medical records and shall enter in the records any change in or termination of the health care agency by the principal that becomes known to the provider. Whenever a pro vider believes a patient is unable to understand the general nature of the health care proce dure which the provider deems necessary, the provider shall consult with any available health care agent known to the provider who then has power to act for the patient under a health care agency; (2) A health care decision made by an agent in accordance with the terms of a health care agency shall be complied with by every health care provider to whom the decision is communicated, subject to the provider's right to administer treatment for the patient's com fort or alleviation of pain; but, if the provider is unwilling to comply with the agent's deci sion, the provider shall promptly inform the agent who shall then be responsible to make the necessary arrangements for the transfer of the patient to another provider. A provider who is unwilling to comply with the agent's decision will continue to afford reasonably nec essary consultation and care in connection with the pending transfer; (3) At the patient's expense and subject to reasonable rules of the health care provider to prevent disruption of the patient's health care, each health care provider shall give an agent authorized to receive such information under a health care agency the same right the principal has to examine and copy any part or all of the patient's medical records that the agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, hospital, nursing home, or other health care provider, notwithstanding the provisions of any statute or rule of law to the contrary; and (4) If and to the extent a health care agency empowers the agent to: (A) Make an anatomical gift on behalf of the principal under Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act,' as now or hereafter amended; (B) Authorize an autopsy of the principal's body; or (C) Direct the disposition of the principal's remains, the anatomical gift, autopsy ap proval, or remains disposition shall be deemed the act of the principal or of the person who has priority under law to make the necessary decisions and each person to whom a direction by the agent in accordance with the terms of the agency is communicated shall comply with such direction to the extent it is in accord with reasonable medical standards or other rele vant standards at the time of reference. WEDNESDAY, FEBRUARY 21, 1990 1463 31-36-8. Each health care provider and each other person who acts in good faith reli ance on any direction or decision by the agent that is not clearly contrary to the terms of a health care agency will be protected and released to the same extent as though such person had dealt directly with the principal as a fully competent person. Without limiting the gen erality of the foregoing, the following specific provisions shall also govern, protect, and vali date the acts of the agent and each such health care provider and other person acting in good faith reliance on such direction or decision: (1) No such provider or person shall be subject to any type of civil or criminal liability or discipline for unprofessional conduct solely for complying with any direction or decision by the agent, even if death or injury to the patient ensues; (2) No such provider or person shall be subject to any type of civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with any direction or decision by the agent, as long as such provider or person promptly informs the agent of such provider's or person's refusal or failure to comply with such direction or decision by the agent. The agent shall then be responsible to make the necessary arrangements for the transfer of the patient to another health care provider. A health care provider who is unwill ing to comply with the agent's decision will continue to afford reasonably necessary consul tation and care in connection with the pending transfer; (3) If the actions of a health care provider or person who fails to comply with any direction or decision by the agent are substantially in accord with reasonable medical stan dards at the time of reference and the provider cooperates in the transfer of the patient pursuant to paragraph (2) of Code Section 31-36-7, the health care provider or person shall not be subject to any type of civil or criminal liability or discipline for unprofessional con duct for failure to comply with the agency; (4) No agent who, in good faith, acts with due care for the benefit of the patient and in accordance with the terms of a health care agency, or who fails to act, shall be subject to any type of civil or criminal liability for such action or inaction; (5) If the authority granted by a health care agency is revoked under Code Section 3136-6, a person will not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such health care agency unless such person had actual knowledge of the revocation; and (6) If the patient's death results from withholding or withdrawing life-sustaining or death-delaying treatment in accordance with the terms of a health care agency, the death shall not constitute a suicide or homicide for any purpose under any statute or other rule of law and shall not impair or invalidate any insurance, annuity, or other type of contract that is conditioned on the life or death of the patient, any term of the contract to the contrary notwithstanding. 31-36-9. All persons shall be subject to the following sanctions in relation to health care agencies, in addition to all other sanctions applicable under any other law or rule of profes sional conduct: (1) Any person shall be civilly liable who, without the principal's consent, willfully con ceals, cancels, or alters a health care agency or any amendment or revocation of the agency or who falsifies or forges a health care agency, amendment, or revocation; (2) A person who falsifies or forges a health care agency or willfully conceals or with holds personal knowledge of an amendment or revocation of a health care agency with the intent to cause a withholding or withdrawal of life-sustaining or death-delaying procedures contrary to the intent of the principal and thereby, because of such act, directly causes lifesustaining or death-delaying procedures to be withheld or withdrawn, shall be subject to prosecution for criminal homicide as provided for in Chapter 5 of Title 16; and (3) Any person who requires or prevents execution of a health care agency as a condi tion of ensuring or providing any type of health care services to the patient shall be civilly liable and guilty of a misdemeanor and shall be punished as provided by law. 1464 JOURNAL OF THE SENATE 31-36-10. (a) The statutory health care power of attorney form contained in this subsec tion may be used to grant an agent powers with respect to the principal's own health care; but the statutory health care power is not intended to be exclusive or to cover delegation of a parent's power to control the health care of a minor child, and no provision of this chapter shall be construed to bar use by the principal of any other or different form of power of attorney for health care that complies with Code Section 31-36-5. If a different form of power of attorney for health care is used, it may contain any or all of the provisions set forth or referred to in the following form. When a power of attorney in substantially the following form is used, including the notice paragraph in captial letters at the beginning, it shall have the meaning and effect prescribed in this chapter. The statutory health care power may be included in or combined with any other form of power of attorney governing property or other matters: 'GEORGIA STATUTORY SHORT FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PER SON YOU DESIGNATE (YOUR AGENT) BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE, CONSENT TO, OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT YOU TO OR DIS CHARGE YOU FROM ANY HOSPITAL, HOME, OR OTHER INSTITUTION; BUT NOT INCLUDING PSYCHOSURGERY, STERILIZATION, OR INVOLUNTARY HOSPITALIZATION OR TREATMENT COVERED BY TITLE 37 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT, WHEN A POWER IS EX ERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS NOT ACTING PROP ERLY. YOU MAY NAME COAGENTS AND SUCCESSOR AGENTS UNDER THIS FORM, BUT YOU MAY NOT NAME A HEALTH CARE PROVIDER WHO MAY BE DIRECTLY OR INDIRECTLY INVOLVED IN RENDERING HEALTH CARE TO YOU UNDER THIS POWER. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW OR UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. THE POWERS YOU GIVE YOUR AGENT, YOUR RIGHT TO RE VOKE THOSE POWERS, AND THE PENALTIES FOR VIOLATING THE LAW ARE EXPLAINED MORE FULLY IN CODE SECTIONS 31-36-6, 31-36-9, AND 31-36-10 OF THE GEORGIA "DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT" OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM). THAT ACT EX PRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF ATTOR NEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. DURABLE POWER OF ATTORNEY made this _____ day of ___________, 19_. 1. I, ______________________________________________ (insert name and address of principal) hereby appoint (insert name and address of agent) as my attorney in fact (my agent) to act for me and in my name in any way I could act in person to make any and all decisions for me concerning my personal care, medical treatment, hospitalization, and health care and to require, withold, or withdraw any type of medical treatment or procedure, even though my death WEDNESDAY, FEBRUARY 21, 1990 1465 may ensue. My agent shall have the same access to my medical records that I have, includ ing the right to disclose the contents to others. My agent shall also have full power to make a disposition of any part or all of my body for medical purposes, authorize an autopsy of my body, and direct the disposition of my remains. THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY DECISION YOU COULD MAKE TO OBTAIN OR TER MINATE ANY TYPE OF HEALTH CARE, INCLUDING WITHDRAWAL OF NOUR ISHMENT AND FLUIDS AND OTHER LIFE-SUSTAINING OR DEATH-DELAYING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL RULES TO LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE AUTOPSY, OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING PARAGRAPHS. 2. The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations you deem appropriate, such as your own definition of when life-sustaining or death-delaying measures should be withheld; a direction to continue nourishment and fluids or other life-sustaining or death-delaying treatment in all events; or instructions to refuse any specific types of treatment that are inconsistent with your religious beliefs or unacceptable to you for any other reason, such as blood transfusion, electroconvulsive therapy, or amputation): THE SUBJECT OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT IS OF PARTICULAR IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT, SOME GENERAL STATEMENTS CONCERNING THE WITH HOLDING OR REMOVAL OF LIFE-SUSTAINING OR DEATH-DELAYING TREAT MENT ARE SET FORTH BELOW. IF YOU AGREE WITH ONE OF THESE STATE MENTS, YOU MAY INITIAL THAT STATEMENT, BUT DO NOT INITIAL MORE THAN ONE: I do not want my life to be prolonged nor do I want life-sustaining or death-delaying treat ment to be provided or continued if my agent believes the burdens of the treatment out weigh the expected benefits. I want my agent to consider the relief of suffering, the expense involved, and the quality as well as the possible extension of my life in making decisions concerning life-sustaining or death-delaying treatment. Initialed ---------------------- I want my life to be prolonged and I want life-sustaining or death-delaying treatment to be provided or continued unless I am in a coma, including a persistent vegetative state, which my attending physician believes to be irreversible, in accordance with reasonable medical standards at the time of reference. If and when I have suffered such an irreversible coma, I want life-sustaining or death-delaying treatment to be withheld or discontinued. Initialled I want my life to be prolonged to the greatest extent possible without regard to my condi tion, the chances I have for recovery, or the cost of the procedures. Initialed THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANNER WHILE YOU ARE ABLE TO DO SO. IN THE AB SENCE OF AN AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH AND WILL CON TINUE BEYOND YOUR DEATH IF ANATOMICAL GIFT, AUTOPSY, OR DISPOSI TION OF REMAINS IS AUTHORIZED, UNLESS A LIMITATION ON THE BEGIN- 1466 JOURNAL OF THE SENATE NING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF THE FOLLOWING: 3. ( ) This power of attorney shall become effective on (insert a future date or event during your lifetime, such as court determination of your disability, incapacity, or incompetency, when you want this power to first take effect). 4. ( ) This power of attorney shall terminate on (insert a future date or event, such as court determination of your disability, incapacity, or incompetency, when you want this power to terminate prior to your death). IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND AD DRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH: 5. If any agent named by me shall die, become legally disabled, incapacitated, or incom petent, or resign, refuse to act, or be unavailable, I name the following (each to act succes sively in the order named) as successors to such agent: IF YOU WISH TO NAME A GUARDIAN OF YOUR PERSON IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY INSERTING THE NAME OF SUCH GUARDIAN IN THE FOLLOWING PARAGRAPH. THE COURT WILL APPOINT THE PERSON NOMI NATED BY YOU IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. YOU MAY, BUT ARE NOT RE QUIRED TO, NOMINATE AS YOUR GUARDIAN THE SAME PERSON NAMED IN THIS FORM AS YOUR AGENT. 6. If a guardian of my person is to be appointed, I nominate the following to serve as such guardian: (insert name and address of nominated guardian of the person) 7. I am fully informed as to all the contents of this form aind understand the full import of this grant of powers to my agent. Signed . (Principal) The principal has had an opportunity to read the above form and has signed the above form in our presence. We, the undersigned, each being over 18 years of age, witness the principal's signature at the request and in the presence of the principal, and in the presence of each other, on the day and year above set out. Witnesses: Addresses: YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS. Specimen signatures of agent and successor(s) I certify that the signature of my agent and successor(s) is correct. (Agent) (Principal) WEDNESDAY, FEBRUARY 21, 1990 1467 (Successor agent) (Principal) (Successor agent) (Principal)' (b) The foregoing statutory health care power of attorney form authorizes, and any different form of health care agency may authorize, the agent to make any and all health care decisions on behalf of the principal which the principal could make if present and under no disability, incapacity, or incompetency, subject to any limitations on the granted powers that appear on the face of the form, to be exercised in such manner as the agent deems consistent with the intent and desires of the principal. The agent will be under no duty to exercise granted powers or to assume control of or responsibility for the principal's health care; but, when granted powers are exercised, the agent will be required to use due care to act for the benefit of the principal in accordance with the terms of the statutory health care power and will be liable for negligent exercise. The agent may act in person or through others reasonably employed by the agent for that purpose but may not delegate authority to make health care decisions. The agent may sign and deliver all instruments, negotiate and enter into all agreements, and do all other acts reasonably necessary to imple ment the exercise of the powers granted to the agent. Without limiting the generality of the foregoing, the statutory health care power form shall, and any different form of health care agency may, include the following powers, subject to any limitations appearing on the face of the form: (1) The agent is authorized to consent to and authorize or refuse, or to withhold or withdraw consent to, any and all types of medical care, treatment, or procedures relating to the physical or mental health of the principal, including any medication program, surgical procedures, life-sustaining or death-delaying treatment, or provision of nourishment and fluids for the principal, but not including psychosurgery, sterilization, or involuntary hospitalization or treatment covered by Title 37; (2) The agent is authorized to admit the principal to or discharge the principal from any and all types of hospitals, institutions, homes, residential or nursing facilities, treatment centers, and other health care institutions providing personal care or treatment for any type of physical or mental condition, but not including psychosurgery, sterilization, or involun tary hospitalization or treatment covered by Title 37; (3) The agent is authorized to contract for any and all types of health care services and facilities in the name of and on behalf of the principal and to bind the principal to pay for all such services and facilities, and the agent shall not be personally liable for any services or care contracted for on behalf of the principal; (4) At the principal's expense and subject to reasonable rules of the health care pro vider to prevent disruption of the principal's health care, the agent shall have the same right the principal has to examine and copy and consent to disclosure of all the principal's medi cal records that the agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, hospital, nursing home, or other health care provider, notwithstanding the provisions of any statute or other rule of law to the contrary; and (5) The agent is authorized to direct that an autopsy of the principal's body be made; to make a disposition of any part or all of the principal's body pursuant to Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act,' as now or hereafter amended; and to direct the disposition of the principal's remains. 31-36-11. This chapter applies to all health care providers and other persons in relation to all health care agencies executed on and after July 1, 1990. This chapter supersedes all other provisions of law or parts thereof existing on July 1, 1990, to the extent such other provisions are inconsistent with the terms and operation of this chapter, provided that this chapter does not affect the provisions of law governing emergency health care. If the princi- 1468 JOURNAL OF THE SENATE pal has a living will under Chapter 32 of this title, as now or hereafter amended, the living will shall not be operative so long as an agent is available who is authorized by a health care agency to deal with the subject of life-sustaining or death-delaying procedures for and on behalf of the principal. Furthermore, unless the health care agency provides otherwise, the agent who is known to the health care provider to be available and willing to make health care decisions for the patient has priority over any other person, including any guardian of the person, to act for the patient in all matters covered by the health care agency. 31-36-12. This chapter does not in any way affect or invalidate any health care agency executed or any act of an agent prior to July 1, 1990, or affect any claim, right, or remedy that accrued prior to July 1, 1990. 31-36-13. This chapter is wholly independent of the provisions of Title 53, relating to wills, trusts, and the administration of estates, and nothing in this chapter shall be con strued to affect in any way the provisions of said Title 53." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Coleman Dawkins Deal Dean Edge Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Land Langford McKenzie Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Those voting in the negative were Senators: Barker Burton Collins English Those not voting were Senators: Albert Brannon Broun Clay Echols Egan Fincher Johnson Kidd Perry Scott of 2nd Walker On the passage of the bill, the yeas were 40, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, FEBRUARY 21, 1990 1469 Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Cl. ay Coleman Collins Dawkins Deal Dean Edge Egan English Engram Fincher Foster Fuller Garner ,, H"aamrrmisi11 Howard Huggins Land Langford Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan Of Scott of 2nd S01c_ott o,f 36th fumake btarr Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Albert Brannon Echols Johnson Kennedy (presiding) Kidd McKenzie Perry Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption: 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. 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: 1470 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Allgood Baldwin Barker Bames Broun Burton p ,y p f.man Dawkins Deal Dean Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford Newbill Olmstead Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Turner Tysinger Those not voting were Senators: Albert BBEcorahwnoenlnson Kennedy (presiding) Kidd MPacrKk, eernzie Perry Shumake Stumbaugh Timmons Walker On the adoption of the resolution, the yeas were 43, nays 0. The resolution having received the requisite constitutional majority, was adopted. 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. 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 Broun Bu,rton C?.man nv Ded Dean Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Land Langford Newbill Olmstead Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Those not voting were Senators: Albert Barnes Bowen Brannon Clay Echols WEDNESDAY, FEBRUARY 21, 1990 1471 Gillis Kennedy (presiding) Kidd McKenzie Parker Perry Shumake Starr Taylor Walker On the adoption of the resolution, the yeas were 40, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 699. By Senator Baldwin of the 29th: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that neither computer programs nor computer software are subject to the provisions of said article; to define terms; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Broun Burton Clay Coleman Collins Deal Dean Egan English Engram Fincher Foster Gillis Hammill Harris Huggins Johnson Land Langford Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner Tysinger Those voting in the negative were Senators: Barnes Dawkins Newbill Stumbaugh Those not voting were Senators: Albert Bowen Brannon Echols Edge Fuller Garner Howard Kennedy (presiding) Kidd McKenzie Olmstead Parker Peevy Perry Shumake Taylor Walker On the passage of the bill, the yeas were 34, nays 4. The bill, having received the requisite constitutional majority, was passed. 1472 JOURNAL OF THE SENATE SB 701. By Senator Land of the 16th: A bill to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at grade crossings, so as to pro vide certain time limitations on the planning, acquisition, and installation of pro tective devices at grade crossings. The Senate Committee on Transportation offered the following substitute to SB 701: A BILL To be entitled an Act to amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads generally, so as to provide that a railroad may not require for its own protection that insurance or the flagging of trains be provided at the expense of the department, counties, municipalities, or their agents and contractors; to provide certain time limitations on the planning, acquisition, and installation of protective devices at grade crossings; to provide that upon the failure of a railroad com pany or companies to complete the acquisition and installation of protective devices after an order to proceed has been issued, the railroad company or companies shall be subject to certain civil penalties; to provide for civil actions to recover such penalties; to provide that the railroad will provide at its own expense regulation and control of railroad traffic when the department, a county, or a municipality performs any maintenance to a grade separa tion structure, protective device, or grade crossing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads generally, is amended by striking in its entirety subsection (b) of Code Section 32-6-191, relating to the responsibility for construction of new grade crossings and relocation of grade crossings, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Where a new grade crossing results from the construction of a new or relocated public road, the department, when such road is on the state highway system, a county, when such road is on its county road system, or a municipality, when such road is on its municipal street system, shall be responsible for and bear all expenses of the construction of such grade crossing. The railroad may impose such terms and conditions on the nature and man ner of construction of such a grade crossing, including the installation of protective devices, as may be reasonably necessary for the safety and convenience of the traveling public; pro vided, however, that a railroad may not require for its own protection that insurance or the flagging of trains be provided at the expense of the department, of any county, of any mu nicipality, or of their agents or contractors. While on the right of way of any railroad during the construction of any such grade crossing, employees or contractors of the department or any county or municipality shall be subject to such rules and regulations of the railroad as may be reasonably necessary for the protection of its traffic, passengers, property, and its safe operation." Section 2. Said part is further amended by striking in its entirety Code Section 32-6196, relating to the temporary use of railroad rights of way during construction or mainte nance, and inserting in lieu thereof a new Code Section 32-6-196 to read as follows: "32-6-196. All railroads shall permit the temporary use, free of cost, of so much of their rights of way as may be necessary during the construction or maintenance of any grade separation structures or any grade crossing or protective devices, provided that, whenever any employees or contractors of the department or of any county or municipality shall enter the right of way of any railroad, they shall be subject to any reasonable rules and regula tions such railroad may make for the protection of its traffic, employees, passengers, and operations; provided, further, that a railroad may not require for its own protection that insurance or the flagging of trains be provided at the expense of the department, of any county, of any municipality, or of their agents or contractors." WEDNESDAY, FEBRUARY 21, 1990 1473 Section 3. Said part is further amended by striking in its entirety subsection (a) of Code Section 32-6-200, relating to the installation of protective devices at grade crossings, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Whenever, in the judgment of the department in respect to the state highway sys tem, a county in respect to its county road system, or a municipality in respect to its munic ipal street system, such protection is reasonably necessary for the safety of the traveling public, the department or the county or the municipality may order the protection of a grade crossing by the installation of protective devices. Prompt notice of such order shall be given to the railroad or railroads involved; and within 20 days thereafter the representatives of the department, the county, or the municipality and of the railroad or railroads involved shall meet and, within 60 days, agree to a plan and specifications for the acquisition and installation of protective devices. When said agreement is reached or if an agreement is not reached within 60 days, the department, the county, or the municipality may order the rail road company or companies involved to proceed with the acquisition and installation of protective devices, as indicated in the plan and specifications accompanying its order. How ever, no work leading to the installation of protective devices at a grade crossing on a county or municipal public road system shall commence until and unless the plan and specifications for such device are approved by the department. It shall be the duty of the railroad or railroads to proceed with acquisition and installation of protective devices upon receipt of an order to that effect and to complete such acquisition and installation within 150 days thereafter." Section 4. Said part is further amended by adding at the end of Code Section 32-6-200, relating to the installation of protective devices at grade crossings, a new subsection (d) to read as follows: "(d) After the department, the county, or the municipality has ordered a railroad com pany or companies to proceed with the acquisition and installation of protective devices and the railroad company or companies fail to complete such acquisition and installation of pro tective devices as required by the order and during the time specified in subsection (a) of this Code section, the railroad company or companies shall each be liable civilly for a pen alty in the amount of $200.00. Each day that elapses following the expiration of the speci fied time period for the acquisition and installation of protective devices shall constitute a separate oifense. Such civil penalties shall be recoverable by a civil action brought in the name of the department, the county, or the municipality in any court of competent jurisdiction." Section 5. Said part is further amended by striking in its entirety subsection (a) of Code Section 32-6-201, relating to the regulation of traffic when necessary to perform mainte nance, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Whenever it is necessary for the department, a county, or a municipality to per form any maintenance in regard to a grade separation structure, protective devices, or grade crossing, responsibility for which is imposed on such department, county, or municipality by this part, and the regulation and control of railroad traffic is necessary for the performance of such maintenance, it shall be the duty of the railroad or railroads involved, after receiving notice, to assist the department, county, or municipality by providing at its own expense reasonable regulation and control of railroad traffic, having due regard to the needs of such traffic and to the public welfare." Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. 1474 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Albert Allgood Brannon Edge Kennedy (presiding) Kidd McKenzie Perry Shumake Starr 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Broun Burton Coleman Collins Dawkins Deal Egan English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Land Newbill Olmstead Parker Peevy Perry Phillips Pollard WEDNESDAY, FEBRUARY 21, 1990 1475 Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Turner Tysinger Those not voting were Senators: Albert Bowen Brannon Clay Dean Echols Edge Garner Kennedy (presiding) Kidd Langford McKenzie Shumake Starr Stumbaugh Taylor Timmons Walker On the passage of the bill, the yeas were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senator Walker of the 43rd offered the following amendment: Amend SB 729 as follows: Page 4, line 17 after "composed of add "four"; Page 4, line 20, after "the State School Superintendent" add "Commissioner of State Board of Technical and Adult Education". Senator Allgood of the 22nd moved that SB 729 be placed on the Table. On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 729 was placed on the Table. SR 416. By Senators Taylor of the 12th, Garner of the 30th, Turner of the 8th and Clay of the 37th: A resolution urging the Supreme Court to direct the implementation of crime prevention systems in all judicial circuits. The Senate Judiciary Committee offered the following amendment: Amend SR 416 by striking from line 1 of page 1 and from line 12 of page 2 the following: "direct", and inserting in lieu thereof the following: "encourage". 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 adoption of the resolution as amended, was agreed to. 1476 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Broun Burton PCQo,jljye.man Dawkins Deal Echols Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris H,,Huogwgamrds Johnson Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray SS,, ccootttt ooff,. 2,,3,,n6,dt,h Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Those not voting were Senators: Albert Bowen Brannon Dean Edge Kennedy (presiding) Kidd McKenzie Timmons Walker On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. SR 419. By Senators Perry of the 7th, Taylor of the 12th, Parker of the 15th and others: A resolution designating the Trans-South Parkway. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Broun . CDoealllms Echols Egan English Engram Fincher Fuller Garner Gillis Hammill Harris Huggins Johnson LLaanngdford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd gcott of 36th ,,^,humak, e Stumbaugh Tate T?ylor Timmons Turner Tysinger WEDNESDAY, FEBRUARY 21, 1990 1477 Those not voting were Senators: Albert Allgood Bowen Brannon Clay Dawkins Dean Edge Foster Howard Kennedy (presiding) Kidd McKenzie Starr Walker On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Perry of the 7th moved that SR 419 be immeditely transmitted to the House. On the motion, the yeas were 36, nays 4; the motion prevailed, and SR 419 was immedi ately transmitted to the House. SR 442. By Senators Parker of the 15th and Land of the 16th: A resolution creating the Columbus-Fort Benning Economic Impact Study Commission. Senators Land of the 16th and Parker of the 15th offered the following amendment: Amend SR 442 as follows: On page 2, line 5, strike "One member" and insert "Two members"; On page 2, line 4, delete "13" and insert "14". 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 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: Baldwin Barker Barnes Broun Burton lav CCoollleimnsan Dawkins Deal Echols Egan English Fincher Foster Fuller Garner Gfflis Harris Hward KHuidgdgins Land Langford Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th S0 ,humak, e Starr Tate Taylor Timmons Turner Tysinger Those voting in the negative were Senators: Engram Johnson Newbill Stumbaugh 1478 JOURNAL OF THE SENATE Those not voting were Senators: Albert Allgood Bowen Brannon Dean Edge Hammill Kennedy (presiding) McKenzie Scott of 2nd Walker On the adoption of the resolution, the yeas were 41, nays 4. The resolution, having received the requisite constitutional majority, was adopted as amended. Senator Parker of the 15th moved that SR 442 be immediately transmitted to the House. On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 442 was immedi ately transmitted to the House. Senator Land of the 16th moved that the following bill of the Senate, passed previously today, be immediately transmitted to the House: SB 701. By Senator Land of the 16th: A bill to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at grade crossings, so as to pro vide certain time limitations on the planning, acquisition, and installation of pro tective devices at grade crossings. On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 701 was immedi ately transmitted to the House. The following general resolution of the Senate and bills of the House, favorably re ported by the committees, were read the third time and put upon their passage: SR 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th WEDNESDAY, FEBRUARY 21, 1990 1479 Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Those not voting were Senators: Albert Bowen Brannon Dean Hammill Kennedy (presiding) McKenzie Starr Taylor Walker On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 1601. By Represenative 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. Senate Sponsor: Senator Ragan of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Bron 1urton Coleman Collins Dawkins Echols Edge English Engram Fincher Foster Garner Gillis Harris Howard Huggins ^80n fidd Land Langford Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake JUrr . Stumbaugh Tate Taylor Timmons Turner Tysinger Those voting in the negative were Senators: Deal Newbill Peevy Those not voting were Senators: Albert Bowen Brannon Dean Egan Fuller Hammill Kennedy (presiding) McKenzie Walker 1480 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 43, nays 3. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Fuller of the 52nd. 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 230 (LC 7 7418S) District Attorney Emeritus This bill would provide for a minimum annual state salary of $15,000 for any person holding the office of District Attorney emeritus. The bill also provides for an increase in the monthly salary by $15.00 for each full year which has elapsed from the date of appointment until July 1, 1990, if such increase in monthly salary would result in an annual salary greater than the minimum annual salary of $15,000. Additionally this annual salary could apply to the calculation of the amount of spouses' benefits. Provisions of this bill also specify terms of eligibility. If enacted, this bill would become effective on July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Sys tems Standards Law. The District Attorneys' Retirement Fund is closed to new members and consists of two active and fourteen retired members. The State makes no employer contributions for active members but rather appropriates funds to pay the benefits of retirees after they have first received a return of their individual employee contributions. While the fund does not have an actuary, the administrator of the Fund (The Department of Administrative Services) developed the following relevant findings 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 actuarial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will result from the bill. $ 579,025.62 (2) The amount of annual normal cost which will result from the bill. $ 57,600 (3) The employer contribution rate currently in effect. $ 199,102.08 (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 256,702.08 (5) The dollar amount of the increase in the annual employer WEDNESDAY, FEBRUARY 21, 1990 1481 contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 57,600 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 Barker Barnes Broun Burton lav Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris SOWard Huggms Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd jjay Scott of 2nd Scott of 36th ,,, . fumake ^tarr , Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Albert Bowen Brannon Dawkins Gillis Kennedy (presiding) Langford McKenzie Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Peevy the 48th. The Senate Committee on Special Judiciary offered the following amendment: Amend HB 67 by striking from lines 4, 20, and 25 of page 1 and line 7 of page 2 the following: "physical". 1482 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 35, 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: Allgood Baldwin Barker Barnes 5roun urton QL~o0,Ulye;mngan Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster FuUer Garner Gillis HHTTaamrrims ill Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard RR_aaggaann ooff, 31.,20. nthd. Scott of 2nd Starr Stumbaugh Tate Taylor Turner Tysinger Those not voting were Senators: Albert Bowen Brannon Kennedy (presiding) McKenzie Ray Scott of 36th Shumake Timmons 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 1181. By Represenatives 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. Senate Sponsor: Senator Dawkins of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan WEDNESDAY, FEBRUARY 21, 1990 1483 English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Albert Bowen Brannon Howard Kennedy (presiding) McKenzie Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1254. By Represenatives 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 postsecon dary educational institutions under that article; to change the short title. Senate Sponsor: Senator Scott of the 36th. The Senate Committee on Education offered the following substitute to HB 1254: A BILL To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the "Nonpublic Postsecondary Educational Institutions Act of 1990"; to provide for definitions; to provide for the regulation of proprietary schools and postsecondary educational institu tions; to provide for exemptions; to establish the Nonpublic Postsecondary Education Com mission; to provide for the selection, terms, qualifications, compensation, and expenses of members of the commission; to provide for the commission's organization, meetings, and vacancies; to establish the commission as a separate division of the Georgia Student Finance Commission; to assign the commission to the Georgia Student Finance Commission for ad ministrative purposes only; to provide that the commission shall be a budget unit of the executive branch of state government; to provide for the commission's duties and powers; to provide that the executive director of the Georgia Student Finance Commission shall be the executive director of the commission; to provide for the powers, duties, and responsibilities of the executive director; to provide for minimum and alternative standards for nonpublic postsecondary educational institutions; to prohibit certain conduct relating to nonpublic postsecondary educational institutions and postsecondary activities; to provide that certain contracts will be unenforceable; to provide for applications and forms; to provide for author ization for branch facilities; to provide for grants and denials of authorization to operate and the contents, terms, and conditions thereof; to provide for renewals of authorizations to operate; to require approval prior to making certain course offerings; to provide for the regu- 1484 JOURNAL OF THE SENATE lation of agents; to provide for agents' permits, applications, and terms and renewal of per mits; to provide for bonding requirements; to provide for fees; to provide for payment of costs of evaluation committees; to provide for denial of applications for authorization to operate and for agents' permits; to provide for denial of renewals and revocation of authori zation to operate and agents' permits; to provide for conditional permits and authorizations; to provide for administrative and judicial review of decisions of the commission and the executive directior; to provide for complaints against nonpublic postsecondary educational institutions and their agents and for cease and desist orders, restitution, and other discipli nary actions; to provide for preservation of records when certain operations may be discon tinued; to provide for enforcement and injunctive actions; to provide situations in which nonpublic postsecondary educational institutions become subject to jurisdiction of the courts of this state and provide for service of summons; to provide for funds and appropria tions; to provide for civil penalties and fines; to prohibit certain conduct and provide crimi nal penalties therefor; to continue in effect certain certificates of authorization and provide for transition; to provide for transfer of records, files, accounts, and related items to the newly created commission; to provide for the status of the executive director and other em ployees of the commission relative to the state merit system; to provide for retirement sys tem membership; to provide for statutory construction; to repeal specifically Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Postsecondary Educa tional Authorization Act of 1978," and Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Proprietary School Act"; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (3) of subsection (c) of Code Section 15-18-22, relating to use by district attorneys of law students, and inserting in its place a new paragraph to read as follows: "(3) 'Law school' means a law school within this state which is approved by the Ameri can Bar Association or which is authorized to operate under Code Section 20-3-250.8 or which was chartered and began operation in this state prior to February 10, 1937, and con tinued in operation in this state on July 1, 1970." Section 2. Said title is further amended by striking paragraph (3) of Code Section 1520-3, relating to definitions regarding law school legal aid clinics, and inserting in its place a new paragraph to read as follows: "(3) 'Law school' means a law school in this state which is approved by the American Bar Association or which is authorized to operate under Code Section 20-3-250.8, or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on March 28, 1967." Section 3. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding between Parts 1 and 2 of Article 7, relating to scholarships, loans, and grants, a new Part 1A to read as follows: "Part 1A 20-3-250.1. This part shall be known and may be cited as the 'Nonpublic Postsecondary Educational Institutions Act of 1990.' 20-3-250.2. As used in this part, the term: (1) 'Agent' means any person owning any interest in, employed by, or representing for remuneration a nonpublic postsecondary educational institution within or outside this state who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education offered by such institution, or who offers to award educational cre dentials, for remuneration, on behalf of any such institution, or who holds himself out to WEDNESDAY, FEBRUARY 21, 1990 1485 residents of this state as representing a nonpublic postsecondary educational institution for any such purpose. (2) 'Agent's permit' means a nontransferable written authorization issued to a natural person by the executive director which allows that person to solicit or enroll any resident of this state for education in a nonpublic postsecondary educational institution. (3) 'Authorization to operate,' or like term, means authorization by the commission to operate or to contract to operate a nonpublic postsecondary educational institution in this state or to conduct nonpublic postsecondary activities. (4) 'Certificate' means a diploma or similar document indicating satisfactory completion of training in a course offered by a proprietory school. (5) 'Commission' means the Nonpublic Postsecondary Education Commission provided for in Code Section 20-3-250.4. (6) 'Course' means any plan or program of instruction, whether conducted in person, by mail, or by any other method. (7) 'Date of notice' means the date the notice is mailed by the executive director. (8) 'Education' or 'educational services,' or like term, means, but it is not limited to, any class, course, or program of training, instruction, or study. (9) 'Educational credentials' means certificates, degrees, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers, or words which sig nify, purport, or are generally taken to signify enrollment, attendance, progress, or satisfac tory completion of the requirements or prerequisites for education at a nonpublic postsecon dary educational institution. (10) 'Executive director' means the executive director of the Georgia Student Finance Commission. (11) 'Entity' means, but is not limited to, any company, firm, society, association, part nership, corporation, or trust. (12) 'Nonpublic' means a private postsecondary educational institution not established, operated, or governed by the State of Georgia, or any public or private postsecondary insti tution legally operating in another state or nation that conducts postsecondary activities in Georgia or offers postsecondary instruction leading to a postsecondary degree or certificate granted to Georgia residents from a location outside Georgia by correspondence or any tele communications or electronic media technology. (13) 'Notice to the postsecondary educational institutions' means written correspon dence sent to the address of record for legal service contained in the application for a certifi cate of authorization as provided for in this part. (14) 'Owner' of a postsecondary educational institution means: (A) In the case of a postsecondary educational institution owned by an individual, that individual; (B) In the case of a postsecondary educational institution owned by a partnership, all full, silent, and limited partners; and (C) In the case of a postsecondary educational institution owned by a corporation, the corporation and each shareholder owning shares of issued and outstanding stock aggregating at least 10 percent of the total of the issued and outstanding shares. (15) 'Person' means any individual, firm, partnership, association, corporation, or other private entity. (16) 'Postsecondary degree' means a credential conferring on the recipient thereof the 1486 JOURNAL OF THE SENATE title of 'Associate,' 'Bachelor,' 'Master,' or 'Doctor,' or an equivalent title, signifying educa tional attainment based on: (A) Study; (B) A substitute for study in the form of equivalent experience or achievement testing; or (C) A combination of the foregoing, provided that, 'postsecondary degree' shall not in clude any honorary degree or other so-called 'unearned' degree. (17) 'Postsecondary activity' means awarding a postsecondary degree or certificate or conducting or offering study, experience, or testing for an individual, or certifying prior suc cessful completion by an individual of study, experience, or testing under the representation that the individual successfully completing the study, experience, or testing will be awarded therefor, at least in part, a postsecondary degree or certificate. (18) 'Postsecondary educational institution' means a postsecondary degree-granting nonpublic college or university or a proprietary school, offering instruction or educational services primarily to persons who have completed or terminated their secondary education or who are beyong the age of compulsory high school attendance or any sole proprietorship, group, partnership, venture, society, company, corporation, school, or consortium of colleges and universities that engages in, purports to engage in, or intends to engage in any type of postsecondary activity. (19) 'Proprietary school' or 'school' means any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within this state or solicits busi ness within this state and which is not specifically exempted by Code Section 20-3-250.3, and: (A) Which offers or maintains a course or courses of instruction or study; and (B) At which place of business such a course or courses of instruction or study are available through classroom instruction or correspondence, or both, to a person or persons for the purpose of training such person for work in a business, trade, or technical or indus trial occupation. (20) 'School employee' means any person, other than any 'owner' as defined in para graph (14) of this Code section, who directly or indirectly receives compensation from a postsecondary educational institution for services rendered. (21) 'Student' means any person who contracts to pay for and be the recipient of any course defined in paragraph (6) of this Code section. (22) 'Support' or 'supported' means the primary source or having as the primary source from which a school derives revenue to perform its operation. (23) 'Telecommunications or electronic media technology' means a delivery mode which utilizes but is not limited to television, video cassette or disc, film, radio, computer, or other supportive devices which build upon the audio-video format. (24) 'To grant' means awarding, selling, conferring, bestowing, or giving. (25) 'To offer' means, in addition to its usual meanings, advertising, publicizing, solicit ing, or encouraging any person, directly or indirectly, in any form, to perform the act described. (26) 'To operate' an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted and includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary activities within this state or from a location outside of this state by correspondence or by any telecommunications or electronic media technology. WEDNESDAY, FEBRUARY 21, 1990 1487 20-3-250.3. (a) The following education and postsecondary educational institutions are exempted from this part: (1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade; (2) Education sponsored by a bona fide trade, business, professional, or fraternal organ ization, so recognized by the commission, solely for that organization's membership or of fered on a no-fee basis, not granting degrees; (3) Education solely avocational or recreational in nature, as determined by the com mission, and institutions, not granting degrees, offering such education exclusively; (4) Postsecondary educational institutions established, operated, and governed by this state, its agencies, or its political subdivisions, as determined by the commission; (5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration; (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, ministerial training, or training for other church related work; (7) Nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools; (8) Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their dependents, or De partment of Defense employees and other civilian employees of that installation; (9) A school where the total instructional program is review or preparation for a specific examination and where the student's occupational training already makes the student eligi ble to sit for the examination; (10) Any nonpublic, nonprofit college or university whose principal office and campus are located in this state and its related graduate and professional programs, which has been in existence ten or more years as a nonpublic, nonprofit college or university prior to July 1, 1989, and has been recognized by a national or regional accrediting agency recognized by the United States Department of Education; and (11) A school regulated pursuant to the provisions of Title 43 shall be exempt only from the provisions of paragraph (2) of subsection (b) of Code Section 20-3-250.5, Code Section 20-3-250.6, and Code Section 20-3-250.11. (b) Except as otherwise provided in subsection (a) of this Code section, any nonpublic postsecondary educational institution whose students participate in either state or federally funded student financial aid programs is specifically covered by this part. 20-3-250.4 (a) There is established the Nonpublic Postsecondary Education Commis sion consisting of 12 members who shall be appointed by the Governor and confirmed by the Senate. One member shall be appointed from each congressional district and the re maining members shall be appointed as at-large members. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a suc cessor is appointed, confirmed, and qualified. Members may be appointed to succeed them selves but shall not serve for more than two full consecutive terms. 1488 JOURNAL OF THE SENATE (b) Two members of the commission shall be appointed to represent nonpublic postsecondary educational institutions and two members shall be appointed to represent nonpublic proprietary schools. The remaining members shall not be employed by or otherwise represent or have an interest in any nonpublic postsecondary educational institution or nonpublic proprietary school. (c) The commission shall elect from its members a chairperson, a vice chairperson, and such other officers as are considered necessary, each to serve for a one-year term. Officers may be elected to succeed themselves. (d) Vacancies on the commission, except those caused by expiration of term, shall be filled by the Governor's appointing a successor who meets the requirement for the vacated position and who shall be confirmed by the Senate to serve for the remainder of the unexpired term of office. (e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of at least six members of the commission. (f) The members of the commission shall serve without compensation, but on presenta tion of a voucher authorized by the chairperson of the commission and approved by the executive director, each member shall be entitled to receive for each day's expenses incurred while carrying out official commission business the same daily expense allowance and travel or mileage allowance as that authorized for members of the General Assembly. (g) A majority of the commission shall constitute a quorum for the conduct of business, but not less than six voting members must concur in order for the commission to take offi cial action. (h) Any person appointed to the commission when the Senate is not in session may serve on the commission without Senate confirmation until the Senate acts on that appointment. 20-3-250.5. (a) The commission shall be a separate division of the Georgia Student Fi nance Commission and is assigned to the Georgia Student Finance Commission for adminis trative purposes only. The commission shall be a budget unit of the executive branch of the state government. (b) The commission shall have the following powers and duties: (1) To establish and promulgate standards, rules, regulations, and policies for carrying out the provisions of this part and for the orderly operation of the commission. To effectu ate the purposes of this part, the commission may request from any department, division, board, bureau, commission, or other agency of the state, and such agency shall provide such information as will enable the commission to exercise properly its powers and perform its duties under this part; (2) To establish minimum criteria in conformity with Code Section 20-3-250.6, includ ing quality of education, ethical and business practices, health and safety, and fiscal respon sibility which applicants for authorization to operate or for an agent's permit shall meet before such authorization or permit may be issued, and to continue such authorization or permit in effect. The criteria to be developed under this paragraph shall be such as will effectuate the purposes of this part but will not unreasonably hinder legitimate educational innovation; (3) To negotiate and enter into interstate reciprocity agreements with similar agencies in other states if, in the judgment of the commission, such agreements are or will be helpful in effectuating the purposes of this part; but nothing contained in any such reciprocity agreement shall be construed as limiting the commission's or the executive director's pow ers, duties, and responsibilities with respect to investigating independently or acting upon any application for authorization to operate or for renewal of such authorization to operate a nonpublic postsecondary educational institution, or upon an application for issuance or renewal of any agent's permit, or with respect to the enforcement of any provision of this part, or of any of the rules or regulations promulgated under this part; WEDNESDAY, FEBRUARY 21, 1990 1489 (4) To promulgate rules, regulations, and procedures necessary or appropriate for the conduct of its work and the implementation of this part, and to hold such hearings as it may deem advisable or as required by law in developing such rules, regulations, and procedures, or in aid of any investigation or inquiry; (5) To delegate to the executive director such administrative powers and duties, in ad dition to those powers and duties of the executive director otherwise specified in this part, as may be reasonably necessary to carry out effectively this part and to establish such ad ministrative organization and procedures as may be reasonably necessary to carry out this part; (6) To exercise other powers and duties implied but not enumerated in this subsection but in conformity with this part which, in the judgment of the commission, are necessary in order to carry out this part; (7) To submit annually to the House University System of Georgia Committee, to the House and Senate Education Committees, and to the Senate Higher Education Committee an annual written report summarizing the activities of the commission in regard to its re sponsibilities, activities, and administration of this part; (8) To receive and hold title to property, equipment, money, and materials; and (9) To contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of services or activities the com mission deems necessary. (c) The executive director of the Georgia Student Finance Commission shall be the executive director of the commission. The executive director shall administer the provisions of this part as provided in this subsection and as provided by rules, regulations, and policies of the commission. The executive director shall have the following powers and duties: (1) To employ such personnel as may be necessary to carry out the provisions of this part and in connection therewith to develop job descriptions for such personnel; (2) To receive, investigate as he may deem necessary, and act upon applications for authorization to operate nonpublic postsecondary educational institutions and upon appli cations for agents' permits; (3) To maintain a list of nonpublic postsecondary educational institutions and agents authorized to operate in this state under this part. Such list shall be available for the infor mation of the public; (4) To receive and cause to be maintained as a permanent file copies of academic records in conformity with Code Section 20-3-250.17; (5) To investigate as he may deem necessary on his own initiative or in response to any complaint lodged with him any person, group, or entity subject to, or reasonably believed by him to be subject to, the jurisdiction of this part; and, in connection therewith, to subpoena any persons, books, records, or documents pertaining to such investigation, which subpoenas shall be enforceable by any court of this state; to require answers in writing under oath to questions propounded by him; and to administer an oath or affirmation to any person in connection with any investigation; and (6) To administer compliance with this part in accordance with standards, rules, regula tions, and policies of the commission. 20-3-250.6. (a) In establishing the criteria required by paragraph (2) of subsection (b) of Code Section 20-3-250.5, the commission shall observe and shall require compliance with the following minimum standards: (1) A nonpublic postsecondary educational institution must be maintained and oper ated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated in compliance with the following minimum standards: (A) That the quality and content of each course or program of instruction, training, or 1490 JOURNAL OF THE SENATE study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered; (B) That the institution has adequate space, equipment, library and physical facilities, instructional materials, and personnel to provide education of good quality; (C) That the education and experience qualifications of directors, administrators, su pervisors, and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study and that each instructor shall satisfactorily meet educational qualifications and other requirements estab lished by the commission; (D) That the institution provides students and other interested persons with a catalog or other written description containing information describing the programs offered; pro gram objectives; length of program; schedule of tuition, fees, and all other charges and ex penses necessary for completion of the course of study; cancellation and refund policies; prior year's enrollment, graduation, and job placement rates; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the executive director or defined in the rules and regulations of the commission; and that such information is provided to prospective students prior to enrollment; (E) That upon satisfactory completion of training, the student is given appropriate edu cational credentials by such institution indicating that such course or courses of instruction or study have been satisfactorily completed by said student; (F) That adequate records are maintained by the institution to show attendance, pro gress, or grades and that satisfactory standards are enforced relating to attendance, pro gress, and performance; (G) That the institution is maintained and operated in compliance with all pertinent ordiances and laws including rules and regulations, relative to the safety and health of all persons upon the premises; (H) That the institution is financially sound and capable of fulfilling its commitments to students; (I) That neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type which are false, deceptive, misleading, or unfair; (J) That the chief executive officer, trustees, directors, owners, administrators, supervi sors, staff, and instructors are of good reputation and character and that each institution has an education director who meets the requirements established by the commission for such position which requirements shall be substantially related to the predominant course offerings at that institution; (K) That the student housing owned, maintained, or approved by the institution, if any, is appropriate, safe, and adequate and meets all local fire, safety, and health codes; (L) That the institution has and maintains a reasonable and proper policy for the re fund of the unused portion of tuition, fees, housing or dormitory fees, and any other charges in the event a student enrolled by the school fails to begin a course or withdraws or is discontinued therefrom at any time prior to completion, which policy shall take into account those costs to the school that are not diminished by the failure of the student to enter or complete the course of instruction; (M) That the institution maintains a policy of allowing any student a minimum of 72 hours from the date of the contract or agreement to cancel any contract or rescind any agreement to become a student at the institution and that in the event of any such cancella tion or rescission, the student shall receive a refund of the total tuition and fees, if any, paid to the institution at the time of or in connection with the execution of the contract or agree ment and that such policy shall be a clearly stated part of any written contract or agreement required of students attending the institution; and WEDNESDAY, FEBRUARY 21, 1990 1491 (N) That the institution posts continuously in a conspicuous place a notice, in such form as required by the commission, which sets forth the procedures for filing a complaint with the commission for any alleged violation of this part. (2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a nonpublic postsecondary educational institution or in stitutions which meet the minimum standards established in this Code section and the cri teria established under paragraph (2) of subsection (b) of Code Section 20-3-250.5. (b) In lieu of the criteria set forth in subsection (a) of this Code section, or in addition thereto, the executive director, for good cause shown and with the advice of the commission, may amend, modify, substitute, or alter the terms of such criteria as necessary and advisable because of the specialized nature and objective of the operation of the postsecondary educa tional institution. 20-3-250.7. (a) No person, agent, group, or entity of whatever kind, alone or in concert with others, shall: (1) Operate in this state a nonpublic postsecondary educational institution, conduct postsecondary activities in this state, or offer postsecondary instruction leading to a postsecondary degree or certificate to Georgia residents from a location outside the state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization; (2) Offer, as or through an agent, enrollment or instruction in, or the granting of educa tional credentials from, a postsecondary educational institution not exempted from this part, whether such institution is within or outside this state, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this part; or accept con tracts or enrollment applications from an agent who does not have a current permit as re quired by this part; but the commission may promulgate rules and regulations to permit the rendering of legitimate public information services without such permit; (3) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, agent, group, or entity is located within or outside this state, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in Code Section 20-3-250.6, the criteria established by the commission pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and the rules and regulations adopted by the commission; (4) Use the term 'university' or 'college' without authorization to do so from the com mission; or (5) Grant, or offer to grant, postsecondary degrees, diplomas, certificates, or honorary or unearned degrees without authorization to do so from the commission. (b) No person, firm, or institution shall sell, barter, or exchange for any consideration or attempt to sell, barter, or exchange for any consideration any postsecondary degree, di ploma, or certificate. (c) No person, firm, or institution shall use, or attempt to use, in connection with any business, trade, profession, or occupation any postsecondary certificate, degree, or certifica tion of degree or degree credit including, but not limited to, a transcript of course work, which the person, firm, or institution knows was fraudulently issued, obtained, forged, or materially altered. (d) Any contract entered into with any person for any course of instruction by or on behalf of any owner, school employee, or representative of a nonpublic postsecondary educa tional institution subject to this part to which a certificate of authorization has not been issued shall be unenforceable in any action brought thereon. 20-3-250.8. (a) Each nonpublic postsecondary educational institution desiring to operate 1492 JOURNAL OF THE SENATE or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institu tion, containing the information specified in subparagraph (a)(l)(D) of Code Section 20-3250.6, including information required by rules and regulations of the commission. Such ap plication shall also be accompanied by evidence of a surety bond as required by Code Sec tion 20-3-250.10 and payment of the fees specified in Code Section 20-3-250.11. (b) A nonpublic postsecondary educational institution shall not operate or conduct postsecondary activities in any building in which that institution did not previously operate or conduct postsecondary activities unless the institution obtains authorization to operate or conduct those activities in that building as a branch facility. An application for authoriza tion to operate any branch facility shall be accompanied by catalogs, other written docu ments, evidence of bond, and payment of fees as required for an initial application pursuant to subsection (a) of this Code section. (c) Following review of such application and any further information submitted by the applicant or required by the executive director, an on-site inspection of the physical facility at which the institution will be operating, if located in this state, and such investigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny authorization to operate to the applicant. A grant of authorization to operate may be on such terms and conditions as the executive director may specify. (d) The authorization to operate shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information: (1) The date of issuance, effective date, and term of authorization; (2) The correct name and address of the institution so authorized; (3) The authority for authorization and conditions thereof; (4) Any limitation of the authorization, as deemed necessary by the executive director; (b) The signature of the executive director or such person as may have been designated by the executive director; and (6) Any other fair and reasonable representations consistent with this part and deemed necessary by the executive director. (e) The term for which authorization is given shall not extend for more than one year and may be issued for a lesser period of time. (f) The authorization to operate shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change in ownership of the institution, a new owner or governing body must, within ten days after the change in ownership, apply for a new authorization to operate; and in the event of a failure to do so, the institution's authorization to operate shall terminate. Application for a new authoriza tion to operate by reason of change in ownership of the institution shall, for purposes of subsection (b) of Code Section 20-3-250.12, be deemed an application for renewal of the institution's authorization to operate. (g) At least 90 days prior to the expiration of an authorization to operate, the institu tion shall complete and file with the executive director an application form for renewal of its authorization to operate. Such renewal application shall be reviewed and acted upon as pro vided in subsections (c) through (f) of this Code section. (h) An institution not yet in operation when its application for authorization to operate is filed may not begin operation or conduct any postsecondary activities until receipt of authorization. (i) Each nonpublic postsecondary educational institution which has been granted an WEDNESDAY, FEBRUARY 21, 1990 1493 authorization to operate or conduct postsecondary activities in this state shall obtain ap proval from the executive director before it offers any course not offered by the institution at the time its initial authorization was granted or upon July 1, 1991, whichever is later. The commission by regulation shall establish procedures and standards for approval of such ad ditional course offerings. 20-3-250.9. (a) Each person desiring to solicit or perform the services of an agent in this state shall make application to the executive director upon forms to be provided by the commission. Such application shall be accompanied by evidence of the good reputation and character of the applicant in a form to be prescribed by the commission and shall state the institution or institutions which the applicant intends to represent. An agent representing more than one institution must obtain a separate agent's permit for each institution repre sented, but when an agent represents institutions having a common ownership, only one agent's permit shall be required with respect to such institutions. In the event any institu tion which the applicant intends to represent does not have authorization to operate in this state, such application shall be accompanied by the information required of institutions making application for such authorization. Such application for an agent's permit shall also be accompanied by evidence of a surety bond as required by Code Section 20-3-250.10 and payment of the fees specified by Code Section 20-3-250.11. (b) Following review of such application and any further information submitted by the applicant or required by the executive director and such investigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny an agent's permit to the applicant. (c) The agent's permit shall be in a form approved by the commission and shall state in a clear and conspicuous manner at least the following information: (1) The date of issuance, effective date, and term; (2) The correct name and address of the agent; and (3) The institution or institutions which such agent is authorized to represent. (d) The term for which an agent's permit is issued shall not extend for more than one year and may be issued for a lesser period of time. (e) At least 60 days prior to the expiration of an agent's permit, the agent shall com plete and file with the executive director an application form for renewal of the permit. Such renewal application shall be reviewed and acted upon as provided in subsections (b) through (d) of this Code section. 20-3-250.10. (a) At the time an initial application or application for a branch facility is made for authorization to operate, the executive director shall require the nonpublic postsecondary educational institution making such application to file with the executive director a good and sufficient surety bond in such sum as determined by subsection (b) of this Code section. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to pro vide indemnification to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by such nonpublic postsecondary educational institution and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, the minimum amount of the bond required by subsection (a) of this Code section shall be based on the total maximum head count enrollment of the nonpublic postsecondary educational institu tion during the previous year or on the estimated head count enrollment for the current year, whichever is larger, and shall be as follows: 1494 JOURNAL OF THE SENATE Maximum Enrollment Minimum Bond 0-50 ..............................................................$ 51-100............................................................. 101-200............................................................. 201-300............................................................. 301-400............................................................. 401 and over ........................................................ 20,000.00 30,000.00 50,000.00 75,000.00 100,000.00 150,000.00 (2) As an alternative to the amount of the bond determined under paragraph (1) of this subsection, the nonpublic postsecondary educational institution shall have the option of fil ing a bond in an amount equal to total tuition collected by the institution during the previ ous year or the estimated total tuition for the current year, whichever is larger; provided, however, the amount so determined shall be rounded off to the next highest $1,000.00. (c) An application for an agent's permit shall be accompanied by a good and sufficient surety bond in a penal sum of $5,000.00. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond may be in blanket form to cover more than one agent for a postsecondary educational institution, but it shall cover each agent for such institution in a penal sum of $5,000.00. The bond shall be conditioned to provide indemnification to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by said agent and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous. (d) If the bond filed with the initial application to operate remains in effect, it shall be sufficient when an application is made for the renewal of authorization to operate, unless the amount of the bond must be increased because of increased enrollment to comply with requirements of subsection (b) of this Code section. (e) The surety bond to be filed under this Code section shall cover the period of the authorization to operate or the agent's permit, as appropriate, except when a surety shall be released as provided in this Code section, A surety on any bond filed under this Code sec tion may be released therefrom after such surety shall serve written notice thereof on the executive director at least 30 days prior to such release; but such release shall not discharge or otherwise affect any claim theretofore or thereafter filed by a student or enrollee or that person's parent or guardian or class thereof for loss or damage resulting from any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto alleged to have occurred while such bond was in effect or from an institution's ceas ing operations during the term for which tuition has been paid while such bond was in force. (f) Authorization for an institution to operate and an agent's permit shall be suspended by operation of law when such institution or agent is no longer covered by a surety bond as requried by this Code section, but the executive director shall cause such institution or agent, or both, to receive at least 30 days' written notice prior to the release of the surety to the effect that such authorization or permit shall be suspended by operation of law until another surety bond shall be filed in the same manner and like amount as the bond being terminated. (g) In lieu of the surety bond provided for in subsections (a) and (b) of this Code sec tion, the commission by rule or regulation may authorize the director to accept a property bond when a principal of the nonpublic postsecondary educational institution owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section. 20-3-250.11. (a) Fees shall be collected by the executive director in such amounts as shall be established by the commission so that the total amount of those fees charged in WEDNESDAY, FEBRUARY 21, 1990 1495 each fiscal year of the commission shall approximate the total of the direct and indirect costs to the state of the operation of the commission for the immediately preceding fiscal year. The commission shall establish separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educational institu tions based upon the commission's actual or projected costs to perform its duties and re sponsibilities with regard to those categories of institutions and, within those categories, based upon actual or projected enrollment of those institutions. The commission shall also establish initial and renewal fees for agents' permits. All fees collected pursuant to this part shall be deposited in the state treasury to the credit of the general fund, and no fees col lected under this part shall be subject to refund. The fees to be collected by the commission under this part shall accompany an application for authorization to operate or an agent's permit. (b) The commission will pay all costs for evaluation committees that may be necessary to implement this part. 20-3-250.12 (a) If the executive director, upon review and consideration of an applica tion for authorization to operate or for an agent's permit or for renewal thereof, shall deter mine that the applicant fails to meet the criteria established as provided in this part, the executive director shall so notify the applicant, setting forth the reasons therefor in writing, and shall deny the application. (b) The executive director may grant to an applicant for renewal an extension of time of reasonable duration in which the applicant may eliminate the reason or reasons for denial contained in the statement of denial, if the applicant has demonstrated to the satisfaction of the executive director its or his desire to meet the requirements of Code Section 20-3-250.6 and the criteria established pursuant to paragraph (2) of subsection (b) of Code Section 203-250.5, and if in the judgment of the executive director it would be reasonably possible for the applicant to meet such requirements and criteria within such time. (c) In the event the executive director denies an application for an agent's permit or for renewal thereof, he shall notify the institution or institutions which such agent represented or proposed to represent, according to the records of the commission, including the reasons therefor. 20-3-250.13. (a) An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the executive director has reasonable cause to believe that the holder of such authorization or permit has violated or is violating this part or any rules and regulations promulgated pursuant thereto. Prior to such revocation or imposition of condition, the executive director shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder of a permit that if a hearing is requested, in writing, within ten days of receipt of such notice, the executive director shall set a time and place for a hearing at which the holder of the authorization or permit may be heard in response to the allegation of noncompliance with this part or rules and regulations promulgated pursuant to this part. (b) If a hearing is requested as provided in subsection (a) of this Code section, such hearing shall be conducted as provided in subsection (d) of Code Section 20-3-250.15, and the holder of the authorization or permit shall have the rights set forth in that Code section. The decision of the commission shall be made as provided in subsection (e) of Code Section 20-3-250.15 and shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. In the event an agent's permit is revoked or a condition is im posed thereon, the executive director shall notify the institution or institutions which such agent was permitted to represent, as shown in the records of the commission, in addition to the notice required to be given to the agent and any other parties to the hearing. 20-3-250.14. (a) Any person claiming damage or loss as a result of any act or practice by a nonpublic postsecondary educational institution or its agent, or both, which is a violation of this part or of the rules and regulations promulgated pursuant thereto may file with the 1496 JOURNAL OF THE SENATE executive director a verified complaint against such institution or against its agent, or both. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the executive director by the commission's representatives or by the Attorney General. A complainant may also file with the executive director as a representative of a class of complainants. (b) The executive director shall investigate any such complaint and may, at his discre tion, attempt to effectuate a settlement by persuasion and conciliation. The executive direc tor may consider a complaint after ten days' written notice sent by registered or certified mail, return receipt requested, to such institution or to such agent, or both, as appropriate, giving notice of a time and place for hearing thereon. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) If, based upon all the evidence at a hearing, the executive director shall find that a nonpublic postsecondary educational institution or its agent, or both, have engaged in or are engaging in any act or practice which violates this part or the rules and regulations promul gated pursuant thereto, the executive director shall issue and cause to be served upon such institution or agent, or both, an order requiring such institution or agent, or both, to cease and desist from such act or practice. Additionally, if the executive director shall find that the complainant or class of complainants has suffered loss or damage as a result of such act or practice, the executive director may, at his discretion, award the complainant or class of complainants full or partial restitution for such damage or loss and may impose the penal ties provided for in Code Section 20-3-250.21. The executive director may also, as appropri ate, based on his own investigation or the evidence adduced at such hearing or on the basis of such investigation and evidence, commence an action to revoke an institution's authoriza tion to operate or revoke an agent's permit. 20-3-250.15. (a) Any person aggrieved by a decision of the executive director respecting denial of an authorization to operate or of an agent's permit or the placing of conditions thereon, whether on initial application or on application for renewal, or by a decision of the executive director revoking an institution's authorization to operate or an agent's permit and any person aggrieved by the imposition of a penalty by the executive director under Code Section 20-3-250.21 shall have the right to a hearing and review of such decision by the commission as provided in this Code section. (b) If, upon written notification of any such action taken by the executive director, the aggrieved party desires a hearing and review, such party shall notify the executive director, in writing, within ten days after the giving of notice of such action; otherwise such action shall be deemed final. (c) Upon receiving such notice from the aggrieved party, the executive director, after consultation with the commission, shall fix the time and place for a hearing by the commis sion and shall notify the aggrieved party thereof. (d) At such hearing the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition or in ex tenuation. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any member of the commission may preside except where a clear conflict of interest may be demonstrated. (e) A decision of the commission following a hearing, or on expiration of the time for demand of a hearing if no such demand is filed, shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. All matters presented by hearing as provided in this Code section shall be acted upon promptly by the commission, and the commission shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof. 20-3-250.16. (a) Any person aggrieved or adversely affected by any final action of the commission may obtain judicial review of such action as provided in this Code section. WEDNESDAY, FEBRUARY 21, 1990 1497 (b) An action for judicial review may be commenced in any court of competent jurisdic tion within 30 days after the commission's action becomes effective. (c) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review, or the reviewing court, upon application therefor and upon such terms and upon such secur ity, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings. (d) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the commission and the decision, findings, and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court. (e) If the court finds no error, it shall affirm the commission's action. If it finds that such action was: (1) Arbitrary or capricious; (2) A denial of a statutory right; (3) Contrary to constitutional right, power, privilege, or immunity; (4) In excess of statutory jurisdiction, authority, purposes, or limitation; (5) Not in accord with the procedures or procedural limitations of this part or other wise required by law; (6) An abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole; or (7) Otherwise contrary to law, then the court shall hold unlawful and set aside the commission's action and afford such relief as may be appropriate. (f) The decision of the trial court shall be subject to appellate review in the same man ner and with the same effect as in appeals from a final judgment or decree in any other civil action. 20-3-250.17. In the event any nonpublic postsecondary educational institution now or hereafter operating in this state proposes to discontinue its operations, the chief administra tive officer, by whatever title designated, of such institution shall cause to be filed with the executive director the original or legible true copies of all such academic records of such institution as may be specified by the executive director. Such records shall include, at a minimum, such information as is customarily required by colleges or proprietary schools when considering students for transfer or advanced study and, as a separate document, the academic record of each former student. In the event it appears to the executive director that any such records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the executive director, the executive director may, with court order, seize and take possession of such records, subject to the confidentiality accorded normal school records. The executive director shall maintain or cause to be maintained a permanent file of such records coming into his possession. 20-3-250.18. (a) The Attorney General of this state or the district attorney of any judi cial circuit in which a nonpublic postsecondary educational institutional or an agent thereof is found, at the request of the executive director or on his own motion, may bring any ap propriate action or proceeding in any court of competent jurisdiction for the enforcement of this part. (b) Whenever it shall appear to the executive director that any person, agent, group, or entity is about to violate or has been violating any of the provisions of this part or any of the lawful rules, regulations, or orders of the executive director, the executive director may, 1498 JOURNAL OF THE SENATE on his own motion or on the written complaint of any person, file a petition for injunction in the name of the commission in any court of competent jurisdiction in this state against such person, group, or entity for the purpose of enjoining such violation or for an order directing compliance with this part and all rules, regulations, and orders issued pursuant thereto. It shall not be necessary that the executive director allege or prove that he has no adequate remedy at law. The right of injunction provided in this Code section shall be in addition to any other legal remedy which the executive director has and shall be in addition to any right of criminal prosecution provided by law, but the executive director shall not obtain a tem porary restraining order without notice to the person, group, or entity affected. The exis tence of an action of the executive director with respect to alleged violations of this part shall not operate as a bar to an action for injunctive relief pursuant to this Code section. 20-3-250.19. Any nonpublic postsecondary educational institution not exempt from this part, whether or not a resident of or having a place of business in this state, which conducts postsecondary activities or which instructs or educates or offers to instruct or educate, en rolls or offers to enroll, or contracts or offers to contract to provide instructional or educa tional services in this state, whether such instruction or services are provided in person or by correspondence or by telecommunications or electronic media technology, to a resident of this state or which offers to award or awards any educational credentials to a resident of this state submits such institution and, if a natural person, his personal representative to the jurisdiction of the courts of this state concerning any cause of action arising therefrom and for the purpose of enforcement of this part by injunction pursuant to Code Section 20-3250.18. Service of process upon any such institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' within the same force and effect as if the summons had been personally served within this state. Nothing contained in this Code section shall limit or affect the right to serve any process as prescribed by Chapter 11 of Title 9. 20-3-250.20. The commission, through the executive director, shall request funds for the administration of this part, and the General Assembly shall appropriate such funds as deemed adequate and necessary. 20-3-250.21. Any person, group, or entity or any owner, officer, agent, or employee thereof who shall willfully violate Code Section 20-3-250,7 or who shall fail or refuse to deposit with the executive director the records required by Code Section 20-3-250.17 shall be subject to a civil penalty not to exceed $1,000.00 for each violation. Each day's failure to comply with such Code sections shall be a separate violation. Such fine may be imposed by the executive director in an administrative proceeding or by any court of competent juris diction. The commission shall adopt a schedule of regularly imposed fines for violations of this part and shall have such schedule published by the executive director. 20-3-250.22. (a) No person shall: (1) Operate a nonpublic postsecondary educational institution without a certificate of authorization issued by the executive director or use the words 'college' or 'university' in the name of such institution located in Georgia unless it was doing so prior to July 1, 1985, or is otherwise authorized to do so under this part; (2) Solicit prospective students without being bonded as required in Code Section 20-3250.10; (3) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering or publicizing of a course, if such person knows or reasonably should have known the statement or representation to be false, deceptive, substantially in accurate, or misleading; (4) Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by a course, unless the promiser or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a specified period of time in a business or other WEDNESDAY, FEBRUARY 21, 1990 1499 enterprise regularly conducted by him and if such information, training, or skill is a normal condition of employment; or (5) Do any act constituting part of the conduct or administration of a course or the obtaining of students thereof, if such person knows or reasonably should know that any phase or incident of the conduct or administration of the course is being carried on by the use of fraud, deception, or other misrepresentation or by any person soliciting students without a permit. (b) Any person, group, or entity or any owner, officer, agent, or employee thereof who willfully violates Code Section 20-3-250.7 or subsection (a) of this Code section, or who will fully fails or refuses to deposit with the executive director the records required by Code Section 20-3-250.17 shall be guilty of a misdeameanor. Each day's failure to comply with such Code sections shall be a separate violation. Such criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the Attorney General or a district attorney pursuant to Code Section 20-3-250.18. 20-3-250.23. All certificates of authorization previously issued under either Article 3 of this chapter, the 'Postsecondary Educational Authorization Act of 1978,' or Article 4 of Chapter 4 of this title, the 'Georgia Proprietary School Act,' as such articles and provisions existed immediately prior to July 1, 1991, shall remain valid until their expiration date or until such certificate can be renewed in accordance with the terms of this part and the rules, regulations, and standards of the commission. The commission is authorized to adopt in terim rules and regulations to allow for the transition to this part for institutions regulated under the aforementioned articles. 20-3-250.24. All employees of the commission shall be subject to and covered by Article 1 of Chapter 20 of Title 45, but the position of executive director and such other employee positions as may be determined by the commission to be exempt from the classified service pursuant to that article shall be exempt unclassified positions, and the commission shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions. All full-time employees of the commission shall be members of the Employees' Retirement System of Georgia, except for members of the Teachers Retirement System of Georgia who, without any break in service, become full-time employees of the commission. Such employees shall continue as members of the Teachers Retirement System of Georgia. 20-3-250.25. All records, files, accounts, and related items utilized in the administration of the 'Georgia Proprietary School Act,' or the 'Postsecondary Educational Authorization Act of 1978,' are transferred from the State Board of Education to the commission and executive director. 20-3-250.26. Nothing in this part shall be construed to limit a state examining board's authority, as granted by Title 43, to regulate and govern the curriculum, course require ments, instructor qualifications, and other educational activities of nonpublic postsecondary educational institutions." Section 4. Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Postsecondary Educational Authorization Act of 1978" is repealed in its entirety and the following is substituted in lieu of said repealed article: "ARTICLE 3 RESERVED". Section 5. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Proprietary School Act," is repealed in its entirety and the following is substi tuted in lieu of said repealed article: "ARTICLE 4 RESERVED". Section 6. This Act shall become effective on July 1, 1991, except that this Act shall be 1500 JOURNAL OF THE SENATE effective on July 1, 1990, for the purpose of allowing the Governor to screen and select persons for appointment to the Nonpublic Postsecondary Education Commission on July 1, 1991, and for the purpose of beginning the transfer of records, files, and accounts as speci fied in Code Section 20-3-250.25 and for other administrative purposes as necessary to pre pare for the implementation of this Act on July 1, 1991. Section 7. All laws and parts of laws in conflict with this Act are repealed. Senators Scott of the 36th, Foster of the 50th, Starr of the 44th and others offered the following amendment: Amend the substitute to HB 1254 offered by the Senate Committee on Education by striking the word "and" where it appears in line 9 on page 11. By striking the period at the end of line 14 on page 11 and inserting in lieu thereof the following: "; and ". By adding between lines 14 and 15 on page 11 a new paragraph (12) to read as follows: "(12) Any liberal arts college or university whose principal office and campus are lo cated in this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is either a candidate for accreditation or accredited by a regional or national accrediting agency recognized by the United States Department of Education." On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted. Senator Burton of the 5th offered the following amendment: Amend the substitute to HB 1254 offered by the Senate Committee on Education on page 34, line 26 after the words "hearing by the commission" add the words "within 30 days". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. Senators Scott of the 36th and Howard of the 42nd offered the following amendment: Amend the substitute to HB 1254 offered by the Senate Committee on Education by striking all matter appearing in lines 1 through 9 on page 11 and inserting in lieu thereof the following: "(10) Any nonpublic or nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic or nonprofit college or university prior to July 1, 1989, and has been recognized by a national or regional accrediting agency recognized by the United States Department of Education; and". On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. WEDNESDAY, FEBRUARY 21, 1990 1501 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Albert Bowen Brannon Kennedy (presiding) McKenzie On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majoritiy, was passed by substitute. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 474. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st: A resolution relative to adjournment. The following report of the Committee on Enrolling and Journals was read by the Secretary: Mr. President: The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 523. Respectfully submitted, /s/ Waymond C. Huggins, Chairman Senator, District 53 1502 JOURNAL OF THE SENATE Serving as doctor of the day today was Dr. A.A. McNeill of Camilla, Georgia. Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 4:00 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. THURSDAY, FEBRUARY 22, 1990 1503 Senate Chamber, Atlanta, Georgia Thursday, February 22, 1990 Thirty-second Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1917. By Representative Barnett of the 10th: A bill to provide for the creation of the Johns Creek Community Improvement District. HB 1918. By Representative Barnett of the 10th: A bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or disabled. HB 1919. By Representative Birdsong of the 104th: A bill to create the Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority. HB 1920. By Representatives Ehrhart of the 20th, Clark of the 20th, Wilder of the 21st, Thompson of the 20th, Gresham of the 21st and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the number of assistant district attorneys and investigators to be appointed in said circuit and to change the compensation of the chief inves tigator and the investigators. HB 1921. By Representative Branch of the 137th: A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners. HB 1922. By Representatives Herbert of the 76th, Adams of the 79th, Yates of the 75th and Heard of the 43rd: A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that judicial circuit. 1504 JOURNAL OF THE SENATE HB 1923. By Representative Oliver of the 121st: A bill to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of the city. HB 1928. By Representative Bannister of the 62nd: A bill to provide a homestead exemption from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $5,000.00 of the assessed value of the homestead for certain residents of the City of Lilburn and in the amount of $10,000.00 of the assessed value of the homestead for certain other residents of the City of Lilburn who are 65 years of age or over or who are disabled. HB 1931. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide that future school superintendents of the Henry County School District shall be appointed by the board of education rather than elected. HB 1932. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act creating a board of commissioners of Tift County, so as to change the compensation of the members of the board of commissioners other than the chairman. HB 1933. By Representatives Alien of the 127th, Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and Mueller of the 126th: A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to authorize the judges of the Magistrate Court of Chatham County to set aside a certain portion of the filing fees to fund a mediation service. HB 1934. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide for the election of future members of the board of education of the Henry County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated. HB 1935. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to authorize the governing authority of Henry 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 1936. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act incorporating the City of McDonough, so as to change certain provisions regarding punishment and sentencing by the municipal court. HB 1937. By Representatives Alien of the 127th, Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and Mueller of the 126th: A bill to amend an Act creating the State Court of Chatham County, so as to require the clerk of said court to set aside a certain portion of filing fees to fund a mediation service. THURSDAY, FEBRUARY 22, 1990 1505 HB 1947. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act changing the composition and providing for the election of the Board of Education of Appling County, so as to provide for staggered terms of office of members of the board. HB 1949. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act providing a new charter for the City of Baxley, so as to provide for the annexation of certain streets, roads, and highways into the corpo rate limits said city. HB 1950. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act creating a Board of Commissioners of Appling County, so as to provide for staggered terms for the members of the board of commissioners. The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1713. By Representative Crawford of the 5th: A bill to repeal an Act providing that in any county having a population of not less than 21,800 and not more than 22,000 according to the United States decen nial census of 1980 or any future such census the salary of the county commis sioner shall be the same as the sheriff of the county. HB 1677. By Representatives Ray of the 98th, Adams of the 79th and Jenkins of the 80th: A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," so as to change the definition of financial responsibility as it applies to habitual violators. HB 1692. By Representatives Jamieson of the llth, Dover of the llth, Irwin of the 13th, Carrell of the 65th, Mobley of the 64th and others: A bill to amend an Act creating the Northeast Georgia Surface and Air Trans portation Commission, approved March 30, 1989, so as to provide for an addi tional member county, to provide for additional members of the commission. HB 1753. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th: A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. HB 1679. By Representatives Byrd of the 153rd and McCoy of the 1st: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide a new require ment for the reinstatement of a salesperson's license; to revise the provisions rel ative to the granting of a real estate license to a nonresident. HB 1651. By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the 156th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter. 1506 JOURNAL OF THE SENATE HB 1686. By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th, Murphy of the 18th, Branch of the 137th and others: A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the pro duction and generation of steam used in a manufacturing process. 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date. The House has passed by the requisite constitutional majority the following bills of the House: HB 1673. By Representatives Dover of the llth, Twiggs of the 4th and Groover of the 99th: A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to qualifications of special officers for the protection of railroad property, so as to change certain residency requirements. HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. HB 1641. By Representative Mangum of the 57th: A bill to amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to general and career education programs, so as to change the provisions relating to assessments for first grade readiness; to provide for assessments and grade placement decisions; to provide for guidelines, documentation, and reports. HB 1711. By Representatives Coleman of the 118th, Holcomb of the 72nd, Benefield of the 72nd, Poston of the 2nd, Lee of the 72nd and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for a THURSDAY, FEBRUARY 22, 1990 1507 one-time exclusion of certain contributions to the Teachers Retirement System of Georgia. HB 1660. By Representatives Kingston of the 125th and Dixon of the 128th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to authorize a county board of equalization by regulation to establish a notice of appeal filing fee not to exceed $20.00. HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing. HB 1742. By Representative Godbee of the 110th: A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer. HB 1248. By Representatives Birdsong of the 104th and Barnett of the 10th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that certain local government build ings financed in whole or in part with state funds shall have displayed thereon a plaque or marker with the names of certain state and local officials. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 810. By Representatives Griffin of the 6th, Foster of the 6th, Dover of the llth, Walker of the 115th, McDonald of the 12th and others: A resolution creating the Joint Workers' Compensation Study Committee. HR 872. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A resolution designating the "Plantation Parkway". The House has agreed to the Senate amendments to the following bills of the House: HB 1160. By Representative Watson of the 114th: A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons con victed of certain illegal drug activity from participation in programs financed or administered by the authority. 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 1508 JOURNAL OF THE SENATE the judge of the probate court to waive bond of an administrator and grant cer tain powers. 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. The House has agreed to the Senate substitutes to the following bills of the House: HB 1212. By Representatives Thompson of the 20th, Walker of the 115th, Lee of the 72nd and Clark of the 20th: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in pub lic schools and regulation by the State Board of Education, so as to modify cer tain qualifications of certificated personnel needed in order to qualify for an ex emption from the completion of an assessment to demonstrate satisfactory onthe-job performance. HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th: A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and dep uty registrars. 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. The House has agreed to the Senate substitute to the following resolution of the House: HR 624. By Representatives Reaves of the 147th, Greene of the 130th, Royal of the 144th, Floyd of the 135th, Birdsong of the 104th and Godbee of the 110th: A resolution urging the United States Environmental Protection Agency to allow the continued use of EBDC fungicides and Benomyl on certain vegetables. 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 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 Speaker has appointed on the part of the House: Representatives Robinson of the 96th, Buck of the 95th and Bishop of the 94th. THURSDAY, FEBRUARY 22, 1990 1509 The House has passed by the requisite constitutional majority the following bills of the House: HB 1790. By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th: A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties. HB 1728. By Representatives Poston of the 2nd, Holland of the 136th, Snow of the 1st and McCoy of the 1st: A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures for municipal and county de tention facilities, so as to provide that it shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer or a dispatcher is on duty at the detention facility at all times while a person is incarcerated therein. The following bill and resolutions of the Senate were introduced, read the first time and referred to committees: SB 755. By Senator Johnson of the 47th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resus citate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions. Referred to Committee on Human Resources. SR 472. By Senators Johnson of the 47th, Broun of the 46th, Albert of the 23rd and others: A resolution creating the Senate Georgia Export Expansion Study Committee. Referred to Committee on Rules. SR 475. By Senator Shumake of the 39th: A resolution urging the Department of Human Resources, Department of Medi cal Assistance, and State Health Planning Agency to make certain studies and reports. Referred to Committee on Human Resources. The following bills and resolutions of the House were read the first time and referred to committees: HB 1248. By Representatives Birdsong of the 104th and Barnett of the 10th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that certain local government build ings financed in whole or in part with state funds shall have displayed thereon a plaque or marker with the names of certain state and local officials. Referred to Committee on Urban and County Affairs (General). 1510 JOURNAL OF THE SENATE HB 1641. By Representative Mangum of the 57th: A bill to amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to general and career education programs, so as to change the provisions relating to assessments for first grade readiness; to provide for assessments and grade placement decisions; to provide for guidelines, documentation, and reports. Referred to Committee on Education. HB 1651. By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the 156th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter. Referred to Committee on Industry and Labor. HB 1660. By Representatives Kingston of the 125th and Dixon of the 128th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to authorize a county board of equalization by regulation to establish a notice of appeal filing fee not to exceed $20.00. Referred to Committee on Banking and Finance. HB 1673. By Representatives Dover of the llth, Twiggs of the 4th and Groover of the 99th: A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to qualifications of special officers for the protection of railroad property, so as to change certain residency requirements. Referred to Committee on Public Utilities. HB 1677. By Representatives Ray of the 98th, Adams of the 79th and Jenkins of the 80th: A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," so as to change the definition of financial responsibility as it applies to habitual violators. Referred to Committee on Public Safety. HB 1679. By Representatives Byrd of the 153rd and McCoy of the 1st: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide a new require ment for the reinstatement of a salesperson's license; to revise the provisions rel ative to the granting of a real estate license to a nonresident. Referred to Committee on Industry and Labor. HB 1686. By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th and others: A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the pro duction and generation of steam used in a manufacturing process. Referred to Committee on Industry and Labor. THURSDAY, FEBRUARY 22, 1990 1511 HB 1692. By Representatives Jamieson of the llth, Dover of the llth, Irwin of the 13th and others: A bill to amend an Act creating the Northeast Georgia Surface and Air Trans portation Commission, approved March 30, 1989, so as to provide for an addi tional member county, to provide for additional members of the commission. Referred to Committee on Transportation. HB 1711. By Representatives Coleman of the 118th, Holcomb of the 72nd, Benefield of the 72nd and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for a one-time exclusion of certain contributions to the Teachers Retirement System of Georgia. Referred to Committee on Banking and Finance. HB 1713. By Representative Crawford of the 5th: A bill to repeal an Act providing that in any county having a population of not less than 21,800 and not more than 22,000 according to the United States decen nial census of 1980 or any future such census the salary of the county commis sioner shall be the same as the sheriff of the county. Referred to Committee on Urban and County Affairs (General). HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. Referred to Committee on Governmental Operations. HB 1728. By Representatives Poston of the 2nd, Holland of the 136th, Snow of the 1st and McCoy of the 1st: A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures for municipal and county de tention facilities, so as to provide that it shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer or a dispatcher is on duty at the detention facility at all times while a person is incarcerated therein. Referred to Committee on Corrections. HB 1742. By Representative Godbee of the 110th: A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer. Referred to Committee on Human Resources. HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd and others: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured 1512 JOURNAL OF THE SENATE motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing. Referred to Committee on Insurance. HB 1753. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th: A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. Referred to Committee on Industry and Labor. HB 1790. By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th: A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties. Referred to Committee on Governmental Operations. HR 810. By Representatives Griffin of the 6th, Foster of the 6th, Dover of the llth and others: A resolution creating the Joint Workers' Compensation Study Committee. Referred to Committee on Industry and Labor. HR 872. By Representatives Dixon of the 128th, Watts of the 41st, Dover of the llth and others: A resolution creating the Joint Abortion Study Committee. Referred to Committee on Human Resources. HB 1917. By Representative Barnett of the 10th: A bill to provide for the creation of the Johns Creek Community Improvement District. Referred to Committee on Urban and County Affairs. HB 1918. By Representative Barnett of the 10th: A bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or disabled. Referred to Committee on Urban and County Affairs. HB 1919. By Representative Birdsong of the 104th: A bill to create the Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority. Referred to Committee on Urban and County Affairs. THURSDAY, FEBRUARY 22, 1990 1513 HB 1920. By Representatives Ehrhart of the 20th, Clark of the 20th, Wilder of the 21st and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the number of assistant district attorneys and investigators to be appointed in said circuit and to change the compensation of the chief inves tigator and the investigators. Referred to Committee on Urban and County Affairs. HB 1921. By Representative Branch of the 137th: A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1922. By Representatives Herbert of the 76th, Adams of the 79th, Yates of the 75th and Heard of the 43rd: A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that judicial circuit. Referred to Committee on Urban and County Affairs. HB 1923. By Representative Oliver of the 121st: A bill to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 1928. By Representative Bannister of the 62nd: A bill to provide a homestead exemption from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $5,000.00 of the assessed value of the homestead for certain residents of the City of Lilburn and in the amount of $10,000.00 of the assessed value of the homestead for certain other residents of the City of Lilburn who are 65 years of age or over or who are disabled. Referred to Committee on Urban and County Affairs. HB 1931. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide that future school superintendents of the Henry County School District shall be appointed by the board of education rather than elected. Referred to Committee on Urban and County Affairs. HB 1932. By Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act creating a board of commissioners of Tift County, so as to change the compensation of the members of the board of commissioners other than the chairman. Referred to Committee on Urban and County Affairs. HB 1933. By Representatives Alien of the 127th, Hamilton of the 124th, Dixon of the 128th and others: A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to authorize the judges of the Magistrate Court of Chatham County to set aside a certain portion of the filing fees to fund a mediation service. Referred to Committee on Urban and County Affairs. 1514 JOURNAL OF THE SENATE HB 1934. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide for the election of future members of the board of education of the Henry County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs. HB 1935. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to authorize the governing authority of Henry 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 1936. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act incorporating the City of McDonough, so as to change certain provisions regarding punishment and sentencing by the municipal court. Referred to Committee on Urban and County Affairs. HB 1937. By Representatives Alien of the 127th, Hamilton of the 124th, Dixon of the 128th and others: A bill to amend an Act creating the State Court of Chatham County, so as to require the clerk of said court to set aside a certain portion of filing fees to fund a mediation service. Referred to Committee on Urban and County Affairs. HB 1947. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act changing the composition and providing for the election of the Board of Education of Appling County, so as to provide for staggered terms of office of members of the board. Referred to Committee on Urban and County Affairs. HB 1949. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act providing a new charter for the City of Baxley, so as to provide for the annexation of certain streets, roads, and highways into the corpo rate limits of said city. Referred to Committee on Urban and County Affairs. HB 1950. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act creating a Board of Commissioners of Appling County, so as to provide for staggered terms for the members of the board of commissioners. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 552. Do pass by substitute. THURSDAY, FEBRUARY 22, 1990 1515 HB 1168. Do pass. HB 1644. Do pass. Respectfully submitted, Senator Dawkins of the 45th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 710. Do pass. HB 1812. Do pass. SB 719. Do pass. SB 745. Do pass. HB 1829. Do pass. HB 1853. Do pass. SB 747. Do pass. SB 748. Do pass. HB 1855. Do pass. HB 1858. Do pass. SB 749. Do pass. HB 1859. Do pass. HB 1545. Do pass. HB 1860. Do pass. HB 1584. Do pass by substitute. HB 1861. Do pass. HB 1751. Do pass. HB 1862. Do pass. HB 1791. Do pass. HB 1873. 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 599. By Senators Collins of the 17th, Phillips of the 9th, Barker of the 18th and others: A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at time of crime, so as to change a definition; to provide an effective date and for applicability. 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. SB 707. By Senators Scott of the 2nd and Edge of the 28th: A bill to amend Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, so as to change the time and requirements of recording certain state real property acqui sition and disposition instruments and plats with the State Properties Commis sion; to provide for other matters relative thereto; to provide an effective date. 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- 1516 JOURNAL OF THE SENATE quirements governing subdivision plats and the transfer, sale, and offering for sale of land; to provide for filing and recording; to provide for penalties. 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. 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. SB 750. By Senator Stumbaugh of the 55th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to author ize greater or more favorable benefits. SB 751. By Senator Gillis of the 20th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require persons selling or offering for sale certain personal property at flea markets to maintain certain records; to provide for requirements for such records; to provide for time periods. SR 427. By Senator Fuller of the 52nd: A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date. 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. SR 452. By Senators Tysinger of the 41st and Gillis of the 20th: A resolution creating the Senate Urban Creeks Study Committee. 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. 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. THURSDAY, FEBRUARY 22, 1990 1517 SR 461. By Senator Kennedy of the 4th: A resolution designating the Ernest W. Strickland Bridge. HB 222. By Representatives Clark of the 20th, Randall of the 101st, Howren of the 20th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of "referee" to "juvenile court magistrate" and designations of "traffic referee" to "juvenile court traffic magistrate"; to provide for additional orders of disposition for delin quent children. 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. 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 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 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; and for other purposes. 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 1249. By Representatives Colwell of the 4th and Murphy of the 18th: A bill to amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to the coordinate system for defining, designating, and stat ing with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, so as to provide for applicability of the Georgia Coordinate System provided for by an Act approved March 6, 1945. 1518 JOURNAL OF THE SENATE HB 1261. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study. 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, adminstrator'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 1372. By Representatives Balkcom of the 140th and Meadows of the 91st: A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to delete the provisions on fish, so as to delete the provisions of Code Section 27-4-10 which provide for a creel and possession limit for red drum; to delete the provisions of Code Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout. HB 1373. By Representatives Balkcom of the 140th and Meadows of the 91st: A bill to amend Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, so as to provide that the commissioner of natural resources may authorize conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision of this state in the prevention or detection of violations of any law or in the apprehension or arrest of criminals. 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 1441. By Representatives Walker of the 115th and Lee of the 72nd: A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils. HB 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th: A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws. THURSDAY, FEBRUARY 22, 1990 1519 HB 1492. By Representative Parham of the 105th: A bill to amend Code Section 11-9-504 of the Official Code of Georgia Annotated, relating to a secured party's requirements relative to default, so as to provide that the sale of a motor vehicle by public or private motor vehicle auction, to a motor vehicle wholesaler, or to an individual shall constitute a commercially rea sonable sale of collateral. HB 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. 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 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees. HB 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 1597. By Representatives Thomas of the 69th, Pettit of the 19th, Baker of the 51st and Lawrence of the 49th: A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in gen eral, so as to provide for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property. HB 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. 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 1520 JOURNAL OF THE SENATE 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 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. HR 729. By Representatives Bates of the 141st and Long of the 142nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Decatur County, Georgia, to Decatur County and the acceptance of cer tain real property owned by Decatur County located in Decatur County, Georgia, in consideration therefor. HR 764. By Representative Pettit of the 19th: A resolution authorizing the granting of a nonexclusive easement for construc tion, operation, and maintenance of an underground effluent pipe line over or under property owned by the State of Georgia in Bartow County, Georgia. 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. HB 1312. By Representatives Lee of the 72nd and Murphy of the 18th: A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authori zation for conversion of contributions to personal use; to provide that contribu tions shall not constitute personal assets of a candidate or public officer. HB 1408. By Representative Lane of the 27th: A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination. The President called for the morning roll call, and the following Senators answered to their names: Albert Allgood Barker Bowen Brannon Broun BCou1lr.htonns Dawkins Deal Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill Harris 5Huogwgairnds Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 32nd Rav Scott of 2nd Sccott of 36th taTM , Stumbaugh Tate Tayloi Timmons Turner Tysinger THURSDAY, FEBRUARY 22, 1990 1521 Those not answering were Senators: Baldwin Barnes Clay Coleman Dean Fincher Johnson Langford Perry Ragan of 10th Shumake Walker Senator Kennedy of the 4th introduced the chaplain of the day, Dr. James N. Griffith, Executive Director and Treasurer of the Georgia Baptist Convention, Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 473. By Senators Newbill of the 56th, Shumake of the 39th and Egan of the 40th: A resolution commending Robert Craig Mannion. SR 476. By Senators Langford of the 35th, Scott of the 36th, Walker of the 43rd and Scott of the 2nd: A resolution honoring Joshua I. Smith. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 22, 1990 THIRTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 710 Tysinger, 41st Walker, 43rd Stumbaugh, 55th Burton, 5th Howard, 42nd DeKalb County Changes the provisions relating to the expense allowance of the members of the commission of DeKalb County. SB 719 Tysinger, 41st Stumbaugh, 55th Burton, 5th Howard, 42nd DeKalb County Provides an expense allowance for members of the board of education of DeKalb County. SB 745 Newbill, 56th Langford, 35th Engram, 34th Shumake, 39th 1522 JOURNAL OF THE SENATE Egan, 40th Fulton County Incorporates the City of Sandy Springs in Fulton County. SB 747 Edge, 28th Spalding County Town of Orchard Hill Changes the time, method, and manner of electing the mayor and councilmembers; provides for terms; provides for filling vacancies. SB 748 Brannon, 51st Gordon County Amends, revises, supersedes and consolidates the laws pertaining to the gov erning authority of Gordon County. SB 749 Scott, 2nd Coleman, 1st Hammill, 3rd Chatham County Changes the compensation of certain officials; provides for cost-of-living in creases. HB 1545 Walker, 43rd Tysinger, 41st Stumbaugh, 55th Burton, 5th Howard, 42nd DeKalb County Provides that each resident of DeKalb County holding real property as a stockholder of a nonprofit cooperative ownership housing corporation with certain qualifications, be granted an exemption from county ad valorem taxes as otherwise granted by law. *HB 1584 Clay, 37th Brannon, 51st Cherokee County City of Woodstock Changes the compensation of the mayor and councilmembers. (SUBSTI TUTE) HB 1751 Stumbaugh, 55th Howard, 42nd Walker, 43rd DeKalb County City of Decatur Authorizes the board of education to make rules and regulations relating to admission of certain nonresident students in the public schools of the city and to adopt admission policies and establish rates of tuition and tuition credits and work programs with respect to such nonresident students. HB 1791 Pollard, 24th McDuffie County Provides for a $4,000.00 homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes; pro- THURSDAY, FEBRUARY 22, 1990 1523 vides for a homestead exemption of $15,000.00 from all McDuffie County ad valorem taxes and McDuffie County School District taxes for residents who are disabled and meet other qualifications. HB 1812 Burton, 5th DeKalb County City of Stone Mountain Provides a new charter for the City of Stone Mountain. HB 1829 Hammill, 3rd Liberty County City of Hinesville Provides for the election of city council members from districts by the resi dents of such districts. HB 1853 Bowen, 13th Ben Hill County Provides for the composition of the Board of Education of Ben Hill County and for the election of the members of said board. HB 1855 Garner, 30th Engram, 34th Douglas County Provides 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 county who meet certain qualifica tions. HB 1858 Garner, 30th Engram, 34th Douglas County Changes the membership of the Board of Commissioners of Douglas County. HB 1859 Garner, 30th Engram, 34th Douglas County Provides 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 certain residents of Douglas County who meet certain qualifications. HB 1860 Stumbaugh, 55th Howard, 42nd DeKalb County City of Decatur Changes a condition of eligibility for the deferral of City of Decatur ad valorem taxes for certain elderly persons. HB 1861 Garner, 30th Engram, 34th Douglas County Provides 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 cer tain residents of Douglas County. 1524 JOURNAL OF THE SENATE HB 1862 Gillis, 20th Toombs County Provides for the membership of the Toombs County Development Authority. HB 1873 Ray, 19th Wilcox County Changes the compensation of the commissioners of Wilcox County. The substitute to the following bill of the House was put upon its adoption: *HB 1584: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1584: A BILL To be entitled an Act to amend an Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to change the penalties for violations of city ordinances and for contempt violations; to provide for proba tion officers, a clerk of court, bailiffs, and other municipal court personnel; 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. An Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, is amended by striking subsection (a) of Section 4.13 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The municipal court shall try and punish for crimes against the City of Woodstock and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or 180 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both, and, as an alterna tive to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not ex ceeding 180 days." Section 2. Said Act is further amended by adding a new subsection (h) to the end of Section 4.13 to read as follows: "(h) A municipal court clerk, bailiffs, probation officers, and such other municipal court personnel as may be deemed necessary may be appointed to serve at the pleasure of the mayor and upon concurrence of the mayor and a majority of the councilmembers, and such personnel are subject to removal upon the concurrence of the mayor and a majority of the councilmembers. The duties of said municipal court personnel shall be provided for by ordi nance. The compensation of such personnel shall be fixed by ordinance." Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted. THURSDAY, FEBRUARY 22, 1990 1525 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 Bwel1 rannon BQlurton Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill uHHuagrrgism s Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd SRacaoy\*tt. ocf 3n/6-th\. Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Coleman Garner Howard Johnson Scott of 2nd Shumake Walker On the passage of all the local bills, the yeas were 49, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1584, having received the requisite constitutional majority, were passed. HB 1584, having received the requisite constitutional majority, was passed by substitute. SENATE RULES CALENDAR Thursday, February 22, 1990 THIRTY-SECOND LEGISLATIVE DAY SB 307 Ambulance Operated by Political Subdivisions--insurance coverage (Amend ment) (Ins--42nd) SB 509 Parental Rights--court consider certain past parental conduct (Judy--42nd) SB 545 Mandatory Drug Testing--certain state employees, officials (Substitute) (S Judy--20th) SB 642 Driving 30 Miles Per Hour Over Limit--felony (Amendment) (Judy--44th) SB 662 Motor Vehicle Insurance--premium reduction, those honor students under 25 years of age (Substitute) (Ins--42nd) SB 670 Georgia Food Act--applicability of beverage vending machines (Ag--22nd) SB 693 Group Self-Insurance Funds--maintenance of securities deposits (Ins--27th) 1526 JOURNAL OF THE SENATE SB 709 Insurance Commissioner--annual report on certain insurance rate filings (Substi tute) (Ins--12th) SB 711 Smoke Detectors--requirements, exceptions (Substitute) (Pub S--13th) SB 723 Traffic Offense Arrest--offenses for no release (S Judy--32nd) SB 714 Water Quality Control Act--standards for certain lakes (Amendment) (Nat R--33rd) HB 1442 Georgia County Leadership Act--new Code Chapter (Substitute) (Gov Op--27th) HB 1443 County Clerks--training seminar (Gov Op--27th) HB 1053 Certain Actions Regarding Agency Rules--apply to Medical Assistance Depart ment (Hum R--43rd) HB 796 Development Impact Fees--cities/counties impose (U&CA G--14th) HB 577 Medical Assistance Act--drug bidding programs, rebates (Substitute) (Approp--44th) HB 1421 Workers' Compensation--create Self-insurers Guaranty Trust Fund (I&L--45th) HB 452 Employee Benefit Plan Council--rule-making authority (Gov Op--44th) HB 776 Tax Collectors--alternative dates, ad valorem taxes (B&F--28th) HB 1463 Securities--definition of "investment adviser" (Substitute) (Gov Op--4th) HB 1366 Animal Protection Act--redefine "stable" (Ag--21st) HB 769 Hazardous Waste Management Authority--Employees' Retirement System members (Ret--24th) HB 1333 Sale of Subdivided Land--Real Estate Commission powers (I&L--28th) HB 1336 Campaign Contributions--prohibit state agencies (Gov Op--5th) HB 1696 Indigent, Elderly--provide Indigent Care Trust Fund (Hum R--26th) HB 1445 License to Carry Weapon--change certain fees (S Judy--12th) HB 1246 Funeral Police Escort--immunity from liability (Pub S--51st) HB 539 Employees' Retirement--employees of family, children service departments (Ret--38th) HB 1422 911 System--local government may impose monthly charge (I&L--52nd) SB 514 Drug Conviction--superior court clerks publish names (Amendment) (S Judy--45th) 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 509. By Senator Howard of the 42nd: A bill to amend Code Section 15-11-81 of the Official Code of Georgia Annotated, relating to grounds for the termination of parental rights, so as to provide that the court, in determining whether a child is without proper parental care and control, shall consider evidence of past egregious conduct of the parent toward the child or toward another child and evidence of past physical, mental, or emo tional neglect of the child or of another child by the parent. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, FEBRUARY 22, 1990 1527 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Timmons Tysinger Those not voting were Senators: Bowen Dawkins English Garner Gillis Parker Phillips Scott of 2nd Shumake Taylor Turner Walker On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. The Senate Committee on Special Judiciary offered the following substitute to SB 545: 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 provide for mandatory drug testing for certain state officials and candidates for certain state offices; to provide for legislative find ings; to provide for definitions; to provide for conditions, practices, procedures, and require ments connected with such testing; to provide for the filing of certain certificates by candi dates; to provide that candidates shall not be allowed to qualify for certain state offices under certain conditions; to provide for the cost of testing and the payment thereof; to provide for the filing and maintenance of the results of tests; to provide that the results of tests shall be open records and shall be available for public inspection; to provide for excep tions; to provide for notices; to provide for a list of laboratories qualified to conduct tests; to provide for rules and regulations; to provide for penalties; to provide for other matters rela tive to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers 1528 JOURNAL OF THE SENATE and employees, is amended by adding at the end thereof a new Chapter 23 to read as follows: "CHAPTER 23 45-23-1. The General Assembly finds that in the interest of the people of the State of Georgia the Governor, the Lieutenant Governor, members of the General Assembly, state officials who are elected state wide, candidates for Governor, Lieutenant Governor, member ship in the General Assembly, or any state office elected on a state-wide basis should be tested periodically for illegal drugs. 45-23-2. As used in this chapter, the term: (1) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Work place Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources. (2) 'Illegal drug' means marijuana or any controlled substance included in Schedule I or II of Code Section 16-13-25 or 16-13-26, but not when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. (3) 'Sample' means urine, blood, saliva, or hair. (4) 'State Official' means the Governor, the Lieutenant Governor, members of the Gen eral Assembly, state officials who are elected state wide, and candidates for Governor, Lieu tenant Governor, membership in the General Assembly, or any state office elected on a state-wide basis. 45-23-3. (a) Except for candidates for the offices designated in paragraph (4) of Code Section 45-23-2, each state official, as defined in paragraph (4) of Code Section 45-23-2, shall be required to be tested annually for illegal drugs at a time and place to be designated by the Board of Human Resources. All sample collection and testing for illegal drugs under this chapter shall be performed in accordance with the following conditions: (1) The collection of samples shall be performed under reasonable and sanitary conditions; (2) Samples shall be collected and tested with due regard to the privacy of the state official being tested and in a manner reasonably calculated to prevent substitutions or inter ference with the collection or testing of reliable samples; (3) Sample collection shall be documented, and the documentation procedures shall include: (A) Labeling of samples so as reasonably to preclude the probability of erroneous iden tification of test results; (B) Division of samples for the purpose of retesting; and (C) An opportunity for the state official to provide notification of any information which he considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs or other relevant medical information; (4) Sample collection, storage, and transportation to the place of testing shall be per formed so as reasonably to preclude the probability of sample contamination or adulteration; (5) Sample testing shall conform to scientifically accepted analytical methods and pro cedures. Testing shall include verification or confirmation of any positive test result by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable ana lytical method before the result of any test may be disclosed to the public; and (6) The guidelines contained in Code Section 45-23-3 shall be in addition to, but not in contradiction to, the testing guidelines found in Code Section 45-23-2. (b) At the time they qualify for nomination or election, candidates for those offices THURSDAY, FEBRUARY 22, 1990 1529 listed in paragraph (4) of Code Section 45-23-2 who are not state officials at that time shall be required to file a certificate from a laboratory listed by the commissioner of human re sources under subsection (b) of Code Section 45-23-4 stating that they have been tested for illegal drugs in the same manner as is required for state officials or employees under this chapter within 15 days of the date the candidate qualifies. Such tests for candidates shall be conducted using the same methods and procedures applicable to tests of state officials. Such tests shall be conducted at the expense of the candidates. Such certificates shall be filed with the commissioner of human resources, who shall give certified copies of such certifi cates, showing the date and time of filing with the commissioner, to the candidates to be filed with the proper officials at the time they qualify to seek a state office. No person shall be allowed to qualify for a state office unless he or she presents such certified copy for filing at the time of qualification. Any candidate qualifying as a pauper shall have these tests conducted by the county health department in the candidate's county of legal residence at no charge to the pauper candidate. (c) The costs of such testing shall be paid by the state official or candidate. (d) The results of tests conducted pursuant to this chapter shall be filed with and main tained by the commissioner of human resources. Upon receipt of a verified or confirmed positive drug test result as defined in the federal guidelines as described in Code Section 4523-2 which indicates that a state official has used an illegal drug, the commissioner of human resources shall order a retest from the portion of the sample divided and not tested. Upon receipt of a second verified or confirmed positive drug test result which indicates that a state official has used an illegal drug, the commissioner shall provide written notification to the elected offical within five business days of such test results. Such notification shall be sent by certified or registered mail evidenced by return receipt. (e) The final, confirmed results of all drug tests conducted pursuant to this chapter shall be open records and shall be available for public inspection, provided that no verified or confirmed positive drug test result shall be made public until ten business days after a second test has been conducted and a verified or confirmed positive result has been received by the commissioner. 45-23-4. (a) The Board of Human Resources shall provide by rules or regulations: (1) Methods for assuring that privacy intrusions are minimized during collection of samples; and (2) Methods for assuring that any samples are stored and transported to testing labora tories at proper temperatures and under such conditions that the quality of the samples shall not be jeopardized. (b) The commissioner of human resources shall establish and maintain a list of those laboratories qualified to conduct established drug tests; provided, however, that no labora tory shall be so certified unless that laboratory, on a daily basis, adds blind test samples to its urine testing program equal to or greater than 10 percent of the total number of such tests conducted by such laboratory. (c) The Board of Human Resources shall be authorized to promulgate rules and regula tions to carry out the provisions of this chapter. 45-23-5. Any state official refusing to take the tests required by this chapter shall be guilty of a misdemeanor and upon conviction shall be fined $100.00." 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 545 offered by the Senate Committee on Special Judiciary "b(yd)s"tr.iking subsection "(d)", page 5, line 3 - 18; and by striking "(e)" and replacing it with 1530 JOURNAL OF THE SENATE Senator Parker of the 15th asked unanimous consent to withdraw his amendment, and the consent was granted. Senator Gillis of the 20th offered the following amendment: Amend the substitute to SB 545 offered by the Senate Committee on Special Judiciary by striking from lines 9 through 11 of page 1 the following: "to provide that candidates shall not be allowed to qualify for certain state offices under certain conditions;" By inserting on line 4 of page 2, immediately following the word and symbol "Assem bly,", the word "and". By striking from lines 5 through 7 of page 2 the following: ", candidates for Governor, Lieutenant Governor, membership in the General Assembly, or any state office elected on a state-wide basis". By inserting on line 27 of page 2, immediately following the word and symbol "Assem bly,", the word "and". By striking from lines 28 through 30 of page 2 the following: ", and candidates for Governor, Lieutenant Governor, membership in the General As sembly, or any state office elected on a state-wide basis". By striking from lines 31 through 33 of page 2 the following: "Except for candidates for the offices designated in paragraph (4) of Code Section 4523-2, each", and inserting in lieu thereof the word "Each". By striking from lines 1 and 2 of page 3 the following: "at a time and place to be designated by the Board of Human Resources". By striking from lines 9 through 33 of page 4 the following: "(b) At the time they qualify for nomination or election, candidates for those offices listed in paragraph (4) of Code Section 45-23-2 who are not state officials at that time shall be required to file a certificate from a laboratory listed by the commissioner of human re sources under subsection (b) of Code Section 45-23-4 stating that they have been tested for illegal drugs in the same manner as is required for state officials or employees under this chapter. Such tests for candidates shall be conducted using the same methods and proce dures applicable to tests of state officials. Such tests shall be conducted at the expense of the candidates. Such certificates shall be filed with the commissioner of human resources, who shall give certified copies of such certificates, showing the date and time of filing with the commissioner, to the candidates to be filed with the proper officials at the time they qualify to seek a state office. No person shall be allowed to qualifiy for a state office unless he or she presents such certified copy for filing at the time of qualification. Any candidate qualifying as a pauper shall have these tests conducted by the county health department in the candidate's county of legal residence at no charge to the pauper candidate." By striking from line 1 of page 5 the following: "(c)" and inserting in lieu thereof the following: "(b)". By striking from line 3 of page 5 the following: "(d)" and inserting in lieu thereof the following: "(c)". THURSDAY, FEBRUARY 22, 1990 1531 By striking from line 19 of page 5 the following: "(e) and inserting in lieu thereof the following: "(d)". Senator Dawkins of the 45th offered the following amendment: Amend the amendment offered by Senator Gillis of the 20th to the substitute to SB 545 offered by the Senate Committee on Special Judiciary by striking on page 2, lines 1 - 4: "at a time and a place to be designated by the Board of Human Resources." from said amendment. On the adoption of the amendment, the yeas were 43, nays 3, and the amendment of fered by Senator Dawkins of the 45th was adopted. On the adoption of the amendment offered by Senator Gillis of the 20th, the yeas were 35, nays 8, and the amendment was adopted as amended. Senator Edge of the 28th offered the following amendment: Amend the substitute to SB 545 offered by the Senate Committee on Special Judiciary by striking on page 5, line 8, the words "state official" and inserting "testee"; and by strik ing on page 5, line 13, the words "state official" and inserting "testee"; and by striking on page 5, line 15, the words "state official" and inserting "testee". Senator Edge of the 28th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn. Senators Egan of the 40th and Newbill of the 56th offered the following amendment: Amend the substitute to SB 545 offered by the Senate Committee on Special Judiciary by adding: "Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval." On the adoption of the amendment, the yeas were 40, nays 0, and the amendment of fered by Senators Egan of the 40th and Newbill of the 56th was adopted. On the adoption of the substitute, the yeas were 38, nays 3, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan English Engram Fincher Foster Garner Gillis Hammill Harris 1532 JOURNAL OF THE SENATE Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Those voting in the negative were Senators: Fuller Tate Peevy Walker Those not voting were Senators: Brannon Dean Parker Tysinger On the passage of the bill, the yeas were 48, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Gillis of the 20th moved that SB 545 be immediately transmitted to the House. On the motion, the yeas were 34, nays 1; the motion prevailed, and SB 545 was immedi ately transmitted to the House. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. SB 642. By Senator Starr of the 44th: A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, so as to provide that driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be a felony. The Senate Committee on Judiciary offered the following amendment: Amend SB 642 by striking from line 6 of page 1 the following: "felony", and inserting in lieu thereof the following: "misdemeanor of a high and aggravated nature". By striking from lines 22 and 23 of page 3 the following: "felony and shall be punished by imprisonment for not less than one year nor more than five years", and inserting in lieu thereof the following: "misdemeanor of a high and aggravated nature". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. THURSDAY, FEBRUARY 22, 1990 1533 Senator Fuller of the 52nd offered the following amendment: Amend SB 642 by adding to line 6 after "felony;" on page 1 the following: "and to provide limitations on the authority of law enforcement officers to pursue flee ing motorists;" and by adding after the period on line 24 the following: "Notwithstanding the provisions of this Act, it shall be unlawful for any law enforce ment officer of this state or of any county, municipality, consolidated government, authority, or political subdivision while in pursuit of an actual or suspected violator of the law to exceed the maximum speed limits by more than 30 miles per hour unless there is probable cause to believe that a felony has been committed and the failure to so pursue the violator or suspected violator will prevent a valid arrest." On the adoption of the amendment offered by Senator Fuller of the 52nd, Senator Edge of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Deal Echols Fincher Fuller Parker Peevy Perry Phillips Scott of 36th Turner Those voting in the negative were Senators: Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Dean Edge Egan English Engram Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger Walker Not voting were Senators Brannon and Kennedy (presiding). On the adoption of the amendment, the yeas were 12, nays 42, and the amendment offered by Senator Fuller of the 52nd 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 Coleman Collins Dawkins Deal Dean Edge Egan English Engram 1534 JOURNAL OF THE SENATE Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill 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 were Senators Echols and Perry. Those not voting were Senators: Brannon Kennedy (presiding) Olmstead On the passage of the bill, the yeas were 51, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. Senator Stumbaugh of the 55th introduced Dr. Alien Carter, President of the Georgia Psychologists Association, who briefly addressed the Senate. Senator Bowen of the 13th introduced a doctor of the day, Dr. Gordon Davis, of Sylves ter, Georgia. Senator Harris of the 27th introduced a doctor of the day, Dr. Lee Woodall, of Barnesville, Georgia. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms. The Senate Committee on Insurance offered the following substitute to SB 662: A BILL To be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms; to provide for changes in rating plans; to provide exceptions; to provide for lower insurance rates for certain good drivers; to provide for a definition; to provide for intent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the THURSDAY, FEBRUARY 22, 1990 1535 "Georgia Motor Vehicle Accident Reparations Act," is amended by adding after Code Sec tion 33-34-16 three new Code sections to read as follows: "33-34-16.1. (a) For each personal or family-type policy of motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after July 1, 1990, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, bodily injury, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver: (1) Is unmarried; (2) Is enrolled as a full-time student in: (A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; and (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll.' (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in subsec tion (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have com mitted a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from. 33-34-16.2. (a) As used in this Code section, the term 'good driver' means a person who holds a valid driver's license and who, within the three years immediately preceding the date of an application for private passenger motor vehicle insurance or any renewal of such insurance, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle, has successfully completed a defensive driving course as provided in Code Section 33-34-16, and has had no claims based on fault against an insurer. (b) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages pro- JOURNAL OF THE SENATE vided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. 33-34-16.3. It is specifically intended that the discounts provided for in Code Sections 33-34-16.1 and 33-34-16.2 shall be provided by the insurer to any person who qualifies for such discounts." 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 Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Tysinger Walker Those not voting were Senators: Bowen Brannon Edge Kennedy (presiding) Land Parker Timmons Turner On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Broun Burton Clay Collins Dawkins Deal Dean Echols Egan English Engram Fincher Foster Garner Gillis Harris Howard Huggins Johnson Kidd McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr THURSDAY, FEBRUARY 22, 1990 1537 Stumbaugh Tate Taylor Tysinger Walker Those not voting were Senators: Barnes Bowen Brannon Coleman Edge Fuller Hammill Kennedy (presiding) Land Langford Parker Scott of 36th Shumake Timmons Turner On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 670. By Senator Allgood of the 22nd: A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Food Act," so as to provide for the applicability of such article and its regulatory and inspection requirements to vending machines which dispense beverages. Senator Allgood of the 22nd moved that SB 670 be placed on the Table. On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 670 was placed on the Table. SB 693. By Senator Harris of the 27th: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to change the provisions relating to the maintenance of securities deposits; to change the provisions relat ing to the maintenance of loss reserves. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the 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 Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker 1538 JOURNAL OF THE SENATE Those not voting were Senators: Brannon Fuller Kennedy (presiding) Land Parker Scott of 2nd 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 709. By Senators Taylor of the 12th, Baldwin of the 29th, Land of the 16th and Clay of the 37th: A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide that the annual report of the Commissioner shall include information regarding ac tions taken by the department on personal lines property and casualty insurance rate filings. The Senate Committee on Insurance offered the following substitute to SB 709: A BILL To be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide that the supplemental report on property and casualty insurance of the Commissioner shall in clude information regarding actions taken by the department on personal lines property and casualty insurance rate filings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, is amended by striking Code Section 33-28.1, relating to the preparation of a supplemental report on property and casualty insurance by the Commissioner, and inserting in its place a new Code Section 33-2-8.1 to read as follows: "33-2-8.1. (a) The General Assembly and the public have been confronted with a need for relevant and verifiable information on the property and casualty insurance industry. The purpose of this Code section is to provide the General Assembly and the public with accessi ble information on the property and casualty insurance industry, on the solvency of such insurers, on market availability and profitability, and on troubled liability insurance lines. (b) By July 1, 1990, and on July 1 of each year thereafter, the Commissioner, as a supplemental report to the annual report provided in Code Section 33-2-8, shall compile a report containing the information specified in this Code section and shall distribute such supplemental report to each member of the General Assembly. (c) The Commissioner shall investigate every licensed property and casualty insurer that is designated by the National Association of Insurance Commissioners as needing im mediate or targeted regulatory attention and shall include in his report the number of such insurers which his investigation confirms are in need of immediate or targeted regulatory attention and the names of such insurers which are in formal rehabilitation, liquidation, or conservatorship. The Commissioner shall obtain from the National Association of Insurance Commissioners the necessary information to implement this subsection and, notwithstand ing the provisions of Code Section 50-18-70, shall withhold from public inspection any such information received from the National Association of Insurance Commissioners under an expectation of confidentiality. (d) The Commissioner shall include in his report an evaluation of the insurance cover ages considered by him to be unavailable or unaffordable with regard to the following lines, classes, and subclasses of insurance: (1) Owners, landlords, and tenants; THURSDAY, FEBRUARY 22, 1990 1539 (2) Manufacturers and contractors; (3) Products and completed operations; (4) Governmental subdivisions; (5) Public schools; (6) Day-care centers; (7) Liquor retailers; (8) Recreational; (9) Professional liability; (10) Medical malpractice; (11) Commercial and private passenger automobile and all other general liability; and (12) Workers' compensation. (e) In considering insurance coverages that are unavailable or unaffordable the Commis sioner shall include, if practicable, in his report, for a five-year period on either a prospec tive or retrospective basis, on a state basis, and on an aggregate country-wide basis, the following information for each licensed property and casualty insurer and each residual mar ket mechanism: (1) The number of policies written as of December 31 of each year; (2) The number of policies canceled or nonrenewed and whether the policies were can celed by the insurer or the insured; (3) Major trends in policy forms; (4) Limits and deductibles offered; (5) Trends in increases or decreases in premiums; and (6) Earned premiums, total limits incurred losses, loss ratios, and the number of in curred claims for policies written and premiums written. (f) The Commissioner shall include in his report consumer information on market assis tance programs and joint underwriting associations. The Commissioner shall also include in his report a summary of actions taken by the department on personal lines property and casualty insurance rate filings that result in the filing of lower rates by insurance companies and estimates of the amount of money saved by consumers as a result of such actions. (g) The Commissioner shall have the authority to require property and casualty insur ers to submit any information necessary to enable him to compile the supplemental report required by 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 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal 1540 JOURNAL OF THE SENATE Dean Echols Edge Egan Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Langford n OlmA stead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th gtarr TStumbaugh *, laylor Timmons Turner Tysinger Walker Those not voting were Senators: Brannon Coleman Fuller Garner Kennedy (presiding) Land McKenzie Parker Shumake On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th: A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and re quirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings pro tected by approved automatic sprinkler systems. The Senate Committee on Public Safety offered the following substitute to SB 711: A BILL To be entitled an Act to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and requirements as to construction and maintenance generally, so as to provide for smoke de tectors in certain locations; to provide exceptions for buildings protected by approved auto matic sprinkler systems; to provide certain requirements for corridor smoke detector sys tems and single station smoke detectors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and requirements as to con struction and maintenance generally, is amended by striking subsection (d) in its entirety and inserting in its place a new subsection (d) to read as follows: "(d) The Commissioner is directed to investigate and examine construction and engi neering techniques; properties of construction materials, fixtures, facilities, and appliances used in, upon, or in connection with buildings and structures; and fire prevention and pro tective techniques, including, but not limited to, the codes and standards adopted, recom mended, or issued from time to time by the National Fire Protection Association (National Fire Code and National Electric Code), the American Insurance Association (National Building Code), the successor to the National Board of Fire Underwriters, the American Standards Association, and the Standard Building Code Congress (Southern Standard Building Code). Based upon such investigation, the Commissioner is authorized to deter mine and by rule to provide what reasonable and practical protection must be afforded THURSDAY, FEBRUARY 22, 1990 1541 property and persons with respect to: exits; fire walls and internal partitions adequate to resist fire and to retard the spread of fire, smoke, heat, and gases; electrical wiring, electrical appliances, and electrical installations; safety and protective devices, including, but not lim ited to, fire escapes, fire prevention equipment, sprinkler systems, fire extinguishers, panic hardware, fire alarm and detection systems, exit lights, emergency auxiliary lights, and other similar safety devices; flameproofing; motion picture equipment and projection booths; and similar facilities; provided, however, that except for buildings protected throughout by an approved automatic sprinkler system, any building described in subparagraph (b) (1) (C) of this Code section shall be required to have a smoke or products of combustion detector listed by a nationally recognized testing laboratory; and, regardless of the manufacturer's instructions, such detectors in these buildings shall be located in all interior corridors, halls, and basements no more than 30 feet apart or more than 15 feet from any wall; where there are no halls or corridors, the detectors shall be installed in each sleeping room. Required corridor smoke detector systems shall be electrically interconnected to the fire alarm, if a fire alarm is required. If a fire alarm is not required, the detectors at a minimum shall be approved single station detectors powered from the building electrical service." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0. and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Newbill Olmstead Peevy Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Walker Voting in the negative was Senator Perry. Those not voting were Senators: Brannon Clay Coleman Fuller Kennedy (presiding) Land Langford McKenzie Parker Phillips Ragan of 10th Starr Taylor On the passage of the bill, the yeas were 42, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. 1542 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd 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 Brannon Dawkins Kennedy (presiding) Land 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. The following resolution of the Senate was read and adopted: SR 477. By Senator Kidd of the 25th: A resolution expressing regret at the passing of Honorable Calvin "Mack" Simpson. THURSDAY, FEBRUARY 22, 1990 1543 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 1889. By Representative Bostick of the 138th: A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Com mittee and its composition and powers. The following bill of the House was read the first time and referred to committee: HB 1889. By Representative Bostick of the 138th: A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Com mittee and its composition and powers. Referred to Committee on Agriculture. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: 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. The Senate Committee on Natural Resources offered the following amendment: Amend SB 714 by inserting in line 14 on page 1 immediately preceding the phrase "to repeal conflicting laws;" the following: "to provide for funding as a condition of becoming effective;". By renumbering Section 2 as Section 3 and adding a new Section 2 to read as follows: "Section 2. This Act shall become effective only when funds are appropriated by the General Assembly to carry out the provisions of this Act." On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. Senators Barnes of the 33rd and Edge of the 28th offered the following substitute to SB 714: A BILL To be entitled an Act 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 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; to provide for certain measure ments in connection with water quality standards; to provide for standards for tributary streams; to provide for monitoring of lakes and swimming areas; to provide for comprehen sive studies of lakes and for scientific reports in connection therewith; to provide for certain public hearings; to provide for the adoption of lake water quality standards by the Board of Natural Resources; to provide for other matters relative to the foregoing; to provide an ef fective date; to repeal conflicting laws; and for other purposes. 1544 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," is amended by adding a new Code Section 12-5-23.1 immediately following Code Section 125-23 to read as follows: "12-5-23.1. (a) As used in this Code section, the word 'lake' means any publicly owned lake or reservoir located wholly or partially within this state which has a normal pool level surface average of 500 or more acres. (b) The director shall establish water quality standards for each lake which require the lake to be safe and suitable for fishing and swimming and for use as a public water supply, unless a use attainability analysis conducted within requirements of this article demon strates such standards are unattainable. (c) (1) For purposes of this subsection, a multiple parameter approach for lake water quality standards shall be adopted. Numerical criteria including, but not limited to, those listed below shall be adopted for each of the following parameters as an integrated photic zone measurement except where so stated: (A) pH (maximum and minimum); (B) Fecal coliform bacteria (surface, including the top one foot); (C) Corrected chlorophyll a; (D) Algal growth potential; (E) Total nitrogen concentration (acceptable total nitrogen loading for the lake in pounds per acre per year); (F) Total phosphorus concentration (acceptable total phosphorus loading for the lake in pounds per acre per year); (G) Secchi depth; (H) Dissolved oxygen; at one meter depth (within two hours after sunrise); (I) Dissolved oxygen; percentage of change per 24 hour day at one meter depth; (J) Dissolved oxygen; percentage of water column with less than 5 milligrams per liter (based on minimum values for representative days measured during expected worst case summer conditions); (K) Dissolved oxygen; number of vertical feet of water column with less than 5 milli grams per liter (based on minimum values for representative days measured during ex pected worst case summer conditions); (L) Percent blue-green algal biomass of total algal biomass; and (M) Trihalomethane precursors. (d) The standards for water quality of each lake shall take into account the geographic location of the lake within the state and the location of the lake within its watershed as well as horizontal and vertical variations of hydrological conditions within each lake. The direc tor shall also establish nutrient limits for all tributary streams of each of the lakes. Such limits shall be consistent with the requirements of subsection (b) of this Code section and shall be established on the basis of accepted limnological techniques and as necessary in accordance with the legal and technical principles for total maximum daily loads as set forth in Section 303 of the Federal Clean Water Act. The nutrient limits for tributary streams shall be established at the same time that the lake water quality standards are established. (e) After water quality standards are established for each lake and its tributary streams, the division shall monitor each lake on a regular basis to ensure that the lake reaches and maintains such standards. (f) Areas of lakes which are subject to high beach and swimming use shall be sampled by the division at least once per week during the swimming season. The division shall adopt THURSDAY, FEBRUARY 22, 1990 1545 a testing methodology for such swimming areas which provides bacteriological data results within 24 hours after sampling. Multiple samplings adequate to obtain scientifically defensi ble results shall be taken in representative parts of each swimming area. The data from such samplings shall be public information and shall be distributed to the news media and other interested persons on a regular basis. The director shall have the authority to close a swim ming area if data from samplings indicates, in the opinion of the director, that such action is necessary for public safety. (g) There shall be a comprehensive study of each lake prior to adopting lake water quality standards for the lake. The comprehensive study for Lake Sidney Lanier, Lake Wal ter F. George, and West Point Lake shall be initiated during 1990. At least three compre hensive studies for remaining lakes shall be initiated in each subsequent year. The duration of each study shall not exceed two years. A scientific report on each comprehensive study shall be published within 120 days after the completion of the study. Draft recommenda tions for numerical criteria for each of the water quality parameters will be simultaneously published, taking into account the scientific findings. A public notice of the draft recom mendations, including a copy of the recommendations, will be made available to local offi cials, appropriate state colleges and universities, other appropriate scientific institutions, and appropriate state and federal agencies for comment. A comment period of not less than 45 days nor more than 60 days will be provided. (h) The director or the director's designee shall conduct a public hearing within the above-referenced comment period in the vicinity of the lake before the final adoption of lake water quality standards for the lake. The director shall announce the date, time, place, and purpose of the public hearing at least 30 days prior to the hearing. A ten-day period subse quent to the hearing will be allowed for additional public comment. The director shall publish the date, time, place, and purpose of the public hearing at least twice during a period of 21 days prior to the date of the hearing. Such publication shall be in one or more newspapers of general circulation in the area served by the lake. The director shall also notify the broadcast media of the area served by the lake of the date, time, place, and purpose of the public hearing at least ten days prior to the date of the hearing. Copies of the scientific report on the comprehensive study of the lake, including the draft recommenda tions, shall be available at the public hearing and shall be distributed to interested parties at their request prior to the hearing. (i) The Department of Natural Resources will evaluate the comments received during the comment period and during the public hearing and will then develop recommended final standards and criteria for submission to the Board of Natural Resources for consideration and approval. One copy of the recommended final standards and criteria will be provided to each commenter and each participant in the public hearing 15 days prior to the board meeting. (j) The final recommendations of the director for lake water quality standards shall be made to the Board of Natural Resources within 60 days after the close of the comment period subsequent to the public hearing provided for in subsection (h) of this Code section. The standards, with such modifications as the board may determine, shall be adopted by the Board of Natural Resources within 60 days after receiving the recommendations from the director. Such standards shall be published by the Board of Natural Resources and made available to all interested local government officials and citizens of the area served by the lake. (k) At the discretion of the director, comment periods and deadlines set forth above may be extended, but in no circumstance shall more than one year elapse between the com pletion of the lake study and the adoption of the final recommendations." 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. 1546 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 43, 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 SB 714 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 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 adhere to the Senate substitute to HB 1219 and that a Conference Committee be appointed. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1219. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Land of the 16th, Stumbaugh of the 55th and Taylor of the 12th. 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 1480. By Representatives Aaron of the 56th, Richardson of the 52nd, Redding of the 50th and Moultrie of the 93rd: A bill to amend Code Section 48-5-512 of the Official Code of Georgia Annotated, relating to the issuance of executions against public utilities failing to file returns with the state revenue commissioner, so as to authorize the state revenue com missioner or the tax collector or tax commissioner of each county to issue execu tions against public utilities for the amount of taxes due the state, the county, a county school district, or any municipality within the county. HB 1145. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, so as to provide for additional crimes; to provide for a definition; to provide that such additional crimes shall apply only to public employees entering service after a certain date. THURSDAY, FEBRUARY 22, 1990 1547 HB 1298. By Representative Smith of the 78th: A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers. HB 1757. By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information. The following bills of the House were read the first time and referred to committees: HB 1145. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, so as to provide for additional crimes; to provide for a definition; to provide that such additional crimes shall apply only to public employees entering service after a certain date. Referred to Committee on Retirement. HB 1298. By Representative Smith of the 78th: A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers. Referred to Committee on Governmental Operations. HB 1480. By Representatives Aaron of the 56th, Richardson of the 52nd, Redding of the 50th and Moultrie of the 93rd: A bill to amend Code Section 48-5-512 of the Official Code of Georgia Annotated, relating to the issuance of executions against public utilities failing to file returns with the state revenue commissioner, so as to authorize the state revenue com missioner or the tax collector or tax commissioner of each county to issue execu tions against public utilities for the amount of taxes due the state, the county, a county school district, or any municipality within the county. Referred to Committee on Banking and Finance. HB 1757. By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information. Referred to Committee on Appropriations. 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 474, adopted previ ously, until 10:00 o'clock A.M. on Monday, February 26; the motion prevailed. 1548 JOURNAL OF THE SENATE At 12:44 P.M., Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced the Senate would stand in recess until 5:00 o'clock P.M. at which time the Sen ate would stand adjourned pursuant to SR 474, adopted previously, until 10:00 o'clock A.M. on Monday, February 26. MONDAY, FEBRUARY 26, 1990 1549 Senate Chamber, Atlanta, Georgia Monday, February 26, 1990 Thirty-third Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Thursday, February 22, 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 1850. By Representative Couch of the 36th: A bill to amend an Act providing a new charter for the City of Hapeville, Geor gia, so as to change the provisions relating to elections and terms of the members of the governing authority of the city. HB 1916. By Representative Murphy of the 18th: A bill to amend an Act creating the office of sole commissioner of Haralson County, so as to submit to the voters of Haralson County the question of chang ing the form of government of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County. HB 1927. By Representative Carter of the 146th: A bill to amend an Act creating the Board of Commissioners of Berrien County, so as to change the provisions relating to the compensation of members of the board of commissioners. HB 1930. By Representatives Couch of the 36th and McKinney of the 40th: A bill to amend an Act providing a new charter for the City of Hapeville, so as to provide that the City of Hapeville shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursu ant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law". HB 1942. By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to change the penalties for ordinance violations. 1550 JOURNAL OF THE SENATE HB 1943. By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd, Lawrence of the 48th, Williams of the 48th and others: A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the penalties which may be imposed by such court. HB 1945. By Representatives Irwin of the 13th, Clark of the 13th, Thurmond of the 67th and Stephens of the 68th: A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, so as to provide for the number of mem bers and for the election of members of the Board of Education of Clarke County. HB 1952. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the Town of East Dublin, so as to change the corporate name of the Town of East Dublin to the City of East Dublin. HB 1953. By Representative Poag of the 3rd: A bill to continue the Board of Education of Murray County and provide for its composition, powers, duties, rights, obligations, and liabilities; to provide for an at-large member of that board. HB 1955. By Representative Branch of the 137th: A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Fitzgerald for individuals 65 years of age or older. HB 1956. By Representatives Padgett of the 86th, Ransom of the 90th, Harris of the 84th, Jackson of the 83rd, Connell of the 87th and others: A bill to amend an Act creating the Augusta Judicial Circuit, so as to authorize the governing authority of each county comprising the Augusta Judicial Circuit to supplement the state paid compensation of probation officers and other proba tion personnel of the Augusta Judicial Circuit. HB 1959. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd, Benefield of the 72nd and Davis of the 72nd: A bill to provide a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00. HB 1962. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to provide for an advisory referendum election to be held in Catoosa County for the purpose of determining whether or not the adoption of a compre hensive land use plan and zoning ordinance for unincorporated Catoosa County is preferred by the electors of such county. HB 1963. By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 71st: A bill to amend an Act relating to the board of education and school superinten dent of the Carroll County School District, so as to change the education districts of said school district. MONDAY, FEBRUARY 26, 1990 1551 HB 1965. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Davis of the 72nd and others: A bill to amend an Act establishing a new charter for the City of College Park, so as to authorize the City of College Park to have and be authorized to exercise any and all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain powers. HB 1967. By Representatives Howren of the 20th, Clark of the 20th, Gresham of the 21st, Thompson of the 20th, Atkins of the 21st and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff. HB 1968. By Representatives Barnett of the 59th and Mobley of the 64th: A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city. HB 1970. By Representative Ray of the 98th: A bill to provide for the Board of Education of Peach County. SB 713. By Senator Edge of the 28th: A bill to amend an Act creating a new charter for the City of Griffin, as amended, so as to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation. 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. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 647. By Senator McKenzie of the 14th: A bill to provide a new charter for the City of Ellaville; to provide for incorpora tion, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling va cancies, compensation, qualifications, prohibitions, and removal from office rela tive to members of such governing authority. The House has passed by the requisite constitutional majority the following bills of the House: HB 1383. By Representatives Green of the 106th, Childers of the 15th, Ricketson of the 82nd, Parham of the 105th and Parrish of the 109th: A bill to amend Article 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health care agencies, so as to change a certain term; to clarify 1552 JOURNAL OF THE SENATE the scope of home health agency service areas which are exempt from a certifi cate of need. HB 1482. By Representatives Hanner of the 131st, Ray of the 98th and Smith of the 152nd: A bill to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes, so as to change the effective date of the cen sus for the purpose of certain laws providing for the compensation of certain local officials. HB 1158. By Representative Watson of the 114th: A bill to amend Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to criminal trespass by motor vehicle, so as to change the provisions re lating to the identification of parking areas by signs which denote the elements of the crime of criminal trespass by motor vehicle. HB 1050. By Representative Oliver of the 53rd: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions of eminent domain, so as to provide that after con demnation, the condemning body shall maintain the condemned property free of garbage, trash, and waste materials. HB 1425. By Representatives Ray of the 98th, Watson of the 114th, Jenkins of the 80th and Crawford of the 5th: A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to prohibit moving or transporting certain mobile homes which do not have at tached and displayed thereon the decals required under Code Section 48-5-492. HB 1807. By Representatives Milam of the 81st, Alford of the 57th, Davis of the 72nd and Bishop of the 94th: A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to float a vessel on certain lakes with a toilet that is not designed for no discharge and to fail to display a certificate of compliance; to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Boat Safety Act," so as to expand the definition of "protected fresh waters". HB 46. By Representatives Dover of the llth, Lord of the 107th, Colwell of the 4th, Twiggs of the 4th and Dobbs of the 74th: 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 for certain members for service on active duty in the armed forces of the United States during World War II. HB 1513. By Representatives Orrock of the 30th, Aaron of the 56th, Dixon of the 128th, Cummings of the 134th, Thomas of the 31st and others: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize an employee in the classified service who has accumulated sick leave to utilize such sick leave at any time such employee is sick; to require an em- MONDAY, FEBRUARY 26, 1990 1553 ployee to telephone the appropriate authority each day when such employee is absent from work on sick leave. HB 1779. By Representatives Poston of the 2nd, Oliver of the 53rd, Chambless of the 133rd and Holland of the 136th: A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, so as to pro vide that certain retired magistrates be authorized to perform marriage ceremonies. HB 1449. By Representative Robinson of the 96th: 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 revise the laws relating to trade secrets; to provide a short title. HB 1490. By Representatives Robinson of the 96th and Buck of the 95th: A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes generally, so as to exempt social workers, professional counselors, and marriage and family ther apists from the levy of any license, occupation, or professional tax by counties and municipalities. The House has passed by the requisite constitutional majority the following resolutions of the House: HR 809. By Representative Heard of the 43rd: A resolution directing the State Health Planning Agency to make certain studies and reports. HR 834. By Representative Floyd of the 154th: A resolution directing the conveyance of certain state owned real property lo cated in Liberty County, Georgia. HR 122. By Representatives Kingston of the 125th, McDonald of the 12th, Milam of the 81st and others: A resolution urging the United States Congress to propose an amendment to the United States Constitution providing for a balanced budget; rescinding a request for the calling of a constitutional convention. The House has passed by the requisite constitutional majority the following bills of the House: HB 1598. By Representatives Isakson of the 21st, Ransom of the 90th, Yates of the 75th, Titus of the 143rd, Davis of the 72nd and others: A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the State Board of Education to provide by rule or regulation for the form, content, and issuance of student identification cards; to provide guidelines for the issuance of such cards. 1554 JOURNAL OF THE SENATE HB 1144. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th: A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to require courses concerning the impact of alcohol, smoking, and drug abuse upon health. HB 999. By Representative Martin of the 26th: 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 attorney in fact for health care to make health care decisions on behalf of such person; to provide for definitions; to provide for a durable power of attorney for health care; to provide for certain required contents of such documents. HB 1797. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be maintained in connection with drivers' licenses, so as to provide for furnishing abstracts of driving records to certain agencies. HB 1957. By Representative Dobbs of the 74th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for the collection and disposal of sewage from flush toilets used at construction sites and special events. HB 1484. By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Brown of the 88th: A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to enable the De partment of Human Resources, Division of Youth Services to provide realistic employment training and experience for committed youths. HB 1614. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law. HB 1811. By Representative Goodwin of the 63rd: A bill to amend Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of certain levies on land, so as to provide for delivery of certain notice by certified mail. HB 1620. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedures for sales under tax levies and executions, so as to change certain provisions regarding sales under tax executions; to change certain provi sions regarding advertisement of tax levies and written notice of tax executions. MONDAY, FEBRUARY 26, 1990 1555 The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate: HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A resolution authorizing the conveyance of certain state owned real property lo cated in Cherokee County, Georgia. HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A resolution designating the "Plantation Parkway". SR 280. By Senator Fincher of the 54th: A resolution designating the Jennie Weyman Memorial Bridge. HR 936. By Representatives Childers of the 15th and Athon of the 57th: A resolution urging the Governor to designate April 22 through 28, 1990, as "Or gan and Tissue Donor Awareness Week" in Georgia. The following bills of the Senate were introduced, read the first time and referred to committees: ;' SB 756. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and Ragan i'.\ of the 32nd: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date. Referred to Committee on Urban and County Affairs. SB 757. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and Ragan of the 32nd: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the compensation of the solicitor and assistant solicitors; to pro vide for related matters; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 758. By Senator Brannon of the 51st: A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Gordon County; to provide a short title; to provide for definitions; to provide for the district's governing authority. Referred to Committee on Urban and County Affairs. SB 759. By Senator Pollard of the 24th: A bill to amend an Act providing for the election of members of the board of education of Columbia County, as amended, so as to provide that the members of the board of education of Columbia County shall be elected by the voters of their respective education districts only; to provide for the manner of electing such members; to provide for terms of office. Referred to Committee on Urban and County Affairs. 1556 JOURNAL OF THE SENATE The following bills and resolutions of the House were read the first time and referred to committees: HB 46. By Representatives Dover of the llth, Lord of the 107th, Colwell of the 4th and others: 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 for certain members for service on active duty in the armed forces of the United States during World War II. Referred to Committee on Retirement. HB 999. By Representative Martin of the 26th: 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 attorney in fact for health care to make health care decisions on behalf of such person; to provide for definitions; to provide for a durable power of attorney for health care; to provide for certain required contents of such documents. Referred to Committee on Human Resources. HB 1050. By Representative Oliver of the 53rd: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions of eminent domain, so as to provide that after con demnation, the condemning body shall maintain the condemned property free of garbage, trash, and waste materials. Referred to Committee on Judiciary. HB 1144. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th: A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to require courses concerning the impact of alcohol, smoking, and drug abuse upon health. Referred to Committee on Education. HB 1158. By Representative Watson of the 114th: A bill to amend Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to criminal trespass by motor vehicle, so as to change the provisions re lating to the identification of parking areas by signs which denote the elements of the crime of criminal trespass by motor vehicle. Referred to Committee on Industry and Labor. HB 1383. By Representatives Green of the 106th, Childers of the 15th, Ricketson of the 82nd and others: A bill to amend Article 7 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health care agencies, so as to change a certain term; to clarify the scope of home health agency service areas which are exempt from a certificate of need. Referred to Committee on Human Resources. HB 1425. By Representatives Ray of the 98th, Watson of the 114th, Jenkins of the 80th and Crawford of the 5th: A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to MONDAY, FEBRUARY 26, 1990 1557 prohibit moving or transporting certain mobile homes which do not have at tached and displayed thereon the decals required under Code Section 48-5-492. Referred to Committee on Banking and Finance. HB 1449. By Representative Robinson of the 96th: 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 revise the laws relating to trade secrets; to provide a short title. Referred to Committee on Industry and Labor. HB 1482. By Representatives Banner of the 131st, Ray of the 98th and Smith of the 152nd: A bill to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes, so as to change the effective date of the cen sus for the purpose of certain laws providing for the compensation of certain local officials. Referred to Committee on Governmental Operations. HB 1484. By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Brown of the 88th: A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to enable the De partment of Human Resources, Division of Youth Services to provide realistic employment training and experience for committed youths. Referred to Committee on Children and Youth. HB 1490. By Representatives Robinson of the 96th and Buck of the 95th: A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes generally, so as to exempt social workers, professional counselors, and marriage and family ther apists from the levy of any license, occupation, or professional tax by counties and municipalities. Referred to Committee on Industry and Labor. HB 1513. By Representatives Orrock of the 30th, Aaron of the 56th, Dixon of the 128th and others: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize an employee in the classified service who has accumulated sick leave to utilize such sick leave at any time such employee is sick; to require an em ployee to telephone the appropriate authority each day when such employee is absent from work on sick leave. Referred to Committee on Governmental Operations. HB 1598. By Representatives Isakson of the 21st, Ransom of the 90th, Yates of the 75th and others: A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the State Board of Education to provide by rule or regulation for the form, content, and issuance of student identification cards; to provide guidelines for the issuance of such cards. Referred to Committee on Education. 1558 JOURNAL OF THE SENATE HB 1614. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law. Referred to Committee on Banking and Finance. HB 1620. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedures for sales under tax levies and executions, so as to change certain provisions regarding sales under tax executions; to change certain provi sions regarding advertisement of tax levies and written notice of tax executions. Referred to Committee on Banking and Finance. HB 1779. By Representatives Poston of the 2nd, Oliver of the 53rd, Chambless of the 133rd and Holland of the 136th: A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, so as to pro vide that certain retired magistrates be authorized to perform marriage ceremonies. Referred to Committee on Special Judiciary. HB 1797. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be maintained in connection with drivers' licenses, so as to provide for furnishing abstracts of driving records to certain agencies. Referred to Committee on Public Safety. HB 1807. By Representatives Milam of the 81st, Alford of the 57th, Davis of the 72nd and Bishop of the 94th: A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to float a vessel on certain lakes with a toilet that is not designed for no discharge and to fail to display a certificate of compliance; to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Boat Safety Act," so as to expand the definition of "protected fresh waters". Referred to Committee on Natural Resources. HB 1811. By Representative Goodwin of the 63rd: A bill to amend Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of certain levies on land, so as to provide for delivery of certain notice by certified mail. Referred to Committee on Special Judiciary. HB 1957. By Representative Dobbs of the 74th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for MONDAY, FEBRUARY 26, 1990 1559 the collection and disposal of sewage from flush toilets used at construction sites and special events. Referred to Committee on Natural Resources. HR 122. By Representatives Kingston of the 125th, McDonald of the 12th, Milam of the 81st and others: A resolution urging the United States Congress to propose an amendment to the United States Constitution providing for a balanced budget; rescinding a request for the calling of a constitutional convention. Referred to Committee on Rules. HR 809. By Representative Heard of the 43rd: A resolution directing the State Health Planning Agency to make certain studies and reports. Referred to Committee on Human Resources. HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A resolution designating the "Plantation Parkway". Referred to Committee on Transportation. HR 834. By Representative Floyd of the 154th: A resolution directing the conveyance of certain state owned real property lo cated in Liberty County, Georgia. Referred to Committee on Public Utilities. HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A resolution authorizing the conveyance of certain state owned real property lo cated in Cherokee County, Georgia. Referred to Committee on Public Utilities. HR 936. By Representatives Childers of the 15th and Athon of the 57th: A resolution urging the Governor to designate April 22 through 28, 1990, as "Or gan and Tissue Donor Awareness Week" in Georgia. Referred to Committee on Rules. HB 1850. By Representative Couch of the 36th: A bill to amend an Act providing a new charter for the City of Hapeville, Geor gia, so as to change the provisions relating to elections and terms of the members of the governing authority of the city. Referred to Committee on Urban and County Affairs. HB 1916. By Representative Murphy of the 18th: A bill to amend an Act creating the office of sole commissioner of Haralson County, so as to submit to the voters of Haralson County the question of chang ing the form of government of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County. Referred to Committee on Urban and County Affairs. 1560 JOURNAL OF THE SENATE HB 1927. By Representative Carter of the 146th: A bill to amend an Act creating the Board of Commissioners of Berrien County, so as to change the provisions relating to the compensation of members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1930. By Representatives Couch of the 36th and McKinney of the 40th: A bill to amend an Act providing a new charter for the City of Hapeville, so as to provide that the City of Hapeville shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursu ant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law". Referred to Committee on Urban and County Affairs. HB 1942. By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd and others: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to change the penalties for ordinance violations. Referred to Committee on Urban and County Affairs. HB 1943. By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd and others: A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the penalties which may be imposed by such court. Referred to Committee on Urban and County Affairs. HB 1945. By Representatives Irwin of the 13th, Clark of the 13th, Thurmond of the 67th and Stephens of the 68th: A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, so as to provide for the number of mem bers and for the election of members of the Board of Education of Clarke County. Referred to Committee on Urban and County Affairs. HB 1952. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the Town of East Dublin, so as to change the corporate name of the Town of East Dublin to the City of East Dublin. Referred to Committee on Urban and County Affairs. HB 1953. By Representative Poag of the 3rd: A bill to continue the Board of Education of Murray County and provide for its composition, powers, duties, rights, obligations, and liabilities; to provide for an at-large member of that board. Referred to Committee on Urban and County Affairs. MONDAY, FEBRUARY 26, 1990 1561 HB 1955. By Representative Branch of the 137th: A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Fitzgerald for individuals 65 years of age or older. Referred to Committee on Urban and County Affairs. HB 1956. By Representatives Padgett of the 86th, Ransom of the 90th, Harris of the 84th and others: A bill to amend an Act creating the Augusta Judicial Circuit, so as to authorize the governing authority of each county comprising the Augusta Judicial Circuit to supplement the state paid compensation of probation officers and other proba tion personnel of the Augusta Judicial Circuit. Referred to Committee on Urban and County Affairs. HB 1959. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and others: A bill to provide a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00. Referred to Committee on Urban and County Affairs. HB 1962. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to provide for an advisory referendum election to be held in Catoosa County for the purpose of determining whether or not the adoption of a compre hensive land use plan and zoning ordinance for unincorporated Catoosa County is preferred by the electors of such county. Referred to Committee on Urban and County Affairs. HB 1963. By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 71st: A bill to amend an Act relating to the board of education and school superinten dent of the Carroll County School District, so as to change the education districts of said school district. Referred to Committee on Urban and County Affairs. HB 1965. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and others: A bill to amend an Act establishing a new charter for the City of College Park, so as to authorize the City of College Park to have and be authorized to exercise any and all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain powers. Referred to Committee on Urban and County Affairs. HB 1967. By Representatives Howren of the 20th, Clark of the 20th, Gresham of the 21st and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, 1562 JOURNAL OF THE SENATE the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff. Referred to Committee on Urban and County Affairs. HB 1968. By Representatives Barnett of the 59th and Mobley of the 64th: A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 1970. By Representative Ray of the 98th: A bill to provide for the Board of Education of Peach County. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Appropriations has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1314. Do pass by substitute. HB 1757. Do pass by substitute. HR 723. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Banking and Finance has has 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 1646. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Consumer Affairs has had under consideration the following resolu tion and of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 471. Do pass. Respectfully submitted, Senator Langford of the 35th District, Chairman MONDAY, FEBRUARY 26, 1990 1563 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 1251. Do pass. Respectfully submitted, Senator Howard of the 42nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1215. Do pass. HB 1440. Do pass. HB 1228. Do pass. HB m2 DQ pag8 HB 1352. Do pass. HB 1390. Do pass. HB 1632' D Pass- HB 1392. Do pass. HB 1633. Do pass. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 109. Do pass. HB 639. Do pass. HB 738. Do pass. Respectfully submitted, Senator Timmons of the llth District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 429. Do pass. SR 472. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: 1564 JOURNAL OF THE SENATE HB 1174. HB 1582. HImB 1,7_64. HB 1839. HB 1851. HB 1863. Do pass. Do pass. D^o pass. Do pass. Do pass. Do pass. HB 1876. HB 1878 uHrB> ,18,,7,,9,,. HB 188HB 1881. Respectfully submitted, Do pass. Do pasg by substitute. D,,o pass. Do pass. Do pass. Senator Harris of the 27th District, Chairman The following bills of the House were read the second time: HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th, and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility re quired for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only. 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. HB 1644. By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, so as to provide for a one-time fee for licenses or permits. 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 33034 February 23, 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 23, 1990. The list is numbered 1066 through 1084. Received by Is/ Hamilton McWhorter, Jr. Most sincerely, Is/ Max Cleland Secretary of State MONDAY, FEBRUARY 26, 1990 1565 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 1066 through 1084, who have registered in the Docket of Legislative Appearance as of February 23, 1990, 2:30 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 23rd 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. 1066. J. Richard Petersen, Jr. 1305 Westlakes Drive Berwyn, Pennsylvania 19132 (215)889-2752 Cigna Corporation 1067. Terri Branning, 1360 Peachtree St., Suite 1300 Atlanta, Georgia 30309 (404)898-4701 Cigna Corporation 1068. J David Nickles 4360 N.E. Expressway Doraville, Georgia 30340 (404)448-6666 Pfizer, Inc. 1069. Marion A. Suitt Rt. 2, Box 680 Boone, North Carolina 28607 (704)264-2649 Glaxo, Inc. 1070. Michael Dowda 103 Powell Decatur, Georgia 30030 (404)371-9019 Fathers Are Parents Too 1071. Sam M. Poole One American Place #1820 Baton Rouge, Louisiana 70825 (504)344-3201 Dupont Company 1072. Francis D. Mangieri 5905 Polo Drive Cumming, Georgia 30130 (404)889-1555 Ciba-Geigy Pharmaceutical 1073. Audrey W. Knight 521 Golfview Dr. Peachtree City, Georgia 30269 (404)487-8403 Newnan Eagle Forum 1074. Frederick W. Hoffman CIMS 416-13-08 12000 Chrysler Driver Highland Park, Missouri 48288-1919 (313)956-2514 Chrysler Corporation 1075 Jacqueline Azar 489 Cameron St. SE Atlanta, Georgia 30312 (404)853-4011 Pro-Life 1076. Andrew G. Martinez 1311 Executive Center Drive Suite 121 Tallahassee, Florida 32301 (904)878-0939 Nationwide Insurance Companies 1077. Bonnie D. Winfrey, A.A.H.C.C. P. 0. Box 82324 Hapeville, Georgia 30349 (404)768-4072 Bradley Method Of Natural Childbirth 1566 JOURNAL OF THE SENATE 1078. Heather Bennett McCabe 3296 Briarcliff Rd. N.E. Atlanta, Georgia 30345 (404)377-3836 Families Forum Rehabilitation and Education For Adults And Children, Inc. Division For Early Childhood Of Council For Exceptional Children 1079. Cindy L. Arceneaux 3296 Briarcliff Rd. NE Atlanta, Georgia 30345 (404)728-1571 Families Forum North Metro Family & Preschool Program PTA 1080. Patricia M. Smith 1851 Ram Runway College Park, Georgia 30337 (404)761-3150 Association For Retarded Citizens Of Georgia 1081. Richard Verzyl, Jr. 3770 Belle Glade Trail Lithonia, Georgia 30358 (404)529-0354 Gwinnett Right To Life, Inc. 1082. Garnett B. Prince 735 Pine Needle Road Hampton, Georgia 30228 (404)477-9966 Warner-Lambert Company 1083. Fran Toliver 5901-B P'tree-Dunwoody Rd Suite 475 Atlanta, Georgia 30328 (404)698-0968 Georgia Fed. of Teachers AFL/CIO 1084. Monica C. Jones 1400 W. Peachtree Atlanta, Georgia 30309 (404)249-8200 Atlanta Task Force For Persons With Disabilities 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 Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not answering were Senators: Barker Egan English Scott of 36th Senator Hammill of the 3rd introduced the chaplain of the day, Reverend Darrell Joiner, castor of Central Baptist Church, Brunswick, Georgia, who offered scripture reading and prayer. MONDAY, FEBRUARY 26, 1990 1567 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 26, 1990 THIRTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1174 Tate, 38th Shumake, 39th Scott, 36th Engram, 34th Langford, 35th Fulton County Provides for investment authority for the Board of Education of Fulton County, and control of investments in the system for pension and retirement pay to the teachers. HB 1582 Tate, 38th Scott, 36th Stumbaugh, 55th Engram, 34th Langford, 35th Egan, 40th DeKalb and Fulton Counties City of Atlanta Revises certain costs and service fees charged by the clerk and marshal of the municipal court of the City of Atlanta. HB 1764 Engram, 34th Langford, 35th Starr, 44th Clayton and Fulton Counties City of College Park Provides a homestead exemption for the homestead of each resident of the City of College Park, with certain qualifications, in the amount of $40,000.00 of its value. HB 1839 English, 21st Gillis, 20th Washington County City of Sandersville Provides a new charter for the City of Sandersville. HB 1851 Phillips, 9th Gwinnett County City of Lilburn Changes the corporate limits of the City of Lilburn. 1568 JOURNAL OF THE SENATE HB 1863 Broun, 46th Clarke County Changes the compensation of the Solicitor of the City Court of Clarke County; makes the Solicitor a full-time Solicitor. HB 1876 Broun, 46th Jackson County City of Commerce Creates the Commerce Civic Center and Tourism Authority. *HB 1878 Collins, 17th Butts County Provides for per diem and expenses of members of the Butts County Board of Education. (SUBSTITUTE) HB 1879 Collins, 17th Henry County City of Hampton Revises certain provisions relating to the jurisdiction and powers of the mu nicipal court. HB 1880 Collins, 17th Henry County City of Stockbridge Provides for a municipal court and the judge or judges thereof. HB 1881 Collins, 17th Henry County City of Locust Grove Revises certain provisions relating to the jurisdiction and powers of the mu nicipal court; changes certain provisions relating to judges, procedures, ap peal, rules, and penalties. The substitute to the following bill was put upon its adoption: *HB 1878: The Senate Committee on County and Urban Affairs offered the following substitute to HB 1878: A BILL To be entitled an Act to amend an Act providing for the election of the members of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), so as to provide for per diem and expenses of members of such board; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the election of the members of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), is amended by adding a new section immediately following Section 7, to be designated Section 7A, to read as follows: "Section 7A. Members of the board shall, when approved by the board, receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board; provided, however, that such per diem MONDAY, FEBRUARY 26, 1990 1569 shall not exceed $300.00 per month. In addition, such members of the board shall, when approved by the board, be reimbursed for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county school superintendent. The compensation of members of the board shall be paid only from the local tax funds available to the board for educational purposes." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. 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 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 Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: McKenzie Parker Scott of 36th Shumake Taylor On the passage of all the local bills, the yeas were 51, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1878, having received the requisite constitutional majority, were passed. HB 1878, having received the requisite constitutional majority, was passed by substitute. Senator Scott of the 2nd moved that the following bill of the House be withdrawn from 1570 JOURNAL OF THE SENATE the Senate Committee on Public Utilities and committed to the Senate Committee on Pub lic Safety. HB 1568. By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th and others: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a used car dealer. On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 1568 was with drawn from the Senate Committee on Public Utilities and committed to the Senate Com mittee on Public Safety. SENATE RULES CALENDAR Monday, February 26, 1990 THIRTY-THIRD LEGISLATIVE DAY SB 714. Water Quality Control Act--standards for certain lakes (Substitute) (Amend ment) (Nat R--33rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) SB 514. Drug Conviction--superior court clerks publish names (Amendments) (S Judy--45th) SB 307 Ambulance Operated by Political Subdivisions--insurance coverage (Amend ment) (Ins--42nd) SB 649 Escrow Accounts Relating to Residential Property Conveyance--interest pay ment (Amendment) (C Aff--2nd) SB 682 Child Abuse Records--solicitor and assistant, coroner may access (Judy--38th) SB 707 State Property, Instruments, Plats--recording time with Properties Commission (Pub U--2nd) SB 735 Subdivision Plats--regulations (Amendment) (U&CA G--10th) SB 741 Salt-Water Fishing--licensing, feeS for nonresidents (Nat R--7th) SB 746 Disposition of Unclaimed Property Act--provide (B&F--8th) SB 750 Health Insurance--coverage for mammograms, Pap smears (Amend- ment)(Ins--55th) SB 751 Flea Market Sales--persons selling keep certain records (Gov Op--20th) SR 427 Floyd County--easements for gas pipelines (Substitute) (Pub U--52nd) SR 443 Liberty County--conveyance of certain state property (Substitute) (Pub U--3rd) SR 452 Senate Urban Creeks Study Committee--create (Nat R--41st) SR 455 Senate Study Committee on Equalized Adjusted School Property Tax Di gest--create (Ed--48th) SR 457 Commissioner of Education--in place of State School Superintendent (Ed--50th) SR 461 Ernest W. Strickland Bridge--designate (Trans--4th) SB 599 Plea of Insanity--definition of mentally retarded (Amendment) (Judy--17th) HB 1385 Campaign Financial Disclosure Reports--occupation of certain contributors (Substitute) (Amendments) (Gov Op--45th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 577 Medical Assistance Act--drug bidding programs, rebates (Substitute) (Amend ments) (Approp--44th) MONDAY, FEBRUARY 26, 1990 1571 HB 1433 Board of Hearing Aid Dealers and Dispensers--provisions on termination (Hum R--25th) Respectfully submitted, Is/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bill of the Senate, having been read the third time and final ac tion suspended on February 22, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: 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. The substitute to SB 714 offered by Senator Barnes of the 33rd on February 22, as it appears in the Journal of February 22, 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. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes ^>orawnennon gu""n pi Coleman Collins Dawkins Deal Dean Echols Edge Egan Engram Foster FuUer Gillis HHoamwamrdill Huggins Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th RRaaygan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: English Fincher Garner Harris Johnson Scott of 2nd Taylor On the passage of the bill, the yeas were 49, nays 0. 1572 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed by substitute. The following resolution of the Senate was read and adopted: SR 478. By Senators McKenzie of the 14th, Broun of the 46th, Kennedy of the 4th and others: A resolution commending Mr. John T. McKenzie. Senator McKenzie of the 14th introduced Honorable John McKenzie, a former Senator, who briefly addressed the Senate. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. The following resolution of the Senate was read and adopted: SR 479. By Senators Kidd of the 25th, Kennedy of the 4th, Dean of the 31st and others: A resolution wishing Honorable Zell Bryan Miller a happy birthday. The following general bill of the Senate, having been read the third time on February 20 and postponed until February 22, was put upon its passage: 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. The Senate Committee on Special Judiciary offered the following amendment: Amend SB 514 by striking on lines 24 through 26 of page 1 the following: "jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first of fender treatment by a court of competent jurisdiction", and inserting in lieu thereof the following: "jurisdiction, or the acceptance of a plea of nolo contendere". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. Senators Pollard of the 24th and Dawkins of the 45th offered the following amendment: Amend SB 514 by striking lines 3 through 7 of page 1 and inserting in lieu thereof the following: "the superior courts, so as to provide that the clerk of the superior court shall maintain on a weekly basis a listing of each person convicted of an offense involving drugs; to provide for the content of the list; to provide that such list shall be available for public inspection; to provide an effective date; to repeal conflicting". By striking lines 5 through 19 of page 2 and inserting in lieu thereof the following: "(b) The clerk of the superior court shall maintain in the office of the clerk on a weekly basis a list of each person who was convicted in the superior court of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug during the previous week. The list shall include the name, address, MONDAY, FEBRUARY 26, 1990 1573 and age of the person convicted and the offense for which such person was convicted. The list shall be available for public inspection during the regular office hours of the clerk." 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 Brannon Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Turner Tysinger Walker Voting in the negative was Senator Parker. Those not voting were Senators: Bowen Clay Hammill Kennedy (presiding) McKenzie Shumake Starr Timmons 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 following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 478. By Senators Pollard of the 24th, Turner of the 8th, Garner of the 30th and others: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date. 1574 JOURNAL OF THE SENATE The House substitute to SB 478 was as follows: A BILL To be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," as enacted by Senate Bill 533 adopted at the 1990 regular session of the General Assembly, so as to provide for permits for biomedical waste thermal treatment technology facilities; to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provi sions shall not apply to certain municipal solid waste landfills and permits therefor; to pro vide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," as enacted by Sen ate Bill 533 adopted at the 1990 regular session of the General Assembly, is amended by adding at the end of Code Section 12-8-23.1, relating to the powers and duties of the direc tor of the Environmental Protection Division of the Department of Natural Resources, a new subsection (c) to read as follows: "(c) No permit for a biomedical waste thermal treatment technology facility shall be issued by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility by showing that there is not presently in existence within the state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this article, 'biomedical waste thermal treatment technology facility* means any facility the purpose of which is to reduce the amount of bi omedical waste to be disposed of through a process of combustion, with or without the pro cess of waste to energy." Section 2. Said part is further amended by striking Code Section 12-8-25.2, relating to sites within certain distances of significant ground-water recharge areas, and substituting in lieu thereof a new Code Section 12-8-25.2 to read as follows: "12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a signifi cant ground-water recharge area unless such municipal solid waste landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director. Unless the governing authority of the municipality adopts a resolution requiring a liner and leachate collection system prior to the date on which a permit is issued, this Code section shall not apply to any proposed municipal solid waste landfill for a municipal or county government for which the director of the Environ mental Protection Division of the Department of Natural Resources has issued a site accept ability letter prior to March 15, 1989, if such site acceptability letter did not require a liner and leachate collection system." 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 Pollard of the 24th moved that the Senate disagree to the House substitute to SB 478. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 478. MONDAY, FEBRUARY 26, 1990 1575 The following general bills of the Senate, favorably reported by the committees, were read the third and put upon their passage: SB 307. By Senator Howard of the 42nd: A bill to amend Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage for ambulances, so as to provide for the inapplica bility to ambulances and first responders operated by political subdivisions of the state. The Senate Committee on Insurance offered the following amendment: Amend SB 307 by adding on line 5 of page 1 after the word "state" and before the semicolon the following: "which are self-insured". By adding on line 8 of page 2 after the stricken word "municipality" and before the period the following: "which is self-insured". 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 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 Brannon Broun BCluaryton Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller garner Gilhs HHaamrrims ill Howard Huggins Johnson Kidd Langford Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th R f 32nd Ra S,,co ,. of,, 2,, nd, Scott of 36th Starr Tate Taylor Turner Tysinger Walker Those not voting were Senators: Bowen Dawkins Kennedy (presiding) Land McKenzie Peevy Shumake Stumbaugh Timmons On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 1576 JOURNAL OF THE SENATE 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. Senator Barker of the 18th offered the following amendment: Amend SB 649 by striking "3" on line 13 page 2 and adding "5". On line 17 page 2 strike ", if applicable." and add "whichever is greater, if applicable." Senator Scott of the 2nd moved that SB 649 be committed to the Senate Committee on Consumer Affairs. On the motion, the yeas were 42; nays 0; the motion prevailed, and SB 649 was commit ted to the Senate Committee on Consumer Affairs. 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the 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 Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Bowen Coleman Fuller Kennedy (presiding) Kidd Ragan of 10th Starr Timmons MONDAY, FEBRUARY 26, 1990 1577 On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 707. By Senators Scott of the 2nd and Edge of the 28th: A bill to amend Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, so as to change the time and requirements of recording certain state real property acqui sition and disposition instruments and plats with the State Properties Commis sion; to provide for other matters relative thereto; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Garner Huggins Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Albert Barnes Bowen English Fuller Gillis Hammill Harris Howard Johnson Kennedy (presiding) Parker Starr Taylor Timmons On the passage of the bill, the yeas 41, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Hammill of the 3rd introduced the doctor of the day, Dr. William Haley, of St. Simons Island, Georgia. The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 647. By Senator McKenzie of the 14th: A bill to provide a new charter for the City of Ellaville; to provide for incorpora tion, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling va cancies, compensation, qualifications, prohibitions, and removal from office rela tive to members of such governing authority. 1578 JOURNAL OF THE SENATE The House amendment was as follows: Amend SB 647 by striking from line 1 of page 36 the following: "The", and inserting in lieu thereof the following: "(a) The councilmembers shall be elected from five council districts, from and by the voters of such council districts. A candidate for councilmember must be a resident and qual ified voter of the council district he or she seeks to represent. The mayor shall be elected by the voters of the entire City of Ellaville and must be a resident and qualified voter of the city. (b) The mayor and councilmembers to serve in Posts 1 and 3 shall be elected in Decem ber of 1990 for terms of three years and until their successors are elected and qualified. Thereafter, successors to the mayor and such councilmembers shall be elected for terms of four years as provided in Section 5.11 of this charter. The councilmembers to serve in Posts 2, 4, and 5 shall be elected in December of 1991 for terms of four years and until their successors are elected and qualified and thereafter for terms of four years as provided in Section 5.11 of this charter. (c) The mayor and". Senator McKenzie of the 14th moved that the Senate agree to the House amendment to SB 647. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 647. The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 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. The Senate Committee on Urban and County Affairs offered the following amendment: Amend SB 735 by striking "to provide for penalties;" from line 6 of page 1. By striking "(1)" from line 13 of page 1. By striking from lines 7 through 19 of page 2 the following: "(2) Any owner, proprietor, or agent of an owner or proprietor of real property in a municipality or county who with intent to defraud sells, agrees to sell, offers to sell, or nego tiates to sell any real property or the improvements thereon by reference to, exhibition of, or other use of a plat of subdivision of such real property before obtaining the approval of the municipal or county planning commission or governing authority as required by this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law." On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. MONDAY, FEBRUARY 26, 1990 1579 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Coleman Egan Garner Kennedy (presiding) Langford McKenzie Olmstead Phillips Scott of 36th Shumake Timmons 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 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker arnes f?owen Burton QJ Collins Dawkins Deal Dean Echols Engram Fincher Foster Fuller Gillis Hammill Harris Howard Johnson Kidd Land Langford McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Turner Walker 1580 JOURNAL OF THE SENATE Voting in the negative were Senators Egan and Newbill. Those not voting were Senators: Brannon Coleman English Garner Huggins Kennedy (presiding) Scott of 2nd Taylor Timmons Tysinger On the passage of the bill, the yeas were 44, nays 2. The bill, having received the requisite constitutional majority, was passed. 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. Senator Turner of the 8th offered the following amendment: Amend SB 746 by striking lines 16 through 22 of page 14 and inserting in lieu thereof the following: "44-12-199. The following funds held or owing by any utility presumed abandoned: (1) Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the termination of the services for which the deposit or advance payment was made; and (2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the date it became payable in accor dance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds." By striking from line 28 of page 14 the following: "one year", and inserting in lieu thereof the following: "seven years". By striking from line 4 of page 16 the following: "one year", and inserting in lieu thereof the following: "seven years". By striking from line 9 and line 24 of page 17 the following: "one year", and inserting in lieu thereof the following: "seven years". MONDAY, FEBRUARY 26, 1990 1581 By striking from line 14 of page 17 the following: "three", and inserting in lieu thereof the following: "seven". By striking from line 29 of page 17 the following: "ten", and inserting in lieu thereof the following: "seven". By striking from line 20, line 25, and line 27 of page 21 the following: "five", and inserting in lieu thereof the following: "seven". On the adoption of the amendment, the yeas were 38, nays 0, and the amendment of fered by Senator Turner of the 8th was adopted. Senator Barnes of the 33rd offered the following amendment: Amend SB 746 by striking on page 4, line 9, the following: "unused airline tickets". On the adoption of the amendment offered by Senator Barnes of the 33rd, the yeas were 30, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill Howard Muggins Johnson Kidd Land Langford McKenzie Newbill Olms tead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker 1582 JOURNAL OF THE SENATE Those not voting were Senators: Allgood Coleman Garner Harris Kennedy (presiding) Shumake Tysinger On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 750. By Senator Stumbaugh of the 55th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits. The Senate Committee on Insurance offered the following amendment: Amend SB 750 by adding before the period on line 18 of page 2 and line 15 of page 4 the following: "except a disability income, specified disease, medicare supplement, or hospital indem nity policy". On the adoption of the amendment, the yeas were 35, 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 Brannon Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Broun Clay Kennedy (presiding) Kidd Turner On the passage of the bill, the yeas were 51, nays 0. MONDAY, FEBRUARY 26, 1990 1583 The bill, having received the requisite constitutional majority, was passed as amended. SB 751. By Senator Gillis of the 20th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require persons selling or offering for sale certain personal property at flea markets to maintain certain records; to provide for requirements for such records; to provide for time periods. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon Burton Fincher Fuller Garner Gillis Hammill g"TM, Howard Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd D Dawkins Deal Dean Echols Edge English Engram Kidd Land Langford McKenzie Newbill Olmstead Parker Scott of 36th Starr Tate Timmons Turner Tysinger Walker Those not voting were Senators: Bowen Broun Coleman Egan Foster Kennedy (presiding) Shumake Stumbaugh Taylor On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 427. By Senator Fuller of the 52nd: A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date. The Senate Committee on Public Utilities offered the following substitute to SR 427: A RESOLUTION Granting nonexclusive easements for construction, operation, and maintenance of natu ral gas distribution pipelines in, on, under, over, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. 1584 JOURNAL OF THE SENATE WHEREAS, the State of Georgia is the owner of certain real property located in Land Lots 210, 23rd Land District of Floyd County, Georgia; and WHEREAS, the Georgia Department of Transportation is constructing the East Rome Bypass, and a portion of said bypass crosses state property which is in the custody of the Department of Defense; and WHEREAS, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville currently have easements over state property and construction of said East Rome Bypass will necessitate the relocation of easement areas for Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville; and WHEREAS, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville desire to construct, operate, and maintain natural gas distribution pipelines in, on, under, over, upon, across, and through a portion of said property; and WHEREAS, the Georgia Department of Defense has requested the granting of nonex clusive easements to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville for the purpose of constructing, operating, and maintaining natural gas distribution pipelines. 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 hereinafter described real prop erty, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, 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, may grant to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, their successors and assigns, nonexclusive easements for the con struction, operation, and maintenance of natural gas distribution pipelines in, on, under, over, upon, across, and through the easement areas for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing natural gas distribution pipelines, together with the right of ingress and egress over adjacent land of the State of Georgia as may rea sonably be necessary to accomplish the aforesaid purposes. Said easement areas are located in Land Lot 210, 23rd District, Floyd County, Georgia, and are particularly described as those portions shown and delineated in red, blue, and green on Department of Transporta tion drawings dated October 31, 1989, on file in the office of the State Properties Commis sion, and to be more particularly described on a plat of survey to be presented to and ap proved by the State Properties Commission. Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operat ing natural gas distribution pipelines. Section 4. That Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville shall have the right to remove or cause to be removed from said ease ment areas only such trees and bushes as may be reasonably necessary for the proper con struction, operation, and maintenance of said natural gas distribution pipelines. Section 5. That, after Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville have constructed and put into use the natural gas distribution pipelines for which their respective easements are granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement areas granted herein. Upon abandon ment, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Sum merville, their successors and assigns, shall have the option of removing their facilities from the easement areas or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, its successors and assigns. Section 6. That no title shall be conveyed to Southern Natural Gas Company, Planta- MONDAY, FEBRUARY 26, 1990 1585 tion Pipeline Company, and the City of Summerville, and, except as herein specifically granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Natural Gas Com pany, Plantation Pipeline Company, and the City of Summerville. Section 7. That the easements granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best inter est of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted. Section 8. That the consideration for each such easement shall be the mutual benefit to the parties from the construction, operation, and maintenance of said natural gas distribu tion pipelines. Section 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement areas. Section 10. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. Section 11. That all laws and parts of laws in conflict with this resolution are repealed. Senator Fuller of the 52nd offered the following amendment: Amend the committee substitute to SR 427 by adding in the title on line 2 of page 1 between the word "gas" and the word "distribution" the following: "transmission and". By adding on line 22 of page 1 between the word "gas" and the word "distribution" the following: "transmission and". By adding on line 5 of page 2 between the word "gas" and the word "distribution" the following: "transmission and". By adding on line 19 of page 2 between the word "gas" and the word "distribution" the following: "transmission and". By adding at the end of line 22 of page 2 following the word "gas" the following: "transmission and". By adding on line 8 of page 3 between the word "gas" and the word "distribution" the following: "transmission and". By adding on line 14 of page 3 between the word "gas" and the word "distribution" the following: "transmission and". By adding on line 18 of page 3 between the word "gas" and the word "distribution" the following: "transmission and". 1586 JOURNAL OF THE SENATE By adding on line 19 of page 3 between the word "abandonment" and the word "of the following: "by Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, or their respective successors and assigns,". By adding at the end of line 24 on page 4 following the word "gas" the following: "transmission and". On the adoption of the amendment, the yeas were 33, nays 0, and the amendment of fered by Senator Fuller of the 52nd was adopted. On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Albert Barker Howard Kennedy (presiding) McKenzie Scott of 2nd Scott of 36th Shumake Starr Taylor Timmons On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. The President resumed the Chair. 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. MONDAY, FEBRUARY 26, 1990 1587 The Senate Committee on Public Utilities offered the following substitute to SR 443: A RESOLUTION Directing the conveyance of certain state owned real property located in Liberty County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, The Department of Transportation is the owner of certain parcels of real property located in Liberty County, Georgia; and WHEREAS, said real property is all those tracts or parcels of land lying and being in Liberty County, Georgia, lying in and being a part of G.M.D. 17 and being generally de scribed as follows: Those certain tracts or parcels of land situate, lying and being west from the intersec tion of U.S. Highway 84 and General Stewart Way, running along the northern and south ern right of way of General Stewart Way with the northern tract being approximately 75' in width and 1,907' in length and the southern tract being approximately 75' in width and 1,555' in length, 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 Georgia Department of Transportation by the adjoining property owners; and WHEREAS, said property is under the custody and management of the Department of Transportation; and WHEREAS, said property was conveyed to the Department of Transportation in 1941 for a consideration of $1.00; and WHEREAS, said parcels are not being utilized by the Department of Transportation and are, therefore, surplus to its needs; and WHEREAS, the adjoining property owners are desirous of obtaining the above-de scribed property which adjoins their individual properties. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: Section 1. That the Department of Transportation is the owner of the above-described real property. Section 2. That the above-described real property shall be sold and conveyed by appro priate instrument to the adjoining property owners by the Department of Transportation for a consideration of $18,000.00 per acre. Section 3. That the Department of Transportation is directed to do all acts and things necessary and proper to effect such conveyance. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. That all laws and parts of laws in conflict with this resolution 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 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: 1588 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Brannon rton Dawkins j}ea[ Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Hu^ins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd ay Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Barker Broun Clay English Parker Scott of 2nd Scott of 36th Shumake Taylor Timmons 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 resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption: SR 452. By Senators Tysinger of the 41st and Gillis of the 20th: A resolution creating the Senate Urban Creeks Study Committee. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Burton ~"}y PLDoelafll.mmsan Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggms Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard RRaagg"aann of of 1320nthd, Ray Scott of 36th Turner Tysinger Walker MONDAY, FEBRUARY 26, 1990 1589 Those not voting were Senators: Barker BBrroanunnon Dawkins Hammill Parker Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Burton Clay Coleman Collins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Barker Brannon Broun Dawkins English Garner Hammill Parker Ragan of 10th Scott of 2nd Turner 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 resolutions and bill of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: 1590 JOURNAL OF THE SENATE SR 457. By Senator Foster of the 50th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the office of Commis sioner of Education in place of the office of State School Superintendent; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and substituting in lieu thereof new subparagraphs (a) and (b) to read as follows: "(a) As used in this Paragraph, the term 'public official' means the Governor, the Lieu tenant Governor, the Secretary of State, the Attorney General, the Commissioner of Educa tion, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly. (b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the in dictment to the Governor or, if the indicted public official is the Governor, to the Lieuten ant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be com posed of the Attorney General, the Secretary of State, the Commissioner of Education, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of La bor. If the indicted public official is the Attorney General, the commission shall be com posed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the Gen eral Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commis sion shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer pe riod of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and ad versely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which the officer was suspended. While a public official is suspended under this Paragraph and until initial conviction by the trial court, the officer shall continue to receive the compensation from the office. After ini tial conviction by the trial court, the officer shall not be entitled to receive the compensation from the office. If the officer is reinstated to office, the officer shall be entitled to receive any compensation withheld under the provisions of this Paragraph." Section 2. Article V, Section II, Paragraph VIII of the Constitution is amended by strik ing subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows: "(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, Commissioner of Educa- MONDAY, FEBRUARY 26, 1990 1591 tion, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified." Section 3. Article V, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, Commissioner of Education, Commissioner of Insurance, Commissioner of Agricul ture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor." Section 4. Article V, Section III, Paragraph II of the Constitution is amended by strik ing subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows: "(a) No person shall be eligible to the office of the Secretary of State, Attorney General, Commissioner of Education, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or apppointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties." Section 5. Article V, Section IV, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieuten ant Governor, the Secretary of State, the Attorney General, the Commissioner of Education, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor." Section 6. Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. Commissioner of Education. There shall be a Commissioner of Educa tion, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The Commis sioner of Education shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for elec tion as Commissioner of Education during the time for which such member shall have been appointed." Section 7. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to provide for the office of Com missioner of Education in place of the office of State School Superintendent?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote 1592 JOURNAL OF THE SENATE ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Collins Dawkins Dean Echols Edge English Engrain Fincher Foster Fuller Garner Gillis Harris Howard Huggins 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 Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Voting in the negative was Senator Egan. Those not voting were Senators: Barker Brannon Coleman Deal Hammill Perry Shumake On the adoption of the resolution, the yeas were 48, nays 1. The resolution, having received the requisite two-thirds constitutional majority, was adopted. SR 461. By Senator Kennedy of the 4th: A resolution designating the Ernest W. Strickland Bridge. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean MONDAY, FEBRUARY 26, 1990 1593 Echols Edge Egan English Engram Fo'ns'tehrer FGualrlneer r Gillis Hammill Harris Howard Hugging Johnson Kennedy Kidd Land JMfc^Kfefnrzdie NOelmwsbtiellad Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr S,,tumbaugh ,Tiaavtlor Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Barker Coleman Phillips Scott of 2nd Shumake Walker On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 599. By Senators Collins of the 17th, Phillips of the 9th, Barker of the 18th and others: A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetently at time of crime, so as to change a definition; to provide an effective date and for applicability. The Senate Committee on Judiciary offered the following amendment: Amend SB 599 by striking from lines 19 through 23 of page 1 the following: "intellectual functioning significantly impairs one's ability to understand the wrongfulness of one's acts and their consequences. However, the term 'mentally retarded' shall not include a mental state manifested only by repeated unlawful or antisocial conduct." and inserting in lieu thereof the following: "intellectual functioning impairs one's ability to understand the wrongfulness of one's acts and their consequences or impairs one's ability to avoid the coercion of another to commit an illegal act." Senator Broun of the 46th moved that SB 599 be committed to the Senate Committee on Judiciary. Senator Collins of the 17th moved the previous question. Senator Broun of the 46th moved that SB 599 be placed on the Table. On the motion offered by Senator Broun of the 46th to table SB 599, which motion takes precedence, Senator Collins of the 17th called for the yeas and nays; the call was sustained, and the vote was as follows: 1594 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Allgood Bowen Broun Burton CDDoaelwaenmkmans Echols English Fuller Garner Gillis Hammill Harris Huggins Johnson KLKTied-nJdJnedy Langford McKenzie Olmstead Parker Peevy Perry Ragan of 10th Ray Scott of 2nd SSouhcoutmt aokife36th Stumbaugh Tate Taylor Turner Walker Those voting in the negative were Senators: Albert Baldwin BBBaararrnkneensron Qjay Collins Deal Edge Egan EyF,l.nngcrh,aemr Foster Howard Land Newbill Phillips P-Rnoalglaanrdof 0302ndj Starr Timmons Tysinger On the motion, the yeas were 34, nays 22; the motion prevailed, and SB 599 was placed on the Table. The following general bill of the House, having been read the third time and final ac tion suspended on February 21, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: 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. Senate Sponsor: Senator Dawkins of the 45th. The substitute to HB 1385 offered by the Senate Committee on Governmental Opera tions on February 21 and adopted as amended by the amendments (1) offered by Senator Barnes of the 33rd, (2) offered by Senators Harris of the 27th, Kidd of the 25th, Dean of the 31st, Allgood of the 22nd and Walker of the 43rd, (3) offered by Senators Allgood of the 22nd and Phillips of the 9th, (4) offered by Senator Scott of the 2nd, and (5) offered by Senators Pollard of the 24th and Starr of the 44th on February 21, as they appear in the Journal of February 21, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 43, 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: MONDAY, FEBRUARY 26, 1990 1595 Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Collins Oawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis 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 Tate Taylor Timmons Turner Tysinger Voting in the negative was Senator Walker. Those not voting were Senators: Barnes Coleman Hammill Peevy Scott of 2nd Stumbaugh On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Starr of the 44th. The Senate Committee on Appropriations offered the following substitute to HB 577: A BILL To be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for drug application fees; to authorize drug rebate negotiations and agreements; to provide for the inclusion of certain drugs upon a specified list; to require disclosure of certain drug pricing arrangements; to provide for reimbursement amounts; to provide for statutory construction; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding at the end of Code Section 49-4-142, relating to the creation of the Department of Medical Assistance, a new subsection to read as follows: "(c) The department is authorized to establish drug application fees which shall be equal to the department's cost of investigating and determining whether a new drug product 1596 JOURNAL OF THE SENATE should be included in the Controlled Medical Assistance Drug List. Such fees shall be ad justed annually and shall be paid by the drug manufacturers at the time of application." Section 2. Said article is further amended by adding after Code Section 49-4-152.1 a new Code section to read as follows: "49-4-152.2. (a) The department is authorized to negotiate and enter into agreements directly with manufacturers and distributors whose prescription drug products are sold in the state for sole-source and multiple-source drugs to be paid for under the state plan for eligible recipients under this article. Such agreements shall provide for a periodic rebate of a negotiated percentage of the total product cost to be paid by the manufacturer or distribu tor of a specific product covered under the state plan. (b) Prescription drug products shall be included in the Controlled Medical Assistance Drug List only upon satisfaction and completion of the application and approval process established by the department. Those products for which a rebate has been successfully negotiated shall automatically be included in the Controlled Medical Assistance Drug List for a period of time coterminous with the negotiated rebate. (c) If there has been a failure to negotiate or renew a rebate agreement for a specific prescription drug product, the pharmaceutical manufacturer or distributor of that product shall disclose to the department its most favorable pricing arrangements available to state and nonstate government purchasers of such products. If the department determines that the product needs to be included in the Controlled Medical Assistance Drug List, the de partment shall establish the amount to be reimbursed for such product based upon the price information provided by the manufacturer or distributor. The determination as to whether a product should be included in the Controlled Medical Assistance Drug List shall be based upon the product's efficacy, cost, medical necessity, and safety. (d) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157." Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval except that Section 2 of this Act shall become effec tive on July 1, 1990. Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 577 offered by the Senate Committee on Appropriations by striking the quotation mark from line 4 of page 3 and inserting between lines 4 and 5 of page 3 the following: "(e) Any primary antianginal medications and antiarthritic medications approved by the federal Food and Drug Administration for the treatment and prevention of angina pectoris and arthritis as of July 1, 1990, which are reimbursable by the department as of July 1, 1990, shall not be subject to prior approval or state pricing limitations.'" On the adoption of the amendment offered by Senator Kidd of the 25th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Broun Clay Egan Hammill Kidd Newbill Olmstead Phillips Ragan of 32nd Scott of 2nd Scott of 36th Shumake MONDAY, FEBRUARY 26, 1990 1597 Those voting in the negative were Senators: Albert Allgood Baldwin Barker Bowen Burton CCoollleimnsan Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis HHoarwriasrd Huggins Johnson Kennedy Land Langford McKenzie Parker Peevy Perry Ragan of 10th n av **n S0 t, umb, augh, late T?ylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Pollard On the adoption on the amendment, the yeas were 12, nays 41, and the amendment offered by Senator Kidd of the 25th was lost. Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 577 offered by the Senate Committee on Appropriations by adding between lines 2 and 3 of page 3 the following: "(d) The department is further authorized to negotiate state-wide or regional agree ments with manufacturers or distributors of pharmaceutical products which are reimbursed by the department for the purchase, distribution, and delivery of such pharmaceutical products." By redesignating subsection (d) on line 3 of page 3 as subsection (e). On the adoption of the amendment offered by Senator Kidd of the 25th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Clay Egan Fuller Hammill Kidd Newbill Olmstead Peevy Phillips Ragan of 32nd Scott of 36th Those voting in the negative were Senators: Allgood Baldwin Barker Bowen Broun Sman Collins Dawkins Dean Echols Edge English Engram Fincher Foster Garner Gillis SoTrd Huggins Johnson Kennedy Land Langford McKenzie Parker Perry Ragan Of ioth j^ay Starr *"** ,;ate Taylor Timmons Turner Tysinger Walker 1598 JOURNAL OF THE SENATE Those not voting were Senators: Barnes Brannon Deal Pollard Scott of 2nd Shumake On the adoption of the amendment, the yeas were 12, nays 38, and the amendment offered by Senator Kidd of the 25th was lost. Senator Hammill of the 3rd offered the following amendment: Amend the substitute to HB 577 offered by the Senate Committee on Appropriations by deleting on page 1, lines 18-24, Section 1, paragraph (c) in its entirety. On the adoption of the amendment offered by Senator Hammill of the 3rd, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Deal Echols Epogsatner Hammill Kidd Land Peevy Perry Phillips Ragan of 32nd Scott of 2nd Shumake Those voting in the negative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Dean Edge English Engram Fincher Fuller Garner Gillis Harris Howard Huggins Johnson Kennedy Langford McKenzie Newbill Olmstead Parker Pollard Ragan of 10th Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Not voting was Senator Barnes. On the adoption of the amendment, the yeas were 13, nays 42, and the amendment offered by Senator Hammill of the 3rd was lost. Senator Starr of the 44th offered the following amendment: Amend the substitute to HB 577 offered by the Senate Committee on Appropriations by striking "to be reimbursed" from line 31 of page 2 and inserting "of the rebate" in its place. On the adoption of the amendment, the yeas were 48, nays 0, and the amendment of fered by Senator Starr of the 44th was adopted. On the adoption of the substitute, the yeas were 51, nays 0, and the substitute was adopted as amended. MONDAY, FEBRUARY 26, 1990 1599 The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge English Engram Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Deal Foster Egan Phillips Not voting was Senator Barnes. On the passage of the bill, the yeas were 51, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Collins of the 17th moved that the following bill of the bill of the Senate, hav ing been placed on the Table previously today, be taken from the Table: SB 599. By Senators Collins of the 17th, Phillips of the 9th, Barker of the 18th and others: A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at time of crime, so as to change a definition; to provide an effective date and for applicability. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Clay Collins Echols Edge Egan Land Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Shumake Starr Taylor Timmons Turner Tysinger 1600 JOURNAL OF THE SENATE Those voting in the negative were Senators: Allgood Bowen Broun Burton Coleman Dawkins Deal Dean English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Olmstead Parker Peevy Ray Scott of 2nd Scott of 36th Stumbaugh Tate Walker Not voting were Senators Barnes and Brannon. On the motion, the yeas were 21, nays 33; the motion was lost, and SB 599 was not taken from the Table. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1433. By Representative Childers of the 15th: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the pro visions relating to the termination of the State Board of Hearing Aid Dealers and Dispensers and the repeal of the laws relating thereto. 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 Bowen Broun Burton lav Coleman DCoawlliknisns Deal Dean Edge Egan Engram Fincher Foster Fuller Garner Hammill Harris Howard Muggins Johnson KKiedndnedy Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd ^ Scott f 2nd ,,Shumak,f,.e,,3,,6th, Starr Stumbaugh Tate Turner Tysinger Walker Voting in the negative was Senator Taylor. MONDAY, FEBRUARY 26, 1990 1601 Those not voting were Senators: Barker Barnes Brannon Echols English Gillis McKenzie Timmons On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 777. By Representatives Thomas of the 69th, Groover of the 99th, Walker of the 115th and Murphy of the 18th: A resolution proposing an amendment to the Constitution so as to provide for suits against state officials and employees; to provide for the liability of state officials and employees for injuries and damages arising from their discharge of their official functions. The House has passed by the requisite constitutional majority the following bills of the House: HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth, Long of the 142nd, Coleman of the 118th and Bostick of the 138th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and con trolled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to pro vide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution. HB 1813. By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state. HB 1939. By Representatives Barnett of the 10th, Murphy of the 18th, Childers of the 15th and Parham of the 105th: A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide additional conditions for revocation of certificates of need or authority to operate. HB 1414. By Representatives Richardson of the 52nd, Childers of the 15th, Oliver of the 121st, Teper of the 46th, Barfoot of the 120th and others: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to strike Chapter 11A thereof, relating to 1602 JOURNAL OF THE SENATE dieticians and dietetic counselors, and reenact a new Chapter 11A regulating the practice of dieticians; to provide for a short title. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 886. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Connell of the 87th, Lee of the 72nd and others: A resolution creating the Joint Study Committee on State Officials' Compensation. The House has passed by the requisite constitutional majority the following bill of the House: HB 553. By Representatives Sinkfield of the 37th, Benn of the 38th and Heard of the 43rd: A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to al low eligible licensed personnel, paraprofessionals, and aides to participate in de velopment programs. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 861. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Simpson of the 70th and Randall of the 101st: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to confer "by law" jurisdiction on municipal courts over viola tions of state law. The House has passed by the requisite constitutional majority the following bills of the House: HB 1293. By Representatives Snow of the 1st, McCoy of the 1st, Padgett of the 86th, Dunn of the 73rd, Carrell of the 65th and others: A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecution for certain offenses must be commenced. HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th, Lee of the 72nd, Buck of the 95th and others: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions re lating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time. HB 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the 78th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit. MONDAY, FEBRUARY 26, 1990 1603 HB 1574. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Ransom of the 90th and Walker of the 85th: 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 six the number of judges for the Augusta Judicial Circuit. HB 1305. By Representatives Holmes of the 28th and Lupton of the 25th: A bill to provide for an additional judge of the Superior Court of the Atlanta Judicial Circuit. HB 947. By Representatives Dobbs of the 74th, Alford of the 57th and Green of the 106th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 887. By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st, Buford of the 103rd, Lucas of the 102nd and others: A resolution designating the F. Emory Greene Memorial Bridge. HR 931. By Representatives Randall of the 101st, Birdsong of the 104th, Groover of the 99th, Lucas of the 102nd and Buford of the 103rd: A resolution designating the Joe A. Whitherington Bridge. The House has passed by the requisite constitutional majority the following bills of the House: HB 1946. By Representatives Thomas of the 69th, Simpson of the 70th, Meadows of the 91st, Yates of the 75th, Jones of the 71st and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor. HB 1944. By Representatives Titus of the 143rd and Long of the 142nd: A bill to provide a new charter for the City of Thomasville, Georgia. HB 1972. By Representative Carrell of the 65th: A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the date of municipal elections; to provide for election of the mayor and councilmembers. HB 1973. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Jersey. HB 1979. By Representatives Holland of the 136th and Hudson of the 117th: A bill to amend an Act amending, consolidating, and superseding the several Acts of the General Assembly of the State of Georgia pertaining to the City of 1604 JOURNAL OF THE SENATE Ashburn, so as to provide that the mayor and council-members shall serve for two-year terms; to provide for elections. HB 1980. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating the State Court of Rockdale County, so as to change the provisions relating to the salary of the judge of said court. HB 1981. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the judge of the probate court. HB 1982. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the provisions relating to the compensation of the chairman and the other members of the board of commissioners. HB 1983. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the provisions relating to the annual salary of the chief magistrate. HB 1984. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, so as to change the provisions relating to the compensation of the coroner. HB 1985. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the provisions relating to the compensation of the sheriff. HB 1986. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act to reincorporate the City of Forest Park in the County of Clayton, so as to change the corporate limits. HB 1987. By Representative Holland of the 136th: A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to change the method of filling va cancies on such board. HB 1988. By Representative Holland of the 136th: A bill to amend an Act providing a new charter for the City of Warwick, so as to provide that the mayor and members of the city council shall serve for two-year terms; to provide for elections. MONDAY, FEBRUARY 26, 1990 1605 HB 1989. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the provisions relating to the salary of the tax commissioner. HB 1990. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the provisions relating to the compensation of the clerk of the superior court. HB 1991. By Representative Holland of the 136th: A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court. HB 1992. By Representatives Holland of the 136th and Hanner of the 131st: A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies. HB 1993. By Representatives Thomas of the 69th, Jones of the 71st, Simpson of the 70th, Kilgore of the 42nd, Cummings of the 17th and others: A bill to amend an Act known as the "West Georgia Regional Water Authority Act," so as to include Carroll County as a member county of the West Georgia Regional Water Authority; to change the membership of the authority. HB 1994. By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st, Ehrhart of the 20th, Thompson of the 20th and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge. HB 1995. By Representatives Clark of the 20th, Thompson of the 20th, Vaughan of the 20th, Aiken of the 21st, Atkins of the 21st and others: A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city. HB 1975. By Representative Carrell of the 65th: A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain disabled residents of that school district who have annual incomes not exceeding $15,000.00. HB 1976. By Representative Carrell of the 65th: A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain residents of that school district who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over. 1606 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 848. By Representatives Hudson of the 117th and Birdsong of the 104th: A resolution designating the Everett Floyd Dykes Highway. HR 909. By Representative Edwards of the 112th: A resolution designating the Eloise Woolridge Bridge. HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, McDonald of the 12th and others: A resolution relative to establishment of the Georgia General Assembly's Confer ence on Children of Cocaine and Substance Abuse; establishing a conference steering committee. The House has passed by the requisite constitutional majority the following bills of the House: HB 1827. By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd: A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide require ments for urinals. HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st: A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions. HB 1969. By Representative Thomas of the 69th: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to provide that the tempo rary assignments of judges shall be made by the district administrative judge. HB 1143. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th: A bill to amend Code Section 20-2-270 of the Official Code of Georgia Annotated, establishing a state-wide network of regional educational service agencies, so as to change the assistance to be provided to member local school systems. HB 1663. By Representative Buford of the 103rd: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for the continuation of certain personnel positions in the offices of dis trict attorneys under certain circumstances; to provide for position transfers. HB 1834. By Representatives Holland of the 136th, Moultrie of the 93rd and Poston of the 2nd: A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to the renouncement of succession, so as to provide that the document stating such renouncement shall be delivered to the transferor or his personal representative by hand delivery or by mail. MONDAY, FEBRUARY 26, 1990 1607 The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 574. By Representative Smith of the 78th: A resolution compensating Mr. Chris A. Smith. HR 682. By Representative Smith of the 16th: A resolution compensating the Richard B. Russell Airport. HR 719. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris. HR 776. By Representative Childers of the 15th: A resolution compensating Mr. Hoyt L. Nelson. HR 785. By Representative Powell of the 145th: A resolution compensating Mr. Harold 0. Day. HR 786. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller. HR 787. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Melissa D. Walker. The House has passed by the requisite constitutional majority the following bills of the House: HB 1810. By Representatives Porter of the 119th, Jackson of the 9th and Barnett of the 10th: A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed. HB 1854. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Hanner of the 131st, Connell of the 87th and others: 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. HB 1618. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, so as to change certain provisions regarding the calculation of esti mated tax liability. HB 1621. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order. 1608 JOURNAL OF THE SENATE HB 1702. By Representative Coleman of the 118th: A bill to amend Code Section 48-5-349.2 of the Official Code of Georgia Anno tated, relating to procedure for appeals to the Ad Valorem Assessment Review Commission, so as to provide for additional assessments in certain cases involv ing disapproval by the state revenue commission of a subsequent digest. HB 1700. By Representative Coleman of the 118th: A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to examination of county tax digests, so as to limit the circumstances under which taxes may be collected under a disapproval digest. HB 1549. By Representatives Campbell of the 23rd, Stancil of the 8th, Isakson of the 21st, Tolbert of the 58th, Howren of the 20th and others: A bill to amend Code Section 17-10-1.1 of the Official Code of Georgia Anno tated, relating to victim impact statements, so as to provide that prosecuting at torneys shall provide victim impact statement forms to victims; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person. HB 1640. By Representative Mangum of the 57th: A bill to amend Code Section 20-2-833 of the Official Code of Georgia Annotated, relating to additional payments to certain supervisors of student teachers, so as to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional pay ments to supervisors of student teachers. HB 1427. By Representatives Richardson of the 52nd, Thomas of the 31st, Sinkfield of the 37th, Davis of the 29th, Williams of the 48th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual and group accident and sickness insur ance coverage of mammograms and Pap smears. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 849. By Representative McDonald of the 12th: A resolution creating the Georgia Courts Automation Commission. The House has passed by the requisite constitutional majority the following bills of the House: HB 278. By Representative Felton of the 22nd: A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an ex ception for certain municipal corporations. HB 253. By Representative McDonald of the 12th: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1990, in addition to any other appropriations heretofore or hereafter MONDAY, FEBRUARY 26, 1990 1609 made for the operation of state government and the purposes provided for herein. HB 1272. By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th and Jackson of the 9th: A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimbursement; to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimbursement of travel expenses. HB 1756. By Representatives Smyre of the 92nd, Mangum of the 57th, Lawson of the 9th and Hooks of the 116th: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to pro vide for variations in the program weights; to change certain minimum expendi ture requirements. HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th ;' and Coleman of the 118th: S A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to ': public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or op erating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally. ! The House has adopted by the requisite constitutional majority the following resolution of the House: ; HR 930. By Representatives Balkcom of the 140th, McDonald of the 12th and Patten of the 149th: A resolution requiring the Department of Natural Resources to report to the General Assembly of Georgia certain income and expenditures of funds. ' The House has passed by the requisite constitutional majority the following bills of the House: HB 1925. By Representative Twiggs of the 4th: A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting and fishing licenses, permits, and stamps generally, so as to provide for hunting license reciprocity for Florida residents who are disabled veterans. HB 1203. By Representatives Dover of the llth, Murphy of the 18th, Lee of the 72nd, i Lane of the 27th and Walker of the 115th: \ A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide a comprehensive statute to facili tate a drug-free public work force in Georgia; to provide a short title. 1610 JOURNAL OF THE SENATE HB 516. By Representative Hamilton of the 124th: A bill to amend Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, so as to provide for a tangible savings award to be granted under certain circumstances. HB 1680. By Representatives Teper of the 46th, Watson of the 114th and Stancil of the 66th: A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes and other state codes, so as to provide that on and after October 1, 1991, the Stan dard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county. HB 1808. By Representative Crosby of the 150th: A bill to amend Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, so as to provide that upon the approval, modification, or revocation of a permit for handling solid waste, and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal fa cility or site is located or to be located. HB 1578. By Representatives Martin of the 26th and Lupton of the 25th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of landmark historic property under certain cir cumstances; to change the provisions relating to the assessment of tangible property. HB 1899. By Representative Dobbs of the 74th: A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to change a certain definition; to provide for a lien for suppliers of rental tools, appliances, machinery, and equipment used to improve real estate. The following bills and resolutions of the House were read the first time and referred to committees: HR 777. By Representatives Thomas of the 69th, Groover of the 99th, Walker of the 115th and Murphy of the 18th: A resolution proposing an amendment to the Constitution so as to provide for suits against state officials and employees; to provide for the liability of state officials and employees for injuries and damages arising from their discharge of their official functions. Referred to Committee on Judiciary. HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and con trolled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to pro- MONDAY, FEBRUARY 26, 1990 1611 vide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution. Referred to Committee on Banking and Finance. HB 1813. By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state. Referred to Committee on Human Resources. HB 1939. By Representatives Barnett of the 10th, Murphy of the 18th, Childers of the 15th and Parham of the 105th: A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide additional conditions for revocation of certificates of need or authority to operate. Referred to Committee on Human Resources. HB 1414. By Representatives Richardson of the 52nd, Childers of the 15th, Oliver of the 121st and others: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to strike Chapter 11A thereof, relating to dieticians and dietetic counselors, and reenact a new Chapter 11A regulating the practice of dieticians; to provide for a short title. Referred to Committee on Human Resources. HR 886. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution creating the Joint Study Committee on State Officials' Compensation. Referred to Committee on Rules. HB 553. By Representatives Sinkfield of the 37th, Benn of the 38th and Heard of the 43rd: A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to al low eligible licensed personnel, paraprofessionals, and aides to participate in de velopment programs. Referred to Committee on Education. HR 861. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to confer "by law" jurisdiction on municipal courts over viola tions of state law. Referred to Committee on Judiciary. 1612 JOURNAL OF THE SENATE HB 1293. By Representatives Snow of the 1st, McCoy of the 1st, Padgett of the 86th and others: A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecution for certain offenses must be commenced. Referred to Committee on Special Judiciary. HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th and others: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions re lating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time. Referred to Committee on Banking and Finance. HB 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the 78th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit. Referred to Committee on Judiciary. HB 1574. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th and others: 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 six the number of judges for the Augusta Judicial Circuit. Referred to Committee on Judiciary. HB 1305. By Representatives Holmes of the 28th and Lupton of the 25th: A bill to provide for an additional judge of the Superior Court of the Atlanta Judicial Circuit. Referred to Committee on Judiciary. HB 947. By Representatives Dobbs of the 74th, Alford of the 57th and Green of the 106th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment. Referred to Committee on Human Resources. HR 887. By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st and others: A resolution designating the F. Emory Greene Memorial Bridge. Referred to Committee on Transportation. MONDAY, FEBRUARY 26, 1990 1613 HR 931. By Representatives Randall of the 101st, Birdsong of the 104th, Groover of the 99th and others: A resolution designating the Joe A. Whitherington Bridge. Referred to Committee on Transportation. HB 1946. By Representatives Thomas of the 69th, Simpson of the 70th, Meadows of the 91st and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor. Referred to Committee on Judiciary. HB 1944. By Representatives Titus of the 143rd and Long of the 142nd: A bill to provide a new charter for the City of Thomasville, Georgia. Referred to Committee on Urban and County Affairs. HB 1972. By Representative Carrell of the 65th: A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the date of municipal elections; to provide for election of the mayor and councilmembers. Referred to Committee on Urban and County Affairs. HB 1973. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Jersey. Referred to Committee on Urban and County Affairs. HB 1979. By Representative Holland of the 136th: A bill to amend an Act amending, consolidating, and superseding the several Acts of the General Assembly of the State of Georgia pertaining to the City of Ashburn, so as to provide that the mayor and council-members shall serve for two-year terms; to provide for elections. Referred to Committee on Urban and County Affairs. HB 1980. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating the State Court of Rockdale County, so as to change the provisions relating to the salary of the judge of said court. Referred to Committee on Urban and County Affairs. HB 1981. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the judge of the probate court. Referred to Committee on Urban and County Affairs. 1614 JOURNAL OF THE SENATE HB 1982. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the provisions relating to the compensation of the chairman and the other members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1983. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the provisions relating to the annual salary of the chief magistrate. Referred to Committee on Urban and County Affairs. HB 1984. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, so as to change the provisions relating to the compensation of the coroner. Referred to Committee on Urban and County Affairs. HB 1985. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the provisions relating to the compensation of the sheriff. Referred to Committee on Urban and County Affairs. HB 1986. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act to reincorporate the City of Forest Park in the County of Clayton, so as to change the corporate limits. Referred to Committee on Urban and County Affairs. HB 1987. By Representative Holland of the 136th: A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to change the method of filling va cancies on such board. Referred to Committee on Urban and County Affairs. HB 1988. By Representative Holland of the 136th: A bill to amend an Act providing a new charter for the City of Warwick, so as to provide that the mayor and members of the city council shall serve for two-year terms; to provide for elections. Referred to Committee on Urban and County Affairs. HB 1989. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the provisions relating to the salary of the tax commissioner. Referred to Committee on Urban and County Affairs. MONDAY, FEBRUARY 26, 1990 1615 HB 1990. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the provisions relating to the compensation of the clerk of the superior court. Referred to Committee on Urban and County Affairs. HB 1991. By Representative Holland of the 136th: A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court. Referred to Committee on Urban and County Affairs. HB 1992. By Representatives Holland of the 136th and Hanner of the 131st: A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies. Referred to Committee on Urban and County Affairs. HB 1993. By Representatives Thomas of the 69th, Jones of the 71st, Simpson of the 70th and others: A bill to amend an Act known as the "West Georgia Regional Water Authority Act," so as to include Carroll County as a member county of the West Georgia Regional Water Authority; to change the membership of the authority. Referred to Committee on Urban and County Affairs. HB 1994. By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge. Referred to Committee on Urban and County Affairs. HB 1995. By Representatives Clark of the 20th, 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 Acworth, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 1975. By Representative Carrell of the 65th: A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain disabled residents of that school district who have annual incomes not exceeding $15,000.00. Referred to Committee on Urban and County Affairs. HB 1976. By Representative Carrell of the 65th: A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain residents of that school district who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over. Referred to Committee on Urban and County Affairs. 1616 JOURNAL OF THE SENATE HR 848. By Representatives Hudson of the 117th and Birdsong of the 104th: A resolution designating the Everett Floyd Dykes Highway. Referred to Committee on Transportation. HR 909, By Representative Edwards of the 112th: A resolution designating the Eloise Woolridge Bridge. Referred to Committee on Transportation. HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, White of the 132nd and others: A resolution relative to establishment of the Georgia General Assembly's Confer ence on Children of Cocaine and Substance Abuse; establishing a conference steering committee. Referred to Committee on Rules. HB 1827. By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd: A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide require ments for urinals. Referred to Committee on Industry and Labor. HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st: A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions. Referred to Committee on Education. HB 1969. By Representative Thomas of the 69th: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to provide that the tempo rary assignments of judges shall be made by the district administrative judge. Referred to Committee on Judiciary. HB 1143. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th: A bill to amend Code Section 20-2-270 of the Official Code of Georgia Annotated, establishing a state-wide network of regional educational service agencies, so as to change the assistance to be provided to member local school systems. Referred to Committee on Education. HB 1663. By Representative Buford of the 103rd: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for the continuation of certain personnel positions in the offices of dis trict attorneys under certain circumstances; to provide for position transfers. Referred to Committee on Judiciary. MONDAY, FEBRUARY 26, 1990 1617 HB 1834. By Representatives Holland of the 136th, Moultrie of the 93rd and Poston of the 2nd: A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to the renouncement of succession, so as to provide that the document stating such renouncement shall be delivered to the transferor or his personal representative by hand delivery or by mail. Referred to Committee on Special Judiciary. HR 574. By Representative Smith of the 78th: A resolution compensating Mr. Chris A. Smith in the sum of $1785.00. Referred to Committee on Appropriations. HR 682. By Representative Smith of the 16th: A resolution compensating the Richard B. Russell Airport in the sum of $1256.84. Referred to Committee on Appropriations. HR 719. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris in the sum of $678.41. Referred to Committee on Appropriations. HR 776. By Representative Childers of the 15th: A resolution compensating Mr. Hoyt L. Nelson in the sum of $7378.25. Referred to Committee on Appropriations. HR 785. By Representative Powell of the 145th: A resolution compensating Mr. Harold O. Day in the sum of $2409.00. Referred to Committee on Appropriations. HR 786. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller in the sum of $3239.51. Referred to Committee on Appropriations. HR 787. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Melissa D. Walker in the sum of $410.03. Referred to Committee on Appropriations. HB 1810. By Representatives Porter of the 119th, Jackson of the 9th and Barnett of the 10th: A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed. Referred to Committee on Industry and Labor. HB 1854. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th and others: 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 Governmental Operations. 1618 JOURNAL OF THE SENATE HB 1618. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, so as to change certain provisions regarding the calculation of esti mated tax liability. Referred to Committee on Banking and Finance. HB 1621. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order. Referred to Committee on Banking and Finance. HB 1702. By Representative Coleman of the 118th: A bill to amend Code Section 48-5-349.2 of the Official Code of Georgia Anno tated, relating to procedure for appeals to the Ad Valorem Assessment Review Commission, so as to provide for additional assessments in certain cases involv ing disapproval by the state revenue commission of a subsequent digest. Referred to Committee on Banking and Finance. HB 1700. By Representative Coleman of the 118th: A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to examination of county tax digests, so as to limit the circumstances under which taxes may be collected under a disapproved digest. Referred to Committee on Banking and Finance. HB 1549. By Representatives Campbell of the 23rd, Stancil of the 8th, Isakson of the 21st and others: A bill to amend Code Section 17-10-1.1 of the Official Code of Georgia Anno tated, relating to victim impact statements, so as to provide that prosecuting at torneys shall provide victim impact statement forms to victims; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person. Referred to Committee on Special Judiciary. HB 1640. By Representative Mangum of the 57th: A bill to amend Code Section 20-2-833 of the Official Code of Georgia Annotated, relating to additional payments to certain supervisors of student teachers, so as to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional pay ments to supervisors of student teachers. Referred to Committee on Education. MONDAY, FEBRUARY 26, 1990 1619 HB 1427. By Representatives Richardson of the 52nd, Thomas of the 31st, Sinkfield of the 37th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual and group accident and sickness insur ance coverage of mammograms and Pap smears. Referred to Committee on Insurance. HR 849. By Representative McDonald of the 12th: A resolution creating the Georgia Courts Automation Commission. Referred to Committee on Judiciary. HB 278. By Representative Felton of the 22nd: A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of excisting municipal corporations generally, so as to provide an ex ception for certain municipal corporations. Referred to Committee on Urban and County Affairs (General). HB 253. By Representative McDonald of the 12th: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1990, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein. Referred to Committee on Appropriations. HB 1272. By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th and Jackson of the 9th: A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimbursement; to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimbursement of travel expenses. Referred to Committee on Appropriations. HB 1756. By Representatives Smyre of the 92nd, Mangum of the 57th, Lawson of the 9th and Hooks of the 116th: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to pro vide for variations in the program weights; to change certain minimum expendi ture requirements. Referred to Committee on Education. HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or op- 1620 JOURNAL OF THE SENATE erating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally. Referred to Committee on Public Utilities. HR 930. By Representatives Balkcom of the 140th, McDonald of the 12th and Patten of the 149th: A resolution requiring the Department of Natural Resources to report to the General Assembly of Georgia certain income and expenditures of funds. Referred to Committee on Natural Resources. HB 1925. By Representative Twiggs of the 4th: A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting and fishing licenses, permits, and stamps generally, so as to provide for hunting license reciprocity for Florida residents who are disabled veterans. Referred to Committee on Natural Resources. HB 1203. By Representatives Dover of the llth, Murphy of the 18th, Lee of the 72nd 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 a comprehensive statute to facili tate a drug-free public work force in Georgia; to provide a short title. Referred to Committee on Judiciary. HB 516. By Representative Hamilton of the 124th: A bill to amend Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, so as to provide for a tangible savings award to be granted under certain circumstances. Referred to Committee on Governmental Operations. HB 1680. By Representatives Teper of the 46th, Watson of the 114th and Stancil of the 66th: A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes and other state codes, so as to provide that on and after October 1, 1991, the Stan dard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county. Referred to Committee on Industry and Labor. HB 1808. By Representative Crosby of the 150th: A bill to amend Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, so as to provide that upon the approval, modification, or revocation of a permit for handling solid waste, and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal fa cility or site is located or to be located. Referred to Committee on Natural Resources. HB 1578. By Representatives Martin of the 26th and Lupton of the 25th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro- MONDAY, FEBRUARY 26, 1990 1621 vide for the fair market value of landmark historic property under certain cir cumstances; to change the provisions relating to the assessment of tangible property. Referred to Committee on Banking and Finance. HB 1899. By Representative Dobbs of the 74th: A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to change a certain definition; to provide for a lien for suppliers of rental tools, appliances, machinery, and equipment used to improve real estate. Referred to Committee on Industry and Labor. Senator Allgood of the 22nd moved that the Senate stand in recess until 7:00 o'clock P.M. at which time the Senate would stand adjourned until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 1:15 o'clock P.M., the President announced that the Senate would stand in recess until 7:00 o'clock P.M. at which time the Senate would stand adjourned until 9:30 o'clock A.M. tomorrow. 1622 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 27, 1990 Thirty-fourth 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 bills of the Senate were introduced, read the first time and referred to committees: SB 760. By Senator Engram of the 34th: A bill to provide for the appointment of the school superintendent of the Fayette County School System and provide for terms and vacancies; to provide for the applicability of laws; to provide for a referendum, effective date, and automatic repeal. Referred to Committee on Urban and County Affairs. SB 761. By Senator Johnson of the 47th: A bill to amend an Act reincorporating and creating a new charter for the City of Jefferson in the County of Jackson, as amended, so as to repeal the provisions for emergency approval and adoption of ordinances; to change the provisions and procedures relating to the approval and adoption of ordinances; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 762. By Senator English of the 21st: A bill to provide for election of the chairman and the members of the board of education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies. Referred to Committee on Urban and County Affairs. SB 763. By Senator Albert of the 23rd: A bill to provide for a referendum election in the Columbia County School Dis trict at which the voters of said school district shall be given three options relat ing to the election or appointment of future school superintendents of said school district; to provide as one alternative that future school superintendents continue to be elected in partisan elections. Referred to Committee on Urban and County Affairs. SB 764. By Senator Johnson of the 47th: A bill to amend an Act establishing a public school system in the City of Jeffer son, as amended, so as to provide authority for the Mayor and Council to levy and collect a school tax not greater than 20 mills per dollar for the support and TUESDAY, FEBRUARY 27, 1990 1623 maintenance of education for the public school system in the City of Jefferson, Georgia; to provide an effective date. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following resolution and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 464. Do pass. HB 1654. Do pass. HB 1571. Do pass. HB 1889. Do pass as amended. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Children and Youth has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 1280. Do pass by substitute. HB 1508. Do pass. HB 1320. Do pass. HB 1321. Do pass. HB 1616. Do pass. HB 1617. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1430. Do pass. HB 1516. Do pass. HB 1517. Do pass. HB 1518. Do pass. HB 1641. 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 House and has instructed me to report the same back to the Senate with the following recommendations: HB 1553. Do pass. HB 1720. Do pass. HB 1610. Do pass. HB 1790. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman 1624 JOURNAL OF THE SENATE Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 9. HB 141. HB 256. HB 1204. Do pass. Do pass. Do pass as amended. Do pass. HB 1409. HB 1541. HB 1605. HB 1801. Do pass. Do pass. Do pass. 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 resolution of the House and has instructed me to report the same back to the Senate with the following recommendation: HR 936. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 752. Do pass. HB 1908. Do pass. HB 1113. HB 1857. HB 1871. HB 1882. HB 1883. HB 1884. HB 1885. HB 1886. TTT, ,,,, HB 1887. HB1891. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. ^ Do pass. Do pass. HB 1909. HB 1910. HB 1918_ HB 1919 RB 192Q uHrB> ,1n9o21, . HB 1923. HB 1928HB 193L Do pass. Do pass. Do pass. Do pass Do pagg .D, o pass. Do pass. Do Pa88D pass' HB 1892. Do pass. HB 1932 ' Do Pass' HB 1898. Do pass. HB 1934- Do Pass- HB 1901. Do pass. HB 1935- Do P388- HB 1903. Do pass. HB 1936. Do pass. HB 1905. Do pass. HB 1947. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman TUESDAY, FEBRUARY 27, 1990 1625 The following bills and resolutions of the Senate and House were read the second time: SR 429. By Senator Barker of the 18th: A resolution commending the Houston County Health Department. SR 471. By Senators Scott of the 36th, Albert of the 23rd, Broun of the 46th and others: A resolution creating the Senate Alcoholic Beverage Consumption and Advertise ment Study Committee. SR 472. By Senators Johnson of the 47th, Broun of the 46th, Albert of the 23rd and others: A resolution creating the Senate Georgia Export Expansion Study Committee. HB 109. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar. HB 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. HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd and others: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment. 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 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th and others: A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof. HB 1251. By Representatives Hasty of the 8th, Stancil of the 8th, Clark of the 20th and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the De- 1626 JOURNAL OF THE SENATE partment of Human Resources from entering into certain contracts or making certain expenditures for the construction or use of certain additional special health care facilities unless notice thereof is provided to the governing authorities of counties or municipalities affected and to certain members of the General Assembly. HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991. 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 1390. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th: A bill to amend Code Section 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, so as to provide that probate judges shall be authorized to approve structured settlements entered into by a guardian on behalf of his ward. HB 1392. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th: A bill to amend Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, so as to pro vide that the judge of the probate court may change the reporting period; to provide that the judge of the probate court may accept and approve a return not covering the appropriate reporting period. HB 1440. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for the use of writs of fieri facias and other civil remedies to collect delinquent pay ments, fines, costs, and restitution or reparations ordered as a condition of probation. HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and others: A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device. 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- TUESDAY, FEBRUARY 27, 1990 1627 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 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 1757. By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information. 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. The President called for the morning roll call, and the following Senators answered to their names: Albert Allgood Baldwin Barker Bowen ^BBruraornutonnnon Coleman Deal Dean Echols Edge Egan Engram Fincher Foster Garner 2KHueanrgrngismedsy Kidd Land Newbill Olmstead Parker Perry Phillips Pollard Ragan of loth ^ SSQ ccootttt of ,f 23n6dth, bhumake Stumbaugh Tate Turner Tysinger Those not answering were Senators: Barnes Clay Collins Dawkins English Fuller Gillis Hammill Howard Johnson Langford McKenzie Peevy Ragan of 32nd Starr Taylor Timmons Walker 1628 JOURNAL OF THE SENATE Senator Baldwin of the 29th introduced the chaplain of the day, Reverend Robert Kerr, pastor of the First United Methodist Church, LaGrange, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 480. By Senator Barker of the 18th: A resolution congratulating Mrs. Florine Henderson on the occasion of her 100th birthday. SR 482. By Senator Foster of the 50th: A resolution commending the Toccoa A}l-Stars Little League baseball team. SR 483. By Senator Edge of the 28th: A resolution commending Mrs. Mildred C. Sawyer upon the event of her retirement. SR 484. By Senators Tate of the 38th and Parker of the 15th: A resolution commending the Reverend Moses Lee Raglin. 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 27, 1990 THIRTY-FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 752 Fincher, 54th Brannon, 51st Whitfield County Provides that vehicles shall be registered and licensed to operate for the en suing calendar year and thereafter in Whitfield County during designated re gistration periods. HB 1113 Foster, 50th Union County Changes the provisions relating to the compensation of the commissioner of Union County. HB 1857 Fincher, 54th Huggins, 53rd Catoosa County Provides that the compensation of the coroner and any staff of the coroner shall be set by the commissioner of Catoosa County. HB 1871 Bowen, 13th Colquitt County City of Moultrie Changes the corporate limits of the City of Moultrie. TUESDAY, FEBRUARY 27, 1990 1629 HB 1882 Engram, 34th Fayette County Changes the provisions relative to the compensation of the tax commissioner of Fayette County. *HB 1883 Engram, 34th Fayette County Changes the provisions relative to the compensation of the sheriff. (SUBSTI TUTE) HB 1884 Engram, 34th Fayette County Changes the provisions relative to the compensation of the clerk of the Supe rior Court. HB 1885 Engram, 34th Fayette County Changes the provisions relative to the compensation of the judge of the Pro bate Court. HB 1886 Perry, 7th Clinch County Changes the limits within which the board of commissioners may fix the sal ary of the chairman and the members of the board. HB 1887 Perry, 7th Atkinson County Changes the compensation of the chairman and members of the board of commissioners of road and revenues. HB 1891 Peevy, 48th Gwinnett County City of Sugar Hill Changes the corporate limits of the city. HB 1892 Allgood, 22nd Albert, 23rd Richmond County Changes the maximum civil jurisdictional amount of the Civil Court of Rich mond County. HB 1898 Dawkins, 45th Walton County City of Good Hope Provides a new charter for the City of Good Hope. HB 1901 Baldwin, 29th Garner, 30th Carroll County Changes the provisions relating to the expense allowance of the chairman and other members of the board of commissioners of Carroll County. 1630 JOURNAL OF THE SENATE HB 1903 Clay, 37th Cobb County City of Kennesaw Changes the corporate limits of the City of Kennesaw. HB 1905 Kidd, 25th Morgan County Changes the compensation and expenses of the chairman, vice-chairman and members of the Board of Commissioners of Morgan County. HB 1908 Ragan, 32nd Newbill, 56th Barnes, 33rd Clay, 37th Cobb County Changes the corporate limits of the City of Marietta. HB 1909 Ragan, 32nd Newbill, 56th Barnes, 33rd Clay, 37th Cobb County Changes the corporate limits of the City of Marietta. HB 1910 Brannon, 51st Fincher, 54th Whitfield County Provides for continued insurance coverage for certain former members of the board of commissioners of Whitfield County; certain former county officers of Whitfield County, and certain spouses of eligible dependents thereof. HB 1918 Newbill, 56th Deal, 49th Forsyth County Provides a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for cer tain residents of that school district who have annual gross incomes not ex ceeding $16,000.00 and who are 62 years of age or over or disabled. HB 1919 Kidd, 25th Wilkinson County Creates the Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority. HB 1920 Newbill, 56th Barnes, 33rd Ragan, 32nd Clay, 37th Cobb County Changes the compensation of the chief investigator and the investigators to be appointed in the Cobb County Judicial Circuit. TUESDAY, FEBRUARY 27, 1990 1631 HB 1921 Bowen, 13th Irwin County Changes provisions relating to the salary of the chairman of the board of commissioners of Irwin County. HB 1923 Kennedy, 4th Tattnall County City of Glennville Changes the corporate limits of the City of Glennville. HB 1928 Phillips, 9th Gwinnett County City of Lilburn Provides a homestead exemption from ad valorem taxes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of Lilburn who meet certain qualifications. HB 1931 Collins, 17th Henry County Provides that future school superintendents of the Henry County School Dis trict shall be appointed by the Board of Education rather than elected. HB 1932 Perry, 7th Tift County Changes the compensation of the members of the board of commissioners other than the chairman. HB 1934 Collins, 17th Henry County Provides for the election of future members of the board of education of the Henry County School District on a nonpartisan basis, and with other provi sions. HB 1935 Collins, 17th Henry County Authorizes the governing authority to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code, relating to the Au thority to require telephone companies to divide maintenance fees for the operation of "911" systems. HB 1936 Collins, 17th Henry County City of McDonough Changes certain provisions regarding punishment and sentencing by the mu nicipal court. HB 1947 Echols, 6th Gillis, 20th Appling County Provides for staggered terms of office of members of the board of education. 1632 JOURNAL OF THE SENATE The substitute to the following bill was put upon its adoption: *HB 1883: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1883: A BILL To be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4178), so as to change the provisions relative to the compensation of the sheriff; 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 abolishing the fee system of compensation for the sheriff of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4178), is amended by striking Section 2 thereof and inserting in its place a new section to read as follows: "Section 2. The sheriff of Fayette County shall receive an annual salary of $44,450.00 during such person's first four years in office, $47,225.00 during such person's fifth through eighth years in office, and $50,000.00 during such person's ninth and subsequent years in office. This salary shall be payable in equal monthly installments from the funds of Fayette County. This salary shall be the sheriffs full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the sheriff shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this section, the provisions of general law shall prevail." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills and resolutions on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon BBruorutonn Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner GHialmlismill Harris Johnson Kennedy Kidd Land Newbill Olmstead Peevy Perry Phillips Pollard R Qf 32nd R TM fecytit. o,f 3,.6.t,h Stumbaugh Tate Taylor Turner Tysinger Walker TUESDAY, FEBRUARY 27, 1990 1633 Those not voting were Senators: Coleman English Howard Huggins Langford McKenzie Parker Ragan of 10th Scott of 2nd Shumake Starr Timmons On the passage of all the local bills, the yeas were 44, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1883, having received the requisite constitutional majority, were passed. HB 1883, having received the requisite constitutional majority, was passed by substitute. Senator Deal of the 49th moved that the following bill of the House be withdrawn from the Senate Committee on Industry and Labor and committed to the Senate Committee on Judiciary: HB 1449. By Representative Robinson of the 96th: 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 revise the laws relating to trade secrets; to provide a short title. On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1449 was with drawn from the Senate Committee on Industry and Labor and committed to the Senate Committee on Judiciary. SENATE RULES CALENDAR Tuesday, February 27, 1990 THIRTY-FOURTH LEGISLATIVE DAY HB 1421 Workers' Compensation--create Self-insurers Guaranty Trust Fund (I&L--45th) HB 796 Development Impact Fees--cities/counties impose (Amendment) (U&CA G--14th) HB 1639 Georgia Municipal Employees Benefit System--change from Joint Benefit Sys tem (Substitute) (Ret--24th) HB 1463 Securities--definition of "investment adviser" (Substitute) (Gov Op--4th) HB 222 Juvenile Court--designate "referee" as "juvenile court magistrate" (Judy--37th) HR 729 Decatur County--conveyance of certain state property (Pub U--10th) HR 778 Joint Study Committee on Hazardous Waste Management--create (Nat R--14th) HB 539 Employees' Retirement--employees of family, children service departments (Ret--38th) HB 1095 Employees' Retirement--change allowance (Ret--52nd) HB 1555 Motor Vehicle Warranty Rights Act--create (Amendment) (I&L--45th) HB 442 Sales Tax--certain transactions outside state (Substitute) (B&F--20th) HB 1597 Mortgages--disbursement of escrow account funds (Judy--47th) HB 1252 Administration of Revenue, Taxation--jeopardy assessments, drug cases (B&F--8th) HB 1422 911 System--local government may impose monthly charge (I&L--52nd) 1634 JOURNAL OF THE SENATE HB 1465 Campaign Contribution Disclosure--exempt elected soil, water supervisor (Gov Op--24th) HB 1372 Fishing--relating to red drum limits (Nat R--20th) HB 1200 Drivers' Licenses--revocation for drug conviction (Substitute) (Judy--49th) HB 1442 Georgia County Leadership Act--new Code Chapter (Substitute) (Gov Op--27th) HB 1493 Disabled Veterans Homestead Exemption--surviving spouse, minor child (B&F--19th) HB 1261 Course on Drug Use--boards of education prescribe (Ed--29th) HB 560 Children With Severe Emotional Disturbances--services (Amendment) (C&Y--18th) HB 769 Hazardous Waste Management Authority--Employees' Retirement System members (Ret--24th) HB 1151 Public Service Commission Inspecting Motor Carriers--may arrest one violating drug laws (Pub U--41st) HB 452 Employee Benefit Plan Council--rule-making authority (Gov Op--44th) HB 1459 Securities Act of 1973--designation, regulation of dealers (B&F--47th) HB 1644 Liquified Petroleum Gas Licenses--one-time fee (I&L--29th) HB 1408 Board of Recreation Examiners--change date of termination (Gov Op--25th) HB 1373 Conservation Rangers--may assist law enforcement (Nat R--20th) HB 1185 Drivers' Licenses--delay issuance under age 16 with driving under the influence, drug offense conviction (Substitute) (Judy--47th) HB 1443 County Clerks--training seminar (Gov Op--27th) HB 1696 Indigent, Elderly--provide Indigent Care Trust Fund (Hum R--26th) HB 1548 Certain Development Authorities--property disposition (B&F--14th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 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. Senate Sponsor: Senator Dawkins of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins TUESDAY, FEBRUARY 27, 1990 1635 Deal Dean Echols EQge ^ga" , Sam Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Coleman Howard Phillips Shumake On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator McKenzie of the 14th. Senators Starr of the 44th, McKenzie of the 14th, Collins of the 17th, Garner of the 30th, Johnson of the 47th and Baldwin of the 29th offered the following amendment: Amend HB 796 by striking all matter on lines 17 through 22 of page 16 and inserting in lieu thereof the following: "(d) Nothing in this chapter shall apply to a water authority created by Act of the General Assembly of Georgia, as long as such authority is not established as a political sub division of the State of Georgia but instead acts subject to the approval of a county gov erning authority.'" On the adoption of the amendment, the yeas were 36, nays 2, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton 1636 JOURNAL OF THE SENATE Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Garner Gillis Hammill Harris Howard Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Huggins Kidd Scott of 2nd Shumake Timmons On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon: HB 628. By Representatives Mangum of the 57th and Moore of the 139th: A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Edu cation to the State Board of Technical and Adult Education. The Conference Committee report on HB 628 was as follows: The Committee of Conference on HB 628 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 628 be adopted. Respectfully submitted, FOR THE SENATE: /s/ John C. Foster Senator, 50th District /s/ Beverly Engram Senator, 34th District /s/ J. Nathan Deal Senator, 49th District FOR THE HOUSE OF REPRESENTATIVES: /s/ William C. Mangum, Jr. Representative, 57th District 1st Troy A. Athon Representative, 57th District /s/ William J. Dover Representative, llth District TUESDAY, FEBRUARY 27, 1990 1637 Conference Committee substitute to HB 628: A BILL To be entitled an Act to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act," so as to change refer ences to the State Board of Postsecondary Vocational Education to the State Board or the Department of Technical and Adult Education; to amend Code Section 20-2-320 of the Offi cial Code of Georgia Annotated, relating to the Quality Basic Education Program task force, so as to change references to the State Board of Postsecondary Vocational Education to the State Board or the Department of Technical and Adult Education; to change certain refer ences to postsecondary vocational-technical schools; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change a reference to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education and change a reference to the executive di rector of that board; to make certain editorial 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. Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act," is amended by striking Code Section 12-1110, relating to job training and placement services, in its entirety and inserting in lieu thereof a new Code Section 12-11-10 to read as follows: "12-11-10. Whenever available and appropriate, job training and placement services and education opportunities provided through other federal, state, and local programs such as through the Department of Education, the Department of Labor, the Department of Tech nical and Adult Education, and the Board of Regents of the University System of Georgia shall be coordinated with projects and programs developed under this chapter to assist eligi ble corps members. Coordinated services may include, but are not limited to, remedial and postsecondary education, job placement assistance, adult literacy training, job search skills, and job application skills. Whenever possible, eligible corps members without a high school diploma shall receive coordinated services that provide an opportunity to obtain an equivalent high school diploma." Section 2. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 12-11-11, relating to the Conservation Corps Advisory Council, in its en tirety and substituting in lieu thereof a new paragraph (3) to read as follows: "(3) The chairman of the State Board of Technical and Adult Education;" Section 3. Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force, is amended by striking subsections (a) through (d) in their entirety and substituting in lieu thereof new subsections (a) through (d) to read as follows: "(a) The Governor shall appoint a task force composed of representatives from the De partment of Education, the Department of Technical and Adult Education, the office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various compo nents of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and area postsecondary vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accu rate and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall include, at minimum, items specifically identified for profiles required pursuant to sub- 1638 JOURNAL OF THE SENATE section (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at the state network host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the network host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized edu cational agencies. The task force shall adopt a statement recommending the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion date of the network as provided in subsection (f) of this Code section. (b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state. The State Board of Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational-technical schools of the state. The task force shall adopt a statement recommending the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, and the State Board of Education and the State Board of Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number shall be en coded to prevent unauthorized use of a student's information; provided, however, that fulltime equivalent student data collected pursuant to Code Section 20-2-160 shall be identifi able for audit purposes in separate files. (c) For the purpose of this article, authorized educational agencies shall be the Depart ment of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; and the educational policy and research components of the office of the Governor, the Office of Plan ning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network, including individual student record and individual personnel record information retrieved by the Department of Education or Department of Technical and Adult Education, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the network but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force shall develop and adopt recommendations for procedures by which live data files resident on the network host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education and the Department of Technical and Adult Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are in complete or unverified for accuracy. The Department of Education and the Department of Technical and Adult Education shall adopt monitoring, editing, and verifying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information other wise prohibited by statute. Data which are included in an individual student record or indi vidual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies. (d) The task force shall further develop specifications for hardware and software acqui sition for administrative uses. Such specifications shall be followed by the State Board of Education, the State Board of Technical and Adult Education, local units of administration, TUESDAY, FEBRUARY 27, 1990 1639 public libraries, and area postsecondary vocational-technical schools. In local school sys tems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational information net work comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any funding needed for hardware and software for the Department of Education, the Department of Technical and Adult Education, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools." Section 4. Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: "(2) Twenty-five ex officio members. Ex officio members shall consist of a Justice from the Supreme Court, a Judge of the Court of Appeals, a representative of The Council of Superior Court Judges, a representative of The Council of State Court Judges, and a repre sentative of the Council of Juvenile Court Judges, each appointed by the Governor; and the chancellor of the board of regents, the State School Superintendent, the commissioner of Technical and Adult Education, the commissioner of the Department of Medical Assistance, the Commissioner of the Department of Labor, the commissioner of the Department of Human Resources, the commissioner of the Department of Corrections, the director of the Office of Planning and Budget, the chairman of the Senate Education Committee, the chair man of the House of Representatives Education Committee, the chairman of the Senate Appropriations Committee, the chairman of the House of Representatives Appropriations Committee, the chairman of the Senate Children and Youth Committee, the chairman of the Senate Human Resources Committee, the chairman of the House of Representatives Health and Ecology Committee, the chairman of the House of Representatives Children and Youth Subcommittee of the Health and Ecology Committee, the chairman of the Senate Judiciary Committee, the chairman of the House of Representatives Judiciary Committee, the chairman of the Senate Banking and Finance Committee, and the chairman of the House of Representatives Banks and Banking Committee. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or on such other issues prohibited by law or as set forth in the commission's bylaws." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. Senator Foster of the 50th moved that the Senate adopt the Conference Committee report on HB 628. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd 1640 JOURNAL OF THE SENATE Langford Newbill Olmstead Peevy Perry Pollard Ragan of 32nd Ray Scott of 36th Starr Stumbaugh ^ate Turner Tysinger Those not voting were Senators: Bowen Egan Land McKenzie Parker Phillips Ragan of 10th Scott of 2nd Shumake Taylor Timmons Walker On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 628. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1639. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Em ployees Benefit System to the Georgia Municipal Employees Benefit System. Senate Sponsor: Senator Pollard of the 24th. The following Certification, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 30, 1990 SUBJECT: House Bill 1639 (LC 21 0460) Joint Municipal Employees Benefit System This bill would change the name of the Joint Municipal Employees Benefit System to Georgia Municipal Employees Benefit System. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. /s/ G. W. Hogan State Auditor The Senate Committee on Retirement offered the following substitute to HB 1639: A BILL To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Em ployees Benefit System to the Georgia Municipal Employees Benefit System; to change the TUESDAY, FEBRUARY 27, 1990 1641 provisions relating to the investment of funds by the Board of Trustees of the Georgia Mu nicipal Employees Benefit System; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (d) of Code Section 47-1-3, relat ing to the administration of local retirement systems, and inserting in lieu thereof a new subsection (d) to read as follows: "(d) Once every three years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal, and re tirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall at tach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on July 1, 1982, and every three years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word 'insurance' and the word 'insurer' shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this subsection or financial reports under this Code section. In lieu of such actuarial investigations and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every three years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a re tirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and subsections (e) through (j) of this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Mu nicipal Employees Benefit System as provided in this subsection." Section 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 47-1-10, relating to the adoption of rules by the boards of trustees of state retirement or pension systems, and inserting in lieu thereof a new para graph (1) to read as follows: "(1) 'Board of trustees' means the board of trustees or other administrative body or agency charged with the duty of administering any public retirement or pension system created by this title, except the Board of Trustees of the Georgia Municipal Employees Benefit System provided for by Chapter 5 of this title." 1642 JOURNAL OF THE SENATE Section 3. Said title is further amended by striking in their entirety paragraphs (1) and (2) of Code Section 47-5-2, relating to definitions applicable to the Joint Municipal Employ ees Benefit System, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: "(1) 'Benefit system' or 'system' means the Georgia Municipal Employees Benefit Sys tem created by this chapter. (2) 'Board of trustees' or 'board' means the Board of Trustees of the Georgia Municipal Employees Benefit System." Section 4. Said title is further amended by striking in its entirety Code Section 47-5-20, relating to the creation of the Joint Municipal Employees Benefit System, and inserting in lieu thereof a new Code Section 47-5-20 to read as follows: "47-5-20. There is created a public corporation of this state to be known as 'The Board of Trustees of the Georgia Municipal Employees Benefit System (GMEBS).' Said corpora tion shall be the successor to the Joint Municipal Employees Retirement System (JMERS) and it is the intent of this chapter that all rights, duties, and obligations of JMERS are assigned to and are assumed by the new system. The creation of GMEBS shall not increase, diminish, grant, destroy, impair, alter, or otherwise affect any pension, retirement benefit or allowance, survivors benefit, membership or right to membership, creditable service or right thereto, prior service or right thereto, or any option, election, or right of any kind created pursuant to a contract or ordinance or resolution with the Joint Municipal Employees Re tirement System in existence on July 1, 1984. The GMEBS board shall have and be vested with, as a minimum, the same rights, powers, duties, privileges, and authority of any board of a municipal employee benefit program to which the GMEBS board serves as a successor board." Section 5. Said title is further amended by adding a new subsection (d) at the end of Code Section 47-5-24, relating to the power of the board of trustees relative to the invest ment of funds, to read as follows: "(d) Notwithstanding the investment restrictions of subsection (a) of this Code section, the board of trustees is authorized, for a consideration, to pledge funds held by it to third parties, including lenders, for the purpose of guaranteeing the contract obligations of munic ipal corporations and other public bodies of this state, providing surety obligations in con nection with such contracts, and obligating it to assume any such contracts in the event that the municipal corporation or other public body fails to renew such contract for its full stated term. Such guarantys, sureties, or assumptions shall constitute activities and services that the board of trustees and the contracting municipal corporations or other public bodies are authorized to undertake and provide, and shall be undertaken pursuant to Article IX, Section III, Paragraph I of the Constitution, provided that the full faith and credit of the municipal corporation or other public body receiving the benefit of such guaranty, surety, or assumption is pledged to repay any amounts required to be paid by the board of trustees as a result of such guaranty, surety, or assumption." 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. TUESDAY, FEBRUARY 27, 1990 1643 The following Certification, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Jimmy Hodge Timmons, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: February 9, 1990 SUBJECT: House Bill 1639 (Substitute) (LC 7 7686S) Joint Municipal Employees Benefit System This bill would change the name of the Joint Municipal Employees Benefit System to Georgia Municipal Employees Benefit System. The bill would also authorize the system's board of trustees to pledge funds to third parties for the purpose of guaranteeing the con tract obligations of municipal corporations and other public bodies of the state, to provide surety obligations in connection with such contracts, and obligating it to assume contracts in the event the municipal corporation fails to renew such contract for its full stated term. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. Is/ G. W. Hogan State Auditor On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes ^?roawnennon C0Hins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner HGialmlismill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead Peevy Perry Phillips Pollard Ragan of 10th RRaaygan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker 1644 JOURNAL OF THE SENATE Voting in the negative was Senator Newbill. Those not voting were Senators: Coleman Parker Shumake On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsor: Senator Kennedy of the 4th. The Senate Committee on Governmental Operations offered the following substitute to HB 1463: A BILL To be entitled an Act 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 investment adviser or financial planner unless such person is registered as such under this chapter; to provide for certain exempt transactions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by striking paragraph (8) of subsection (a) of Code Section 10-5-2, relating to definitions in the "Georgia Securities Act of 1973," in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows: "(8) 'Investment adviser' means any person who, for compensation, engages in the busi ness of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. As used in this chapter, the term 'certified public accountant' means a certified public accountant or a firm thereof, registered pursuant to Chapter 3 of Title 43. 'Investment adviser' shall also include any person who holds himself out as a 'financial plan ner' or 'investment adviser' other than a certified public accountant. The term 'investment adviser' does not include a certified public accountant whose performance of investment advisory services is solely incidental to the practice of his profession or who does not accept or receive, directly or indirectly, any commission, payment, referral, or other form of remu neration as a result of the purchase or sale of a specific security by a client, does not recom mend the purchase or sale of specific securities, and does not have custody of client funds or securities for investment purposes. Unless they hold themselves out as such, the term 'in vestment adviser* does not include (i) an investment adviser representative; (ii) a lawyer, engineer, or teacher whose performance of investment advisory services is solely incidental to the practice of his profession; (iii) a securities dealer or his agent whose performance of these services is solely incidental to the conduct of his business as a securities dealer and who receives no special compensation for them; (iv) a publisher of any newspaper, news TUESDAY, FEBRUARY 27, 1990 1645 column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; or (v) such other persons not within the intent of this paragraph, as the commissioner may designate by rule or order. The term 'investment adviser' also does not include the following unless they are required to be registered as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, or rules, regulations, or interpretations thereunder: a bank; a bank holding company as defined in the Bank Holding Company Act of 1956, which is not an investment company; a savings institution; a credit union; or a trust company or any em ployees of such entities." Section 2. Said chapter is further amended by striking paragraph (12) of Code Section 10-5-9, relating to exempt transactions, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows: "(12) Any transaction involving the issuance or transfer of securities of the issuer by the issuer or by a subsidiary of the issuer to a corporation or its shareholders, to a business or real estate investment trust or the holders of beneficial interest thereof, or to a partnership or limited partnership or the partners thereof in connection with a merger, share exchange, consolidation, reclassification of securities, or sale or transfer of corporate, trust, or partner ship assets in consideration of the issuance or transfer of such securities, where the transac tion must be approved by the holders of at least a majority of the voting shares, beneficial interests, or partnership interests of such corporation, trust, or partnership pursuant to its articles or certificate of incorporation, corporate charter or trust instrument, partnership agreement, or the applicable corporation, trust, or partnership statute;". Section 3. Said chapter is further amended by striking subsection (g) of Code Section 10-5-12, relating to unlawful practices, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: "(g) It shall be unlawful for any person to hold himself out as, or otherwise represent that he is, a 'financial planner' or 'investment adviser' or use as descriptive of his business the term 'financial planner' or 'investment adviser' or such similar term as may be specified in rules and regulations promulgated by the commissioner unless said person is either a certified public accountant or is registered as an investment adviser or investment adviser representative under this chapter. The use of the term 'financial planner' or 'investment adviser' or a similar term to describe a person's business shall not be used in such a way so as to be deceptive, as that term may be defined in the rules and regulations promulgated by the commissioner." Section 4. Said chapter is further amended by adding immediately following subsection (j) of Code Section 10-5-12, relating to unlawful practices, new subsections (k) and (1) to read as follows: "(k) The provisions of subsections (h) and (i) of this Code section and paragraph (1) of subsection (j) of this Code section shall be applicable to any certified public accountant who holds himself out as a 'financial planner' or 'investment adviser.' (1) All records relating to the preparation of financial plans and the giving of investment advice prepared and maintained by a certified public accountant who holds himself out as a 'financial planner' or 'investment adviser' are subject to reasonable examination by repre sentatives of the commissioner, within or outside this state, as the commissioner deems nec essary or appropriate to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter. This provision shall not be construed to require, or authorize the commissioner to require, such certified public ac countant to disclose the identity, investments, or affairs of any client of such certified public accountant, except insofar as such disclosure may be necessary or appropriate in a particu lar proceeding or investigation having as its object the enforcement of this chapter." Section 5. Said chapter is further amended by striking subsections (b) and (e) of Code 1646 JOURNAL OF THE SENATE Section 10-5-14, relating to civil liability from sales of securities, in their entirety and in serting in lieu thereof new subsections (b) and (e) to read as follows: "(b) Every contract between a certified public accountant who holds himself out as a 'financial planner' or an 'investment adviser' and an advisory client or between an invest ment adviser and an advisory client made in violation of any provision of this chapter and every such contract heretofore or hereafter made, the performance of which involves the violation of or continuance of any relationship or practice in violation of any provision of this chapter or any rule, regulation, or order thereunder, shall be void: (1) As regards the rights of any person who, in violation of any such provision, rule, regulation, or order shall have made or engaged in the performance of any such contract; and (2) As regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making or performance of such contract was in violation of any such provision. The advisory client who is a party to such a contract may sue to recover the consideration paid under such contract to such investment adviser or investment adviser representative, together with interest thereon at the annual rate of 6 percent from the date of payment of the consideration, plus costs and reasonable attorney's fees." "(e) With respect to the activities of a certified public accountant who holds himself out as a 'financial planner' or an 'investment adviser' or an investment adviser or investment adviser representative, no person may sue under this Code section more than two years from the date of the transaction upon which the suit is based." Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes owen BRrruoarnut nnon Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster GG,,.la,,lrl.lnser Hammill Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Phillips .RR-,aayg8an of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Walker TUESDAY, FEBRUARY 27, 1990 1647 Those not voting were Senators: Fuller Howard Parker Perry Pollard Ragan of 10th Shumake Taylor Timmons Tysinger On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Newbill of the 56th introduced the doctor of the day, Dr. Robert Ollins, of Atlanta, Georgia. The following general bills and resolutions of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HB 222. By Representatives Clark of the 20th, Randall of the 101st, Howren of the 20th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of "referee" to "juvenile court magistrate" and designations of "traffic referee" to "juvenile court traffic magistrate"; to provide for additional orders of disposition for delin quent children. Senate Sponsor: Senator Clay of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Engram Fincher Garner Gillis Hammill Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Peevy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Bowen chols Foster Fuller Harris Howard Land Olmstead Parker Perry Pollard Scott of 2nd Shumake Stumbaugh On the passage of the bill, the yeas were 42, nays 0. 1648 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. HR 729. By Representatives Bates of the 141st and Long of the 142nd: A resolution authorizing the conveyance of certain state owned real property lo cated in Decatur County, Georgia, to Decatur County and the acceptance of cer tain real property owned by Decatur County located in Decatur County, Georgia, in consideration therefor. Senate Sponsor: Senator Ragan of the 10th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Kennedy Langford Newbill Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: English Harris Johnson Kidd Land McKenzie Olmstead Parker Pollard Scott of 2nd Shumake On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator McKenzie of the 14th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: TUESDAY, FEBRUARY 27, 1990 1649 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 Kennedy Kidd Langford McKenzie Newbill Olmstead Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Garner Hammill Land Parker Pollard Scott of 2nd Shumake Taylor On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Tate of the 38th. 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 539 (LC 18 3040) Employees' Retirement System This bill would allow employees or former employees of county departments of family and children services in counties having at least 290,000 population who are (or become) members of the Employees' Retirement System (ERS) to obtain creditable service in ERS for service the employee had under a local retirement system. County employees may obtain 1650 JOURNAL OF THE SENATE creditable service under the ERS equivalent to the service they accrued under the local system if certain payments identified in the bill are made on their behalf. Procedures for exercising the option to obtain creditable service and for depositing con tributions paid to the ERS board of trustees to obtain the creditable service are also out lined in the bill. If enacted, this bill would become effective on July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Sys tems Standards Law. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will result from the bill. $ (2) The amount of annual normal cost which will result from the bill. $ (3) The employer contribution rate currently in effect. (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). (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 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Engram Fincher Foster Hammill Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Parker Peevy Perry Phillips Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Barnes Newbill Ragan of 32nd TUESDAY, FEBRUARY 27, 1990 1651 Those not voting were Senators: Edge Fuller Garner Gillis Howard Olmstead Pollard Shumake On the passage of the bill, the yeas were 45, nays 3. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Fuller of the 52nd. 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: DATE: G. W. Hogan, State Auditor December 1, 1989 SUBJECT: Actuarial Investigation - House Bill 1095 (LC 7 7450S) Employees' Retirement System This bill would change one of the factors used to determine the retirement allowance for members of the "new" (post July 1, 1982) Employees' Retirement System. The factor multiplied by a member's average final compensation and number of years of creditable service would be changed from 1.5 to a maximum of 2 percent. The bill would also require members to contribute an additional one percent of earnable compensation. If enacted, this bill would become effective July 1, 1990, provided it is determined to be concurrently funded as provided for 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. $ 48,556,000 (2) The amount of annual normal cost which will result from the bill. $ 1,550,000 (3) The employer contribution rate currently in effect. 17.85% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 18.20% 1652 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. $ 5,425,000 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. M G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Borawnennon Broun Dean Echols English Fincher Fuller Gillis Hammill H,, arris Huggma Johnson Kennedy Kidd Langford Olmstead Perry Pollard Ragan of 10th S_, cott of 36th Starr Tate Timmons Turner Walker Those voting in the negative were Senators: Barnes Burton Clay Collins Dawkins Edge Egan Engram Foster Newbill Peevy Ragan of 32nd Stumbaugh Taylor Tysinger Those not voting were Senators: Coleman Garner Howard Land McKenzie Parker Phillips Ray Scott of 2nd Shumake On the passage of the bill, the yeas were 31, nays 15. The bill, having received the requisite constitutional majority, was passed. Senator Tysinger of the 41st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1095. The following resolution of the Senate was read and adopted: SR 481. By Senator Taylor of the 12th: A resolution commending Honorable Tommy Coleman. Senator Taylor of the 12th introduced His Honor, Tommy Coleman, Mayor of the City of Albany, Georgia, who briefly addressed the Senate. TUESDAY, FEBRUARY 27, 1990 1653 The following resolution of the Senate was read and adopted: SR 485. By Senators Taylor of the 12th, Bowen of the 13th, Ragan of the 10th and Dean of the 31st: A resolution designating February 27, 1990, as "Albany-Dougherty County Day at the Capitol". Senator Taylor of the 12th introduced the President of the Albany Chamber of Com merce, Sonny Deriso, who briefly addressed the Senate. The following general bill of the House, having been withdrawn from the Senate Com mittee on Public Safety and committed to the Senate Committee on Industry and Labor, and favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Dawkins of the 45th. The Senate Committee on Industry and Labor offered the following amendment: Amend HB 1555 by striking from line 28 of page 17 the following: "and", and inserting in lieu thereof the following: "or". By striking from line 33 of page 22 the following: "must", and inserting in lieu thereof the following: "may". 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 Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford Newbill 1654 JOURNAL OF THE SENATE Olmstead Parker Peevy Perry Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner . Tysinger Walker Those not voting were Senators: Brannon Coleman English Fuller Johnson McKenzie Phillips Pollard Ragan of 10th Shumake Taylor Timmons On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1597. By Representatives Thomas of the 69th, Pettit of the 19th, Baker of the 51st and Lawrence of the 49th: A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in gen eral, so as to provide for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property. 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 Barnes Bowen Brannon Broun CBoulrltionns Dawkins Deal Echols Edge Egan Fincher Foster Fuller Garner Hammill Harris Howard Huggms JKoehnnnseodny Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th R of 32nd R ?r,co,t,t of,. 3,,,6,,t,h ^tarr ,_ Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Barker Clay Coleman Dean English Engram Gillis Parker Scott of 2nd Shumake Taylor Timmons TUESDAY, FEBRUARY 27, 1990 1655 On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. 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 B*rnes Bwen Brannon Foster Fuller Garner Gillis Hammill Harris Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd BCoujrltionns Dawkins >eaj Dean Echols Edge English Fincher HHuogwgairnds Johnson Kennedy Land Langford McKenzie Newbill Olmstead RScaoytt of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Barker Clay Coleman Egan Engram Kidd Pollard Scott of 2nd Taylor Timmons On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. HB 1422. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the "Geor gia Emergency Telephone Number '911' Service Act of 1977," so as to authorize the governing authority of any local government which operates or which con tracts for the operation of an emergency "911" system to impose a monthly 1656 JOURNAL OF THE SENATE "911" charge upon each exchange access facility subscribed to by telephone sub scribers under certain circumstances and conditions. 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 Barnes Bowen Broun Clay Dawkins Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Land Langford McKenzie Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Tysinger Walker Those voting in the negative were Senators: Brannon Burton Collins Deal Peevy Those not voting were Senators: Barker Coleman Engram Johnson Kennedy (presiding) Kidd Stumbaugh Timmons Turner On the passage of the bill, the yeas were 42, nays 5. The bill, having received the requisite constitutional majority, was passed. 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. 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: TUESDAY, FEBRUARY 27, 1990 1657 Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Burton Coleman Collins Deal Dean Echols Edge Egan English Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Olmstead Parker Perry Pollard Ragan of 10th Ray Scott of 2nd Starr Tate Taylor Turner Tysinger Walker Those voting in the negative were Senators: Barnes Broun Clay Dawkins Langford Newbill Peevy Phillips Ragan of 32nd Scott of 36th Stumbaugh Those not voting were Senators: Engram Garner Kennedy (presiding) Shumake Timmons On the passage of the bill, the yeas were 40, nays 11. The bill, having received the requisite constitutional majority, was passed. HB 1372. By Representatives Balkcom of the 140th and Meadows of the 91st: A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to delete the provisions on fish, so as to delete the provisions of Code Section 27-4-10 which provide for a creel and possession limit for red drum; to delete the provisions of Code Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout. Senate Sponsors: Senators Gillis of the 20th and Hammill of the 3rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Parker Peevy Perry 1658 JOURNAL OF THE SENATE Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Taylor Turner Tysinger Those not voting were Senators: Albert Bowen Brannon Engram Fincher Kennedy (presiding) Olmstead Shumake Stumbaugh 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. 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. Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Judiciary offered the following substitute to HB 1200: 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 revocations; 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 TUESDAY, FEBRUARY 27, 1990 1659 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 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 1660 JOURNAL OF THE SENATE 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 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. Senator Newbill of the 56th offered the following amendment: Amend the substitute to HB 1200 offered by the Senate Committee on Judiciary by adding a new paragraph (4) between lines 22 and 23 on page 4 to state: "Upon the fourth 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 permanently re voked."; and subsequent renumbering of lines. On the adoption of the amendment, Senator Newbill of the 56th called for the yeas and nays; the call was sustained, and the vote was as follows: TUESDAY, FEBRUARY 27, 1990 1661 Those voting in the affirmative were Senators: Barker Barnes Burton Clay Collins Dawkins Echols Edge Egan Langford Newbill Phillips Ragan of 32nd Taylor Tysinger Those voting in the negative were Senators: Allgood Baldwin Bowen Brannon Broun Deal/ Dean English Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd McKenzie Olmstead Parker Peevy Perry Pollard Ray Scott of 36th Shumake Starr Stumbaugh Tate Turner Those not voting were Senators: Albert Coleman Engram Garner Kennedy (presiding) Land Ragan of 10th Scott of 2nd Timmons Walker On the adoption of the amendment, the yeas were 15, nays 31, and the amendment was lost. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker 1662 JOURNAL OF THE SENATE Those voting in the negative were Senators: Allgood Parker Those not voting were Senators: Peevy Albert Engrain Kennedy (presiding) On the passage of the bill, the yeas were 49, nays 3. Scott of 2nd The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House insists on its position in substituting the following bill of the Senate: SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date. The House has disagreed to the Senate substitute to the following bill of the House: HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclo sure reports shall include the occupation or place of employment of certain contributors. The following bill of the Senate was taken up for the purpose of considering the House action thereon: SB 478. By Senators Pollard of the 24th, Turner of the 8th, Garner of the 30th and others: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date. Senator Pollard of the 24th moved that the Senate adhere to its disagreement to the House substitute to SB 478, and that a Conference Committee be appointed. On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 478. TUESDAY, FEBRUARY 27, 1990 1663 Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Turner of the 8th, English of the 21st and Pollard of the 24th. The President resumed the Chair. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 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". Senate Sponsor: Senator Harris of the 27th. The Senate Committee on Governmental Operations offered the following substitute to HB 1442: A BILL To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the "Georgia County Leadership Act"; to provide for legislative intent; to provide for definitions; to pro vide that elected members of county governing authorities shall attend a training seminar on local government matters; to provide that expenses shall be paid from public funds; to provide for a leadership academy; to provide for dates of the seminar; to provide for a board of directors of the academy; to provide for procedures relative to the running of the acad emy; to add a new Chapter 45 to be entitled the "Georgia Municipal Training Act"; to provide for legislative intent; to provide for definitions; to provide that elected members of municipal governing authorities shall attend a training seminar on local government mat ters; to provide that expenses shall be paid from public funds; to provide for a training institute; to provide for a board of directors of the institute; to provide for procedures rela tive to the administration of the institute; 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. Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by adding a new Chapter 20 to be entitled the "Georgia County Leader ship Act" and to read as follows: "CHAPTER 20 36-20-1. This chapter shall be known and may be cited as the 'Georgia County Leader ship Act.' 36-20-2. The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a county governing authority, prior to taking office, to attend a course of training and education on matters pertaining to the administration and operation of county government. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of pub lic trust. 36-20-3. As used in this chapter, the term: (1) 'Academy' means the Georgia County Leadership Academy. (2) 'Board' means the Board of the Georgia County Leadership Academy. (3) 'County governing authority' means the governing authority as defined in paragraph (7) of Code Section 1-3-3 and an elected chief executive officer of a county. 1664 JOURNAL OF THE SENATE (4) 'State' means the State of Georgia and any department, board, bureau, commission, or other agency thereof. 36-20-4. (a) All persons elected as members of a county governing authority who were not serving as members of a county governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education of at least 18 hours on matters pertaining to the administration and operations of county governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utili ties; parks and recreation; environmental management; public safety, health, and welfare; personnel management; responsiveness to the community; the ethics, duties, and responsi bilities of members of a county governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the academy. (b) All expenses incurred by a newly elected member of a county governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for such purposes. All expenses not paid for by state funds shall be paid from county funds by the county governing authority whose newly elected member or members shall attend such course. 36-20-5. (a) There is created and established the Georgia County Leadership Academy. Except as otherwise provided in Code Section 36-20-4, all costs of operating and conducting the academy shall be paid for from public funds appropriated for such purposes. (b) The academy shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Section 36-20-4. (c) The initial course of training and education required by Code Section 36-20-4 shall be conducted by the academy on the Tuesday after the first Monday in November of 1990 and completed before January 1, 1991. Subsequent courses shall be conducted by the acad emy biennially between the Tuesday after the first Monday in November and before Janu ary 1 of the following year or as otherwise changed by general law. The academy shall have sole responsibility for determining the exact date or dates the course of training and educa tion shall be conducted. (d) The academy shall establish guidelines and procedures to permit any person elected or appointed as a member of a county governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the academy due to medical disability, providential cause, or any other reason deemed sufficient by the academy, to comply with the requirements of Code Section 36-20-4. (e) The academy shall perform such other duties and have such other powers and au thority as may be necessary and proper or as prescribed by general law. 36-20-6. (a) The academy shall be under the direction and supervision of the board of the Georgia County Leadership Academy. The board shall have the power and duty to or ganize, administer, control, oversee, and advise the academy so that the academy is operated in accordance with the provisions of this article. (b) The academy is assigned to the Department of Community Affairs for administra tive purposes only, as prescribed in Code Section 50-4-3. 36-20-7. The board shall consist of seven members and shall be composed of the com missioner of the Department of Community Affairs, the director of the Carl Vinson Institute of Government of the University of Georgia, the administrator of Governmental Training of the Carl Vinson Institute of Government of the University of Georgia, the president of the Association County Commissioners of Georgia, the executive director of the Association County Commissioners of Georgia, and two members appointed by the Governor. Members of the board appointed by the Governor shall serve for four-year terms. 36-20-8. (a) The board may accept appropriations, grants, gifts, donations, or contribu- TUESDAY, FEBRUARY 27, 1990 1665 tions from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such govern ment; any other organization, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and academy. (b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is cre ated. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board. 36-20-9. On or before February 1 of each year, the director of the Carl Vinson Institute of Government, on behalf of the board, shall make a report to the Governor, the chairman of the Senate Urban and County Affairs Committee, and the chairman of the State Plan ning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the academy during the preceding calendar year, including, but not limited to, the total number of members of a county governing authority who attended the course of training and education offered by the academy; an outline of the academy's programs for the current calendar year; an evaluation of the pro grams and services offered by the academy; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the academy." Section 2. Said title is further amended by adding a new Chapter 45 to be entitled the "Georgia Municipal Training Act" and to read as follows: "CHAPTER 45 36-45-1. This chapter shall be known and may be cited as the 'Georgia Municipal Training Act.' 36-45-2. The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a municipal governing authority to attend a course of training and education on matters pertaining to the administration and operation of municipal government during a period prescribed by the board. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of public trust. 36-45-3. As used in this chapter, the term: (1) 'Board' means the Board of the Georgia Municipal Training Institute. (2) 'Institute' means the Georgia Municipal Training Institute. (3) 'Municipal governing authority' means the governing authority of a municipal corporation. (4) 'State' means the State of Georgia and any department, board, bureau, commission, or other agency thereof. (5) 'Vinson Institute' means the Carl Vinson Institute of Government of the University of Georgia. 36-45-4. (a) All persons elected as members of a municipal governing authority who were not serving as members of a municipal governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education on matters per taining to the administration and operations of municipal governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a municipal governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the board. 1666 JOURNAL OF THE SENATE (b) All expenses incurred by a newly elected member of a municipal governing author ity related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for such purposes. All expenses not paid for by state funds shall be paid from municipal funds by the municipal governing authority whose newly elected member or members shall attend such course. 36-45-5. (a) There is created and established the Georgia Municipal Training Institute. Except as otherwise provided in Code Section 36-45-4, all costs of operating and conducting the institute shall be paid for from public funds appropriated for such purposes. (b) The board shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Section 36-45-4. (c) The course of training and education required by Code Section 36-45-4 shall be conducted by the institute under such rules, regulations, procedures, policies, requirements, and standards as prescribed from time to time by the board. (d) The board shall establish guidelines and procedures to permit any person elected or appointed as a member of a municipal governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the institute due to medical disability, providential cause, or any other reason deemed sufficient by the board, to comply with the requirements of Code Section 3645-4. (e) The board shall perform such other duties and have such other powers and author ity as may be necessary and proper or as prescribed by general law. 36-45-6. (a) The institute shall be under the direction and supervision of the board of the Georgia Municipal Training Institute. The board shall have the power and duty to or ganize and advise the institute so that the institute is operated in accordance with the provi sions of this article. (b) The institute is assigned to the Department of Community Affairs for administra tive purposes only, as prescribed in Code Section 50-4-3. 36-45-7. The board shall consist of seven members and shall be composed of the com missioner or designee of the Department of Community Affairs, the director of the Carl Vinson Institute of Government or designee of the University of Georgia, the president or designee of the Georgia Municipal Association, the executive director or designee of the Georgia Municipal Association, and three members appointed by the Governor from a list of not less than five names submitted by the president of the Georgia Municipal Association. Members of the board appointed by the Governor shall serve for two-year terms. 36-45-8. (a) The board, on behalf of the institute, may accept appropriations, grants, gifts, donations, or contributions from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or estab lishment of any such government; any other organization, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and institute. (b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is cre ated. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board. 36-45-9. On or before February 1 of each year, the board shall file a report to the Gover nor, the chairman of the Senate Urban and County Affairs Committee, and the chairman of the State Planning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the institute during the preceding calendar year, including, but not limited to, the total number of members of a municipal governing authority who attended the course of training and education offered by the insti- TUESDAY, FEBRUARY 27, 1990 1667 tute; an outline of the institute's programs for the current calendar year; an evaluation of the programs and services offered by the institute; and recommendations, if any, for legisla tion as may be necessary to improve the programs and services offered by the institute." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge English Fincher Foster Garner Gillis Hammill Harris Howard Johnson Kennedy Kidd Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker Those not voting were Senators: Brannon Dawkins Egan Engram Fuller Huggins Land McKenzie Scott of 2nd Shumake Tysinger On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. HB 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. Senate Sponsor: Senator Ray of the 19th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1668 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 Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Fincher Foster Fuller Gillis Hammill Howard Johnson Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Taylor Timmons Turner Walker Those not voting were Senators: Allgood Dawkins Engram Garner Harris Huggins Kennedy (presiding) Kidd Land McKenzie Scott of 2nd Shumake Tate Tysinger On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1261. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study. Senate Sponsor: Senator Baldwin of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Fincher Foster Fuller Gillis Hammill Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd TUESDAY, FEBRUARY 27, 1990 1669 Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Allgood Dawkins Engram Garner Harris Howard Kennedy (presiding) Langford McKenzie Phillips Pollard Shumake Taylor Tysinger On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Barker of the 18th. The Senate Committee on Children and Youth offered the following amendment: Amend HB 560 by striking from lines 21 through 23 of page 2 the following: "Bring those children home who are inappropriately placed out of state through use of public funds", and inserting in lieu thereof the following: "Bring those children home who through use of public funds are inappropriately placed out of state". 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 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 Burton Clay Coleman Coffins Dawkins Deal Dean Edge Egan English Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kidd Langford Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh 1670 JOURNAL OF THE SENATE Tate Timmons Turner Walker Those not voting were Senators: Broun EEcnhgoralsm Garner Harris Kennedy (presiding) Land McKenzie Parker Phillips Shumake Taylor Tysinger On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Dawkins of the 45th moved that the Senate insist upon the Senate substitute to HB 1385. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1385. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. 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 TUESDAY, FEBRUARY 27, 1990 1671 SUBJECT: Actuarial Investigation - House Bill 769 (LC 7 7443S) Employees' Retirement System This bill would allow county tax commissioners, collectors, receivers, and employees of such officials who are covered under any county or other local retirement or pension system to become eligible for membership in the Employees' Retirement System (ERS). The bill would also provide that all officers and employees of the Georgia Hazardous Waste Manage ment Authority on or after July 1, 1990 would become members of the ERS. If enacted, this bill would become effective on July 1, 1990, provided it is determined that it has been con currently 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. Tax Officials Georgia Hazardous Waste Management Authority Employees $ 2,075,000 $ (2) The amount of annual normal cost which will result from the bill. $ 147,000 $ 8,000 (3) The employer contribution rate currently in effect. 17.85% 17.85% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.85% 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. $ 294,000 $ 14,000 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: Albert Allgood Baldwin Barker Bowen Brannon Broun Clay Coleman Collins Dean Egan English Fincher Foster Fuller Garner Gillis Hammill Huggins Kidd Land Langford Olmstead Perry Pollard Ragan of 10th 1672 JOURNAL OF THE SENATE Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Walker Those voting in the negative were Senators: Barnes Burton Dawkins Deal Edge Johnson Newbill Peevy Ragan of 32nd Those not voting were Senators: Echols Engram Harris Howard Kennedy (presiding) McKenzie Parker Phillips Shumake Taylor Tysinger On the passage of the bill, the yeas were 36, nays 9. The bill, having received the requisite constitutional majority, was passed. HB 1151. By Representative Watson of the 114th: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers and motor contract carriers and to determine if such mo tor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drug laws. Senate Sponsors: Senators Tysinger of the 41st and Scott of the 2nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Turner Walker Those not voting were Senators: Bowen Broun English Engram Harris Kennedy (presiding) TUESDAY, FEBRUARY 27, 1990 1673 Land Parker Phillips Shumake Tate Taylor Timmons Tysinger On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 452. By Representatives Hamilton of the 124th, Holcomb of the 72nd, Herbert of the 76th and others: A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the employee benefit plan council, so as to change certain definitions; to provide for certain rule-making authority of such council; to pro vide that public school teachers and public school employees shall be eligible for participation in such flexible employee benefit plan. Senate Sponsor: Senator Starr of the 44th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the 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 Egan Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Walker Those not voting were Senators: Bowen Brannon English Engram Garner Harris Kennedy (presiding) Land Parker Phillips Shumake Taylor Timmons Tysinger On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1459. By Representatives Pettit of the 19th, Mobley of the 64th, Thomas of the 69th and others: A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to change the provisions relating to the definition of certain terms; to provide for the designation and 1674 JOURNAL OP THE SENATE additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sales of certain low priced designated securities; to provide for additional training for certain designated salesmen. 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 Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan Fincher Hammill Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Walker Those not voting were Senators: Edge English Engram Foster Fuller Garner Gillis Harris Kennedy (presiding) McKenzie Parker Peevy Phillips Shumake Taylor Timmons Tysinger On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1644. By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, so as to provide for a one-time fee for licenses or permits. Senate Sponsor: Senator Baldwin of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Burton Clay Coleman Collins Deal Dean TUESDAY, FEBRUARY 27, 1990 1675 Echols Egan Engjish *Fuklflehrer Garner Gillis Hammill Howard Muggins Johnson Kidd Land xNraenwlbfi^ll d Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd S,, cott of 36th r,tarr fate Timmons Turner Walker Those not voting were Senators: Barnes Broun Dawkins Edge Engram Foster Harris Kennedy (presiding) McKenzie Parker Phillips Shumake Stumbaugh Taylor Tysinger On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1408. By Representative Lane of the 27th: A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination. 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 Brker Bwen Brannon Edge Egan English Fincher Fuller Garner BPQua"rytTon Coleman Collins Dawkins Deal Dean Echols G,,Hialmlismill Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy Perry Pollard Ragan of 10th RRaagyBan of 32nd Scott of 36th Starr Tate Timmons Turner Walker Those not voting were Senators: Barnes Engram Foster Harris Kennedy (presiding) McKenzie Parker Phillips Scott of 2nd 1676 JOURNAL OF THE SENATE Shumake Stumbaugh Taylor Tysinger On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1373. By Representatives Balkcom of the 140th and Meadows of the 91st: A bill to amend Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, so as to provide that the commissioner of natural resources may authorize conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision of this state in the prevention or detection of violations of any law or in the apprehension or arrest of criminals. Senate Sponsor: Senator Gillis of the 20th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Fincher Fuller Gillis Hammill Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner Walker Those not voting were Senators: Barnes Engram Foster Garner Harris Kennedy (presiding) McKenzie Parker Phillips Shumake Stumbaugh Taylor Tysinger On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 27, 1990 1677 The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 1254. By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1185. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug offense. Senate Sponsor: Senator Johnson of the 47th. The Senate Committee on Judiciary offered the following substitute to HB 1185: 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 delay of the issuance of a driver's license to any person under the age of 16 who is adjudicated or convicted of driving under the influence or of a drug offense; to provide for procedures; 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 Code Section 40-5-22.1 to read as follows: "40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlaw ful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a certified assessment compo nent and the education/intervention component or the intensive intervention component of a DUI alcohol and drug use risk reduction program as prescribed by the Department of Human Resources or operated by or under contract with the juvenile court and pays a fee of $35.00 to the Department of Public Safety or $25.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issu ance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section." 1678 JOURNAL OF THE SENATE Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon *roun BQ,urton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Fincher Fuller Garner Gillis THTammi.l,,l Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead peevy Perry Pollard -R^agan of,. -1~0,t,h RaSan of 32nd Ray Tate Timmons Turner Walker Those not voting were Senators: Barnes Engrain Kennedy (presiding) Parker Phillips Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Tysinger On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Scott of the 36th moved that the Senate insist upon the Senate substitute to HB 1254. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1254. TUESDAY, FEBRUARY 27, 1990 1679 Senator Newbill of the 56th moved that Senator Engram of the 34th be excused from the Senate due to illness. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Engram of the 34th was excused from the Senate. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 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. Senate Sponsor: Senator Harris of the 27th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Timmons Turner Walker Those not voting were Senators: Barnes Engram (excused) Foster Kennedy (presiding) Parker Phillips Shumake Starr Stumbaugh Taylor Tysinger On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 1680 JOURNAL OF THE SENATE trust fund moneys; to authorize contributions to the trust fund and the condi tions thereof. Senate Sponsor: Senator Olmstead of the 26th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Brannon Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Fincher Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Tate Turner Walker Those not voting were Senators: Barnes Bowen Deal Engram (excused) Foster Garner Kennedy (presiding) Parker Phillips Scott of 2nd Shumake Stumbaugh Taylor Timmons Tysinger On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 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. Senate Sponsor: Senator McKenzie of the 14th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Brannon Broun Burton Clay Coleman TUESDAY, FEBRUARY 27, 1990 1681 Collins Dawkins Deal Dean Echols Edge Egan English Fuller Garner Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 32nd Scott of 36th Starr Tate Turner Walker Those not voting were Senators: Barnes Bowen Engram (excused) Fincher Foster Gillis Kennedy (presiding) Kidd Parker Phillips Ragan of 10th Ray Scott of 2nd Shumake Stumbaugh Taylor Timmons Tysinger On the passage of the bill, the yeas were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date. The Speaker has appointed on the part of the House, Representatives Patten of the 149th, Dobbs of the 74th and Parrish of the 109th. 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 12:52 o'clock P.M., Senator Kennedy of the 4th, President Pro Tempore, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow. 1682 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 28, 1990 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 9:00 o'clock A.M. and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. Senator Tysinger of the 41st moved that the Senate reconsider its action of February 27 in passing the following bill of the House: 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. On the adoption of the motion, Senator Tysinger of the 41st called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Burton Collins Dawkins Deal Egan Foster Land Newbill Peevy Phillips Taylor Tysinger Those voting in the negative were Senators: Allgood Bowen Brannon Broun Clay Coleman Dean Echols Edge English Fincher Gillis Hammill Harris Huggins Kennedy Kidd Olmstead Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Tate Timmons Turner Walker Those not voting were Senators: Baldwin Engram Fuller Garner Howard Johnson Langford McKenzie Scott of 2nd Shumake Stumbaugh On the motion, the yeas were 15, nays 30; the motion was lost, and HB 1095 was not reconsidered. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. WEDNESDAY, FEBRUARY 28, 1990 1683 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 1904. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th: A bill to provide for the unification of the existing governments of the City of Athens and Clarke County; to provide for the creation of the unified government of Athens-Clarke County, Georgia. HB 1997. By Representatives Dover of the llth, Jamieson of the llth and McDonald of the 12th: A bill to amend an Act providing a salary for the coroner of Banks County, so as to change the compensation of the coroner. HB 1998. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide for retaining terms of office of two years for the mayor and council members; to provide for the date of municipal elections. HB 1999. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the Town of East Dublin, so as to provide that three members of the city council shall be elected by district and two members shall be elected at large. HB 2000. By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th, Mangum of the 57th, Richardson of the 52nd and others: A bill to amend an Act creating the Avondale Estates Development Authority, so as to provide for the Avondale Estates Business District. HB 2001. By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and Walker of the 85th: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of the solicitor of the state court. HB 2003. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A bill to amend an Act creating a new board of commissioners of Cherokee County, so as to provide for a code of ethics for the members of the governing authority of Cherokee County; to provide for the creation of an independent Board of Ethics of Cherokee County. HB 2005. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act establishing the "Clayton County Commission on Chil dren and Youth," so as to change the membership of the commission; to change the date on which the commission is abolished. 1684 JOURNAL OF THE SENATE HB 2008. By Representative Heard of the 43rd: A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to change the qualifications and terms of the mayor and council; to change the date of the municipal election. HB 2010. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act incorporating the City of Sky Valley, so as to authorize the retention of staggered two-year terms of office. HB 2012. By Representative Dixon of the 128th: A bill to amend an Act creating a new Charter for the Town of Pooler, so as to change the provisions relating to the time of election, taking of office, and terms of office of the Mayor and Alderman. HB 2009. By Representatives Dixon of the 128th, Pannell of the 122nd, Hamilton of the 124th, Kingston of the 125th and Mueller of the 126th: A bill to provide for a homestead exemption of $30,000.00 from all City of Pooler ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00. HB 2011. By Representative Jenkins of the 80th: A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for certain individuals; to provide an additional $4,000.00 home stead exemption from ad valorem taxes of the City of Forsyth for individuals 65 years of age or older. SB 675. By Senator Echols of the 6th: A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date. SB 722. By Senators Ragan of the 32nd, Clay of the 37th, Newbill of the 56th and others: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the provisions relating to the position of chief judge of the State Court of Cobb County. 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. 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. 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. WEDNESDAY, FEBRUARY 28, 1990 1685 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. SB 540. By Senator Phillips of the 9th: A bill to amend Code Section 7-1-650 of the Official Code of Georgia Annotated, relating to the powers of a credit union, so as to authorize the investment of certain funds of credit unions by the buying or selling of loan participations through certain financial institutions. SB 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 termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the repeal of the laws relating thereto. SB 573. By Senator Howard of the 42nd: A bill to amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change the provisions relating to the ; termination of the State Board of Dispensing Opticians and the repeal of the :; laws relating thereto; to provide for an effective date. SB 588. By Senators Deal of the 49th and Peevy of the 48th: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, so as to provide for confidentiality of examination questions and other examination materials; to clarify certain provisions relating to subpoenas; to modify the venue provisions for cease and desist orders; to provide an effective date. SB 632. By Senator Egan of the 40th: A bill to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as the "Uniform Management of Institutional Funds Act," so as to define "historic dollar value" of an endowment fund of a charitable institution for the purpose of determining the total return of the endowment fund; to change provi sions relating to definitions. SB 605. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources; to provide a definition; to au thorize the director to require the submission of certain information. SB 567. By Senators Coleman of the 1st, Muggins 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 1 financial assistance for transportation services for elderly and handicapped per- H 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. 1686 JOURNAL OF THE SENATE SB 580. By Senator Garner of the 30th: A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to change the definition of a cer tain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia under certain conditions. The House has adopted by the requisite constitutional majority the following resolu tions of the Senate: SR 304. By Senators Broun of the 46th, Parker of the 15th and Land of the 16th: A resolution providing for the Georgia 1992 Commission and its composition and organization, terms, vacancies, compensation and allowances, authority, powers, duties, and abolition. SR 297. By Senators Gillis of the 20th, Kidd of the 25th, Broun of the 46th and others: A resolution providing for the placing of a marker on Colonel's Island in Glynn County in honor of former Governor S. Ernest Vandiver. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 508. By Senators Turner of the 8th, McKenzie of the 14th and Timmons of the llth: 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. SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide defini tions; to provide the minimum contents of such plan. SB 503. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs. WEDNESDAY, FEBRUARY 28, 1990 1687 The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate: 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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 563. By Senator Pollard of the 24th: A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 970. By Representative Barnett of the 59th: A resolution designating "A Can Do Week". The House has agreed to the Senate substitutes to the following bills of the House: HB 1239. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th: A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges. HB 1878. By Representative Smith of the 78th: A bill to amend an Act providing for the election of the members of the Butts County Board of Education, so as to provide for per diem and expenses of mem bers of such board. The House has agreed to the Senate amendment to the following bill of the House: 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. The House has adopted the report of the Committee of Conference on the following bills of the House: HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th and others: A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or cer tified under such chapter. 1688 JOURNAL OF THE SENATE 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 following bill of the Senate was introduced, read the first time and referred to committee: SB 765. By Senator Harris of the 27th: A bill creating a board of commissioners of Monroe County, as amended, so as to change the compensation of the commissioners; to provide for a referendum; to provide effective dates. Referred to Committee on Urban and County Affairs. The following bills of the House were read the first time and referred to committee: HB 1904. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th: A bill to provide for the unification of the existing governments of the City of Athens and Clarke County; to provide for the creation of the unified government of Athens-Clarke County, Georgia. Referred to Committee on Urban and County Affairs. HB 1997. By Representatives Dover of the llth, Jamieson of the llth and McDonald of the 12th: A bill to amend an Act providing a salary for the coroner of Banks County, so as to change the compensation of the coroner. Referred to Committee on Urban and County Affairs. HB 1998. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide for retaining terms of office of two years for the mayor and council members; to provide for the date of municipal elections. Referred to Committee on Urban and County Affairs. HB 1999. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the Town of East Dublin, so as to provide that three members of the city council shall be elected by district and two members shall be elected at large. Referred to Committee on Urban and County Affairs. HB 2000. By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th and others: A bill to amend an Act creating the Avondale Estates Development Authority, so as to provide for the Avondale Estates Business District. Referred to Committee on Urban and County Affairs. WEDNESDAY, FEBRUARY 28, 1990 1689 HB 2001. By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th and others: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to change the compensation of the solicitor of the state court. Referred to Committee on Urban and County Affairs. HB 2003. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A bill to amend an Act creating a new board of commissioners of Cherokee County, so as to provide for a code of ethics for the members of the governing authority of Cherokee County; to provide for the creation of an independent Board of Ethics of Cherokee County. Referred to Committee on Urban and County Affairs. HB 2005. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act establishing the "Clayton County Commission on Chil dren and Youth," so as to change the membership of the commission; to change the date on which the commission is abolished. Referred to Committee on Urban and County Affairs. HB 2008. By Representative Heard of the 43rd: A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to change the qualifications and terms of the mayor and council; to change the date of the municipal election. Referred to Committee on Urban and County Affairs. HB 2009. By Representatives Dixon of the 128th, Pannell of the 122nd, Hamilton of the 124th and others: A bill to provide for a homestead exemption of $30,000.00 from all City of Pooler ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00. Referred to Committee on Urban and County Affairs. HB 2010. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act incorporating the City of Sky Valley, so as to authorize the retention of staggered two-year terms of office. Referred to Committee on Urban and County Affairs. HB 2011. By Representative Jenkins of the 80th: A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for certain individuals; to provide an additional $4,000.00 home stead exemption from ad valorem taxes of the City of Forsyth for individuals 65 years of age or older. Referred to Committee on Urban and County Affairs. HB 2012. By Representative Dixon of the 128th: A bill to amend an Act creating a new Charter for the Town of Pooler, so as to change the provisions relating to the time of election, taking of office, and terms of office of the Mayor and Alderman. Referred to Committee on Urban and County Affairs. 1690 JOURNAL OF THE SENATE 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 1480. Do pass. HB 1660. Do pass as amended. HB 1612. Do pass. HB 1711. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1342. Do pass. Respectfully submitted, Senator Ray of the 19th District, Chairman Mr. President: The Committee on Human Resources has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 475. Do pass. HB 1383. Do pass. HB 580. Do pass. HB 952. Do pass. HB 999. Do pass. HB 1505. Do pass by substitute. HR 809. Do pass. Respectfully submitted, Senator Howard of the 42nd District, Chairman Mr. President: The Committee on Human Resources has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1742. Do pass by substitute. HR 872. Do pass by substitute. Respectfully submitted, Senator Howard of the 42nd District, Chairman Mr. President: The Committee on Insurance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1128. Do pass. WEDNESDAY, FEBRUARY 28, 1990 1691 HB 1466. Do pass. HB 1674. Do pass. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1514. Do pass. HB 1523. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1098. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 470. Do pass. HB 1808. Do pass. HB 1957. Do pass. HR 930. Do pass. HB 1807. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1337. Do pass by substitute. HB 1665. Do pass. HB 1562. Do pass. HB 1677. Do pass. HB 1568. Do pass. HB 1797. Do pass. HB 1581. Do pass. HB 1798. Do pass by substitute. HB 1622. Do pass. HR 588. Do pass. HB 1630. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman 1692 JOURNAL OF THE SENATE Mr. President: The Committee on Public Utilities has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1673. Do pass. HB 1763. Do pass. HR 779. Do pass. HR 847. Do pass. HR 850. Do pass. Respectfully submitted, Senator Scott of the 2nd District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation: HR 886. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1350. HB 1139. HB 1397. HB 1323. Do pass by substitute. HB 1202. Do pass as amended. Do pass. HB 1456. Do pass. Do pass. HB 1647. Do pass. Do pass as amended. HB 1567. Do pass as amended. Respectfully submitted, Senator Peevy of the 48th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 756. SB 757. SB 758. SB 759. HB 1634. HB 1694. HB 1850. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass by substitute. Do pass. HB 1907. HB 1916. HB 1927. HB 1930. HB 1949. HB 1950. HB 1952. Do pass. Do pass as amended. Do pass as amended. Do pass. Do pass. Do pass. Do pass. WEDNESDAY, FEBRUARY 28, 1990 1693 HB 1953. HB 1955. HB 1959. HB 1962. HB 1963. Do pass. Do pass. Do pass. Do pass. Do pass. HB 1965. Do pass. HB 1%7 DQ pasg HB 1968' Do Pass' HB 1970. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SR 464. By Senators Kennedy of the 4th, Ragan of the 10th, Ray of the 19th and others: A resolution urging the United States Congress to take all necessary and appro priate action to oppose any attempt to reduce the federal support loan rate for the 1991 peanut crop. HB 9. By Representative Lane of the 27th: A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide that persons contracting with a state agency shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor to provide a drug-free workplace. 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. 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 1204. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election. HB 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. 1694 JOURNAL OF THE SENATE 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. 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. 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 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 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. HB 1516. By Representative Mangum of the 57th: 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 repeal Code Section 202-63, relating to failure to arrange for operation of schools. HB 1517. By Representative Mangum of the 57th: 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 repeal Article 13 thereof, relating to suspending and reopening local school systems. HB 1518. By Representative Mangum of the 57th: 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 add a new Article 20, to be known as the "Education Partnership Act of 1990"; to provide for a short title and findings; to encourage certain partnerships with schools and school systems; to provide for work-release time; to provide for grants, regula tions, and partnership plans; to provide for funding. WEDNESDAY, FEBRUARY 28, 1990 1695 HB 1541. By Representatives Walker of the 115th, Groover of the 99th, Edwards of the 112th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide a defi nition; to limit the Department of Medical Assistance's ability to obtain interest and its liability for interest. HB 1553. By Representatives Jenkins of the 80th and Birdsong of the 104th: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws. HB 1571. By Representatives Barfoot of the 120th, Lane of the lllth, Reaves of the 147th and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Vidalia Sweet Onion as the official vegetable of this state. HB 1605. By Representatives Stephens of the 68th, Buford of the 103rd and Pettit of the 19th: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to provide that in cases of an unknown person operating a motor vehicle, physical contact shall not be required where a named defendant contends or testifies that such unknown person caused or con tributed to the cause of the occurrence or in any case where there is a witness to the occurrence other than the claimant who testifies that such unknown person causes the occurrence. HB 1610. By Representatives Walker of the 85th, Smyre of the 92nd, Padgett of the 86th and others: A bill to amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, so as to provide that the minimum amount of capital with which a corporation shall commence business shall not be less that $50,000.00. 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 1617. By Representatives Richardson of the 52nd and Lawson of the 9th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to ex pand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees. HB 1641. By Representative Mangum of the 57th: A bill to amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to general and career education programs, so as to change the provisions 1696 JOURNAL OF THE SENATE relating to assessments for first grade readiness; to provide for assessments and grade placement decisions; to provide for guidelines, documentation, and reports. HB 1654. By Representative Reaves of the 147th: A bill to amend Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, so as to change the penalty for mislabeling products. HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. HB 1790. By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th: A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties. HB 1801. By Representatives Couch of the 36th, Irwin of the 13th, Thompson of the 20th and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require public transit operators to estab lish drug-testing programs for employees and applicants for positions performing sensitive safety functions. HB 1889. By Representative Bostick of the 138th: A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Com mittee and its composition and powers. HR 936. By Representatives Childers of the 15th and Athon of the 57th: A resolution urging the Governor to designate April 22 thiough 28, 1990, as "Or gan and Tissue Donor Awareness Week" in Georgia. The President called for the morning roll call, and the following Senators answered to their names: Albert Allgood Baldwin Barnes Brannon Broun Burton Coleman Collins Dean Echols Egan English Fincher Foster Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Peevy Perry Phillips Pollard WEDNESDAY, FEBRUARY 28, 1990 1697 Ragan of 10th Ragan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not answering were Senators: Barker Bowen Clay Dawkins Deal Edge Engram Fuller Garner Howard Langford Parker Ray Scott of 2nd Taylor Senator Allgood of the 22nd introduced the chaplain of the day, Reverend John W. P. Oliver, pastor of First Presbyterian Church, Augusta, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate and House were read and adopted: SR 486. By Senator Ray of the 19th: A resolution recognizing the year 1990 as the Year of the Airborne Forces in commemoration of June 1, 1990, as the fiftieth anniversary of the Airborne Forces of the United States Army. SR 487. By Senator Kidd of the 25th: A resolution commending and recognizing Mr. Milton Sanders. SR 488. By Senators Scott of the 2nd and Coleman of the 1st: A resolution expressing condolences at the passing of Mr. John Wesley McGlockton. SR 489. By Senator Broun of the 46th: A resolution commending Lt. Col. Arthur McClure "Bud" Kinney. HR 970. By Representative Barnett of the 59th: A resolution designating April 1, 1990 through April 7, 1990 as "A Can Do Week" in honor of Gwinnett Clean & Beautiful's tenth birthday. Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Senate Committee on Insurance and committed to the Senate Committee on Human Resources: HB 1137. By Representative Richardson of the 52nd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of contin uing care providers and facilities; to provide for exemptions; to prohibit continu ing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department. On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1137 was with drawn from the Senate Committee on Insurance and committed to the Senate Committee on Human Resources. Senator Taylor of the 12th moved that the following bill of the House be withdrawn 1698 JOURNAL OF THE SENATE from the Senate Committee on Insurance and committed to the Senate Committee on Spe cial Judiciary: 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. On the motion, the yeas were 41, nays 0; the motion prevailed, and HB 1609 was with drawn from the Senate Committee on Insurance and committed to the Senate Committee on Special Judiciary. 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 28, 1990 THIRTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 756 Clay, 37th Newbill, 56th Barnes, 33rd Ragan, 32nd Cobb County Changes the compensation of the judges of the second division of the State Court of Cobb County. SB 757 Clay, 37th Newbill, 56th Barnes, 33rd Ragan, 32nd Cobb County Increases the compensation of the solicitor and assistant solicitors of the State Court of Cobb County. SB 758 Brannon, 51st Gordon County Authorizes the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Gordon County. SB 759 Pollard, 24th Albert, 23rd Columbia County Provides that the members of the board of education of Columbia County shall be elected by the voters of their respective education districts only; pro vides for the manner of electing such members. WEDNESDAY, FEBRUARY 28, 1990 1699 *HB 1634 Burton, 5th Tysinger, 41st Howard, 42nd Stumbaugh, 55th DeKalb County Provides for the determination of the millage rate by the governing authori ties of DeKalb County and the DeKalb County Schools District. (AMEND MENT) *HB 1694 Peevy, 48th Phillips, 9th Gwinnett County Requires the board of commissioners of Gwinnett County to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services. (SUBSTITUTE) HB 1850 Engram, 34th Langford, 35th Fulton County City of Hapeville Changes the provisions relating to elections and terms of the members of the governing authority of the City of Hapeville. HB 1907 Brannon, 51st Fincher, 54th Whitfield County Prohibits certain actions by the members of the board of commissioners of Whitfield County, the comptroller, and the county engineer. *HB 1916 Dean, 31st Haralson County Provides for the creation of a multimember board of commissioners as the governing authority of Haralson County. (AMENDMENT) *HB 1927 Perry, 7th Berrien County Changes the provisions relating to the compensation of members of the board of commissioners of Berrien County. (AMENDMENT) HB 1930 Langford, 35th Fulton County City of Hapeville Provides that the City of Hapeville shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code, the "Redevelopment Powers Law". HB 1949 Echols, 6th Appling County City of Baxley Provides for the annexation of certain streets, roads, and highways into the corporate limits of the city. 1700 JOURNAL OF THE SENATE HB 1950 Echols, 6th Gillis, 20th Appling County Provides for staggered terms for the members of the board of commissioners of Appling County. HB 1952 Gillis, 20th Laurens County Town of East Dublin Changes the corporate name of the Town of East Dublin to the City of East Dublin. HB 1953 Fincher, 54th Murray County To continue the Board of Education for Murray County and provide for its composition, powers, duties, rights, obligations, and liabilities. HB 1955 Bowen, 13th Ben Hill and Irwin Counties City of Fitzgerald Provides a $10,000.00 homestead exemption from ad valorem taxes of the City of Fitzgerald for individuals 65 years of age or older. HB 1959 Starr, 44th Collins, 17th Clayton County Provides a homestead exemption from city ad valorem taxes for certain indi viduals who meet certain qualifications. HB 1962 Fincher, 54th Huggins, 53rd Catoosa County Provides for an advisory referendum election for the purpose of determining whether or not the adoption of a comprehensive land use plan and zoning ordinance for unincorporated Catoosa County is preferred by the electors. HB 1963 Garner, 30th Baldwin, 29th Carroll County Changes the education districts of the Carroll County School District. HB 1965 Engram, 34th Langford, 35th Clayton and Fulton Counties City of College Park Authorizes the city to exercise all powers granted by the "Redevelopment Powers Law". HB 1967 Newbill, 56th Ragan, 32nd Barnes, 33rd WEDNESDAY, FEBRUARY 28, 1990 1701 Clay, 37th Cobb County Changes the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff. HB 1970 McKenzie, 14th Peach County Provides for the Board of Education of Peach County. The amendments and substitute to the following bills were put upon their adoption: *HB 1634: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1634 by striking from line 24 of page 2 the following: "On or before October 1, 1991", and inserting in lieu thereof the following: "Two weeks prior to the establishment of the millage rate for ad valorem tax purposes beginning in calendar year 1991". By striking wherever it may appear the word "fiscal" and inserting in lieu thereof the word "calendar". On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted. *HB 1694: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1694: A BILL To be entitled an Act to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services; to define certain terms; to provide excep tions; to provide procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, is amended by adding at the end of Section 7 a new subsection (d) to read as follows: "(d) (1) As used in this subsection, the term: (A) 'Person' means an individual, a corporation, a partnership, a business trust, an asso ciation, a firm, or any other legal entity. (B) 'Professional services' includes but is not limited to the practice of architecture, the practice of professional engineering, the practice of land surveying, the practice of landscape architecture, the practice of law, and consultant or professional study services. The term 'professional services' shall not include indigent defense services; medical services; educa tional and recreational instruction; counseling services; banking services; court reporting; medical examiner services; arbitration; investigation services, expert witnesses for criminal 1702 JOURNAL OF THE SENATE proceedings, or other professional services associated with judicial proceedings; veterinarian services; language translation services; funeral and burial services; drug testing; and preemployment psychological screenings. The term 'professional services' is not intended to include such services provided by county employees as part of their job duties, but rather is intended to include only such services provided on a nonemployee contractual basis. (2) The board of commissioners shall prepare monthly and make available for public dissemination in the county legal organ and such other media as the board shall deem ap propriate an itemized account of all funds expended for professional services, except those services excluded under subparagraph (B) of paragraph (1) of this subsection. The account shall state the name of the person receiving county funds, the amount so received, and the professional service provided. If a vendor receives more than one payment during a month for the same type of professional service, then it shall be sufficient to publish the total of such payments." Section 2. This Act shall become effective July 1, 1990. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted. *HB 1916: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1916 by striking the figure "$8,000.00" on line 29 of page 4 and inserting in its place the figure "$4,500.00". By striking the figure "$7,500.00" on line 30 of page 4 and inserting in its place the figure "$4,000.00". By striking the figure "$35,000.00" on line 26 of page 7 and inserting in its place the figure "$50,000.00". On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted. *HB 1927: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1927 by striking line 24 of page 2 and inserting in lieu thereof the following: "of the Nashville G.M.D.; and". 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 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 Barker Barnes Bowen Brannon WEDNESDAY, FEBRUARY 28, 1990 1703 Broun Burton Clay Collins J?aw!kms El Echols Edge Egan Engram Fincher Foster Gillis Hammill Harris *%& LaS Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan Of 32nd J^Y Scott of 2nd ^tof36th Starr Tate Taylor Turner Walker Those not voting were Senators: Baldwin Coleman English Fuller Garner Howard Johnson Kennedy Langford McKenzie Perry Shumake Stumbaugh Timmons Tysinger On the passage of all the local bills, the yeas were 41, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1634, HB 1694, HB 1916, and HB 1927, having received the requisite constitutional majority, were passed. HB 1634, HB 1916 and HB 1927, having received the requisite constitutional majority, were passed as amended. HB 1694, having received the requisite constitutional majority, was passed by substitute. Senator Tysinger of the 41st moved that HB 1634, having been passed as amended on the Senate Local Consent Calendar, be immediately transmitted to the House. On the motion, the yeas were 40, nays 1; the motion prevailed, and HB 1634 was imme diately transmitted to the House. SENATE RULES CALENDAR Wednesday, February 28, 1990 THIRTY-FIFTH LEGISLATIVE DAY HB 442 Sales Tax--certain transactions outside state (Substitute) (B&F--20th) HB 441 Superior Court Judges Retirement--credit for state court judge service (Ret--52nd) HB 695 Employees' Retirement System--credit for certain National Guard duty (Ret--llth) HB 1114 Legislative Retirement System--credit for certain prior service (Ret--38th) HB 1314 Appropriations, 1990-91--provide (Substitute) (Approp--44th) SR 429 Dangers of House Plants--urge educate children, communities (Rules--18th) SR 472 Senate Georgia Export Expansion Study Committee--create (Rules--47th) HB 1623 Intangible Taxation--change exemption provisions, certain bank stock (B&F--8th) HB 1846 Annexation--certain cities authorized prior to July 1, 1991 (U&CA G--37th) 1704 JOURNAL OF THE SENATE HB 552 Pesticide Contractor's License--provisions on financial responsibility (Substi tute) (I&L--21st) HB 1088 Employees' Retirement--certain judicial employees members (Amendment) (Ret--24th) HB 1633 Supreme Court Justice, Appeals Court Judge--delete mandatory retirement (Amendment) (Judy--49th) HR 585 Divorce Case--when tried in county of plaintiff (Substitute) (S Judy--28th) HB 1360 Motor Vehicle Registration, Title, Drivers' Licenses--revise laws (Amendments) (Judy--49th) HB 1336 Campaign Contributions--prohibit state agencies (Gov Op--5th) HB 1434 Hospital Regulation--definitions (Hum R--42nd) HB 1168 Workers' Compensation--no compensation for injury, death due to drugs (I&L--29th) HB 1312 Campaign Contributions--personal use not authorized (Amendment) (Gov Op--25th) HB 1053 Certain Actions Regarding Agency Rules--apply to Medical Assistance Depart ment (Hum R--43rd) HB 1628 Special and Municipal Special Elections--uniform dates (Gov Op--25th) HB 1560 Teachers Retirement System--executive director (Ret--llth) HB 1381 Intangible Personal Property Tax Returns--filing extension (B&F--23rd) HB 1172 Elections--form of registration cards, certain counties (Gov Op--25th) HB 1423 Hazing--change penalty (S Judy--48th) HR 592 U.S. 441 Business Historic Route--extend, redesignate (Trans--50th) HB 1563 Practical Nurse Licensure by Endorsement--issuance conditions (Hum R--23rd) HB 1512 Fire Bomb--provisions on criminal possession (Judy--5th) HB 1457 Certain Facilities under Department of Human Resources--waivers to rules on standards (Hum R--42nd) HB 1231 Colleges, Universities--provisions for drug-free environment (H Ed--40th) HB 1646 Ad Valorem Tax--standing timber included as real estate (B&F--8th) HB 1445 License to Carry Weapon--change certain fees (Amendment) (S Judy--12th) HB 671 Animal Shelters--euthanasia (Substitute) (Ag--8th) HB 1441 Pupil Transportation--contracts (Substitute) (Ed--49th) HB 1499 Teacher Certification--change fee provisions (Substitute) (Ed--33rd) HB 1389 Board of Registration of Used Car Dealers--composition (Pub S--7th) HB 639 Teachers Retirement--certain University System withdrawal (Ret--24th) HB 704 Local Boards of Education--filling vacancies (Ed--49th) HB 1608 Business, Occupation Tax--city/county prosecute when failure to pay (Substi tute) (U&CA G--15th) HB 1208 Check Cashers--licensure (Substitute) (B&F--8th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee WEDNESDAY, FEBRUARY 28, 1990 1705 The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Gillis of the 20th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Terry L. Coleman, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget DATE: January 24, 1990 SUBJECT: Fiscal Note--House Bill 442 (LC 11 6687) Sales and Use Tax--Out-of-State Sales This bill would make several changes in regards to the definition of "dealer" as related to sales and use tax. The bill would identify "dealers" currently soliciting business through catalogs and other advertising matter to also specifically include use of periodicals, advertis ing fliers, print, radio, television media, telephone, computer equipment, or other communi cation system. Provision would also be made that such dealers would collect tax from lessees and renters as well as purchasers. In addition the bill would establish specific liability on these dealers to collect and remit tax on out-of-state sales. If enacted, this bill would be come effective July 1, 1990. The fiscal impact of this bill has not been determined. Although some national studies, like one by the Advisory Commission on Intergovernmental Relations (Washington, 1987), have tried to allocate total mail-order sales among states, they have not been successful in separating the transactions of companies that have no current sales tax relationship with a particular state. Moreover, states that have broadened their tax base as this bill does have found that their collections do not grow to match potentials which national allocations suggest. For Georgia, neither the current volume of sales by the new designation of "dealers" nor the volume of sales that would prevail were this bill to become law is immediately ascer- tainable. An intensive study would have to be designed and carried out to gain estimates of the presently untaxed transactions which such "dealers" might capture. It should be noted that proposed provisions of this bill cite that a 3% single sales tax rate will be collected on out-of-state purchases, leases, and rentals and do not reflect the 4% sales tax rate enacted last year. M G. W. Hogan State Auditor /s/ C. T. Stevens Director, Office of Planning and Budget 1706 JOURNAL OF THE SENATE The Senate Committee on Banking and Finance offered the following substitute to HB 442: A BILL To be entitled an Act 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 the sale, storage, or use of certain precious metal bullion and coins shall not be subject to sales and use taxation; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state and must pay that tax to the dealer involved in the transaction; to provide for liability of the dealers for the tax; to provide for tax rates and credits; to provide for conditions and limita tions regarding the tax; to provide when purchasers, lessees, or renters will be dealers and the consequence thereof; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, is amended by striking subparagraph (H) of subparagraph (3) of Code Section 48-8-2, relating to definitions, and inserting in its place a new subparagraph to read as follows: "(H) Solicits business by representatives or engages in the regular or systematic solici tation of a consumer market in this state by the distribution of catalogs, periodicals, adver tising fliers, or other advertising, or by means of print, radio, or television media, by telegra phy, telephone, computer data base, cable optic, microwave, or other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless it is affirmatively shown that this article has been fully complied with." Section 2. Said article is further amended in Code Section 48-8-3, relating to exemp tions from taxation, by striking the word "or" at the end of paragraph (53); by replacing the period at the end of paragraph (54) with the symbol and word "; or"; and by adding imme diately thereafter a new paragraph (55) of Code Section 48-8-3 to read as follows: "(55) The sale, storage, or use of precious metal bullion and coins by a dealer who possesses a valid business license in the jurisdiction in which the business is located, which sale, storage, or use exceeds $1,000.00 in value; and for the purposes of this chapter 'precious metal bullion' means any precious metal, including, but not limited to gold, silver, platinum, and palladium, which has been put through a process of refining and is in such a state or condition that its value depends upon its precious metal content and not its form; and for the purposes of this chapter 'coins' means any precious metal, including but not limited to gold, silver, platinum, palladium, and other metals heretofore, now, or in the future desig nated as a medium of exchange under the laws of this state, the United States, or any foreign nation." Section 3. Said article is further amended by adding immediately following subsection (c) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new subsection, to be designated subsection (c.l), to read as follows: "(c.l) (1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, WEDNESDAY, FEBRUARY 28, 1990 1707 when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable for a tax on the sale at the rate of 4 percent of such gross sales or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. The tax imposed by this subsection shall be subject to the credit other wise granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax." Section 4. Said article is further amended by adding immediately following subsection (e) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new subsection, to be designated subsection (e.l), to read as follows: "(e.l) (1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the rental charge paid for that lease or rental if that person is a dealer, as defined in subpara graph (H) of paragraph (3) of Code Section 48-8-2 and title to that property remains in that person. It shall be prima-facie evidence that such property is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for purposes of this article. The dealer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the dealer. Every person who is a dealer, as defined in subpara graph (H) of paragraph (3) of Code Section 48-8-2 and who leases or rents tangible personal property outside this state to be delivered in this state to the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 percent of the gross proceeds from such leases or rentals or the amount of taxes col lected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater. (2) No lease or rental shall be taxable to the dealer which is not taxable to the lessee or renter. The tax imposed by this subsection shall be subject to the credit granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax." Section 5. Said article is further amended by striking subsection (g) of Code Section 488-30, relating to imposition of the sales and use tax, and inserting in its place a new subsec tion to read as follows: "(g) Whenever a purchaser of tangible personal property under subsections (b) or (e.l) of this Code section, a lessee or renter of the property under subsections (d) or (e.l) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax im posed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved." Section 6. This Act shall become effective on July 1, 1990. Section 7. All laws and parts of laws in conflict with this Act are repealed. 1708 JOURNAL OF THE SENATE The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Nathan Dean State Senator FROM: G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget DATE: February 27, 1990 SUBJECT: Fiscal Note--House Bill 442 Senate Committee Substitute (LC 15 2740S) Sales and Use Tax--Out-of-State Sales This bill would make several changes in regards to the definition of "dealer" as related to sales and use tax. The bill would identify "dealers" currently soliciting business through catalogs and other advertising matter to also specifically include use of periodicals, advertis ing fliers, print, radio, television media, telephone, computer equipment, or other communi cation system. Also the sale, storage, or use of certain precious metal bullion and coins would not be subject to the sales and use tax. Provision would also be made that certain purchasers, renters, and lessees will be liable for the sales and use tax on certain out of state transactions, provides for dealer liability, tax rates and credits, and contains certain other conditions and limitations. If enacted, this bill would become effective July 1, 1990. The fiscal impact of this bill can not be readily determined. Neither the current volume of sales by the new designation of "dealers" nor the volume of sales that would prevail were this bill to become law is immediately ascertainable. An intensive study would have to be designed and carried out to gain estimates of the presently untaxed transactions. /s/ G. W. Hogan State Auditor /s/ C. T. Stevens Director, Office of Planning and Budget On the adoption of the substitute, the yeas were 41, 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 Bowen Broun Coleman Dawkins Dean Echols Edge English Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Walker WEDNESDAY, FEBRUARY 28, 1990 1709 Those voting in the negative were Senators: Barker Bflrne8 Brannon Burton Clay Collins Deal Egan Engram Peevy Perry Ragan of 32nd Shumake Tysinger Those not voting were Senators: Howard Langford Stumbaugh On the passage of the bill, the yeas were 39, nays 14. The bill, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsor: Senator Fuller of the 52nd. 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 441 (LC 7 7171) Superior Court Judges Retirement System This bill would allow members of the Superior Court Judges Retirement System to obtain creditable service for service as a judge of a state court (after December 31, 1976) while a member of the Trial Judges and Solicitors Retirement Fund. Provisions within the bill also address the contribution and interest payment requirements; the transfer of funds and the payment of withdrawn contributions from the Trial Judges and Solicitors Retire ment Fund; and the application to the board of trustees to obtain creditable service. If enacted, this bill would become effective July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Standards Law. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. A) The impact on the Superior Court Judges Retirement System would be: 1710 JOURNAL OF THE SENATE (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. $ 154,000 (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). 12.0% (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-- B) The impact on the Trial Judges and Solicitors Retirement Fund would be: (1) The amount of unfunded actuarial accrued liability which will result from the bill. $ Negligible (2) The amount of annual normal cost which will result from the bill. $ Negligible (3) The employer contribution rate currently in effect. 9.03% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 9.03% (5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ Negligible It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Is/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker WEDNESDAY, FEBRUARY 28, 1990 1711 Those not voting were Senators: Fincher Langford Phillips Shumake Stumbaugh On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 of military service under the Employees' Retirement System of Georgia, so as to authorize creditable service 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 federal service. 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 695 (LC 7 7428S) Employees, Retirement System This bill would allow members of the "old" Employees' Retirement System (members prior to July 1, 1982) to obtain up to a maximum of five years of creditable service for active duty (after January 1, 1954 through May 7, 1975) in the United States armed forces as a member of a National Guard unit which was called into federal service. To obtain such creditable service, a member would be required to pay the employee contributions plus in terest as described in other subsections of this section of the code. The bill also provides for other criteria which must be met in order to obtain the creditable service and restrictions as to the use of such creditable service. If enacted, this bill would become effective July 1, 1990, provided it is determined to have been concurrently funded as provided in the Public Retirement Systems Standards Law. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will result from the bill. $ 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% 1712 JOURNAL OF THE SENATE (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. On the passage of the 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 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 Tate Timmons Turner Tysinger Walker Those not voting were Senators: Gillis Langford Shumake Stumbaugh Taylor On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991. Senate Sponsor: Senator Starr of the 44th. The Senate Committee on Appropriations offered the following substitute to HB 1314: A BILL To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991; to make and provide such appropriations WEDNESDAY, FEBRUARY 28, 1990 1713 for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $7,785,000,000 for State Fis cal Year 1991. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch. ................................... $22,399,000 Personal Services--Staff ......................................... $10,773,481 Personal Services--Elected Officials ....................................................... $3,582,551 Regular Operating Expenses....................................... $2,535,415 Travel--Staff ...................................................... $103,500 Travel--Elected Officials .............................................. $3,500 Capital Outlay ...................................................... $25,000 Equipment ........................................................ $192,000 Computer Charges ................................................. $375,500 Real Estate Rentals ................................................. $65,100 Telecommunications ................................................ $670,000 Per Diem, Fees and Contracts-- Staff ............................................................ $245,179 Per Diem, Fees and Contracts-- Elected Officials................................................ $2,684,202 Photography ........................................................ $68,000 Expense Reimbursement Account............................... $1,132,800 Austerity Factor .................................................. $(57,228) Total Funds Budgeted ........................................... $22,399,000 State Funds Budgeted ........................................... $22,399,000 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,187,757 $ 4,187,757 Lt. Governor's Office $ 598,169 $ 598,169 Secretary of the Senate's Office $ 1,092,479 $ 1,092,479 Total $ 5,878,405 $ 5,878,405 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,454,318 $ 8,454,318 Speaker of the House's Office $ 439,323 $ 439,323 Clerk of the House's Office $ 1,098,584 $ 1,098,584 Total $ 9,992,225 $ 9,992,225 1714 JOURNAL OF THE SENATE Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total Joint Functional Budgets Total Funds $ 2,209,811 $ 2,095,854 $ 849,417 $ 1,373,288 $ 6,528,370 State Funds $ 2,209,811 $ 2,095,854 $ 849,417 $ 1,373,288 $ 6,528,370 For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legis lative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $15,501,251 Operations Budget: Personal Services................................................ $12,845,653 Regular Operating Expenses......................................... $372,246 Travel ............................................................ $800,289 Motor Vehicle Purchases............................................ $117,000 Equipment ......................................................... $81,500 Per Diem, Fees and Contracts ........................................ $32,500 Real Estate Rentals ................................................ $812,014 Computer Charges ................................................. $400,986 WEDNESDAY, FEBRUARY 28, 1990 1715 Telecommunications ................................................. $91,575 Austerity Factor .................................................. $(52,512) Total Funds Budgeted ........................................... $15,501,251 State Funds Budgeted ........................................... $15,501,251 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,543,359 Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,636,834 Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $40,879,772 Operation of the Courts ......................................... $38,919,642 Prosecuting Attorneys' Council ...................................... $839,406 Sentence Review Panel ............................................. $148,086 Council of Superior Court Judges ..................................................... $85,219 Judicial Administrative Districts......................................................... $872,419 Habeas Corpus Clerk ................................................ $15,000 Total Funds Budgeted ........................................... $40,879,772 State Funds Budgeted ........................................... $40,879,772 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $777,311 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education............................................... $596,170 Institute's Operations............................................... $463,140 Georgia Magistrate Courts Training Council ................................................. $133,030 Total Funds Budgeted .............................................. $596,170 State Funds Budgeted .............................................. $596,170 Section 8. Judicial Council. Budget Unit: Judicial Council....................................... $1,850,596 Council Operations ................................................. $779,927 Payments to Judicial Administrative Districts for Case Counting .................................................... $76,500 Board of Court Reporting ............................................ $35,047 Payment to Council for Magistrate Court Judges ..................................................... $26,000 Payment to Council for Probate Court Judges ..................................................... $20,000 Payment to Council for State Court Judges ..................................................... $12,000 Payment to Resource Center ........................................ $240,000 Payment to Computerized Information Network ............................................. $661,122 Total Funds Budgeted ............................................ $1,850,596 State Funds Budgeted ............................................ $1,850,596 1716 JOURNAL OF THE SENATE Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ..................................................... $122,834 Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council......................................................... $999,863 Grants ............................................................ $950,000 Operations.......................................................... $49,863 Total Funds Budgeted .............................................. $999,863 State Funds Budgeted ............................................. $999,863 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services......................................... $28,123,869 Administration and Services Budget: Personal Services. ............................................... $47,791,267 Regular Operating Expenses...................................... $10,738,162 Travel ............................................................ $334,800 Motor Vehicle Purchases............................................ $434,500 Equipment ...................................................... $2,098,658 Computer Charges ............................................... $9,504,645 Real Estate Rentals .............................................. $3,464,210 Telecommunications .............................................. $1,303,480 Per Diem, Fees and Contracts ........................................ $476,800 Rents and Maintenance Expense ................................ $13,044,200 Utilities ............................................................ $37,900 Payments to DOAS Fiscal Administration ................................................. $2,000,000 Direct Payments to Georgia Building Authority for Capital Outlay................................................. $--0-- Direct Payments to Georgia Building Authority for Operations..................................................... $3,000,000 Telephone Billings .............................................. $38,345,900 Materials for Resale ..................................... $14,600,000 Public Safety Officers Indemnity Fund .............................................. $608,800 Health Planning Review Board Operations........................................................ $40,000 Georgia Golf Hall of Fame Operations..................................................... $25,000 Authorities Liability Reserve Fund ..................................................... $--0-- Grants to Counties ............................................... $2,600,000 Grants to Municipalities .......................................... $4,200,000 Austerity Factor .................................................. $(31,431) Total Funds Budgeted .......................................... $154,616,891 State Funds Budgeted ........................................... $28,123,869 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 441,163 $ 441,163 Departmental Administration $ 5,516,648 $ 5,485,447 WEDNESDAY, FEBRUARY 28, 1990 1717 Treasury and Fiscal Administration Central Supply Administration linistration General Services Administration Space Managemenit Administration iervices Motor Vehicle Serrvviices Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management, Services Total $ 17,502,984 $ 15,502,984 $ 14,426,170 $ $ 3,052,371 $ -- 0-- 3,052,371 $ 698,255 $ _0-- $ 591,904 $ 591,904 $ 48,575,826 $ 3,050,000 $ 4,095,311 $ -- 0-- $ 48,334,191 $ --0-- $ 6,824,156 $ -- 0-- $ 1,682,060 $ --0-- $ 969,684 $ -- 0-- $ 1,906,168 $ -- 0-- $ 154,616,891 $ 28,123,869 B. Budget L(nit: Georgia Building Authority ......... $--0- Georgia Bu:ilding Authority Budget: Personal !Services ........................................... ..... $20,994,647 Regular C)perating Expenses ................................. ..... $5,300,403 Travel .. .... $26,794 Motor Veihicle Purchases .................................... ........ $294,000 Equipmenit ................................................ ........ $278,750 Computer, Charges ................................................... $52,434 Real Estaite Rentals ....................................... .......... $17,357 Telecommliunications ....................................... ......... $130,456 Per Diem.,, Fees and Contracts ............................... ...... $146,000 Capital Ouutlay ............................................ ..... $10,200,000 Utilities .. . $8,166,638 Contra' lal Expense ...................................... ......... $230,422 Fuel .. .... $--0-- Faciliti Renovations and ! pairs ............................................ .......... $--0-- Total I ids Budgeted ..................................... ...... $45,837,901 State F ids Budgeted ................................... . . . . $--0-- Georgia Building Authority Functional Budgets Grounds Total Funds $ 2,054,174 State Funds $ -- 0-- Custodial $ 5,237,770 $ -- 0-- Maintenance $ 4,926,970 $ -- 0-- Security $ 5,431,564 $ -- 0-- Van Pool $ 362,581 $ -0-- Sales $ 5,511,956 $ -0-- Administration Railroad Excursioinns $ 21,226,750 $ $ 1,086,136 $ -0-- -0- 1718 JOURNAL OF THE SENATE Facility Renovations Total $ --0-- $ $ 45,837,901 $ --0-- --0-- Section 12. Agency for the Removal of Hazardous Materials Budget Unit: Agency for the Removal of Hazardous Materials ............................................. $115,116 Operations Budget: Personal Services................................................. $3,483,491 Regular Operating Expenses....................................... $2,829,996 Travel ............................................................ $460,800 Motor Vehicle Purchases............................................ $155,245 Equipment ........................................................ $199,200 Computer Charges ................................................... $1,000 Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $20,000 Per Diem, Fees and Contracts ....................................... $500,000 Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0-- Austerity Factor ..................................................... $(191) Total Funds Budgeted ............................................ $7,649,541 State Funds Budgeted .............................................. $115,116 Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .................................................... $35,953,832 State Operations Budget: Personal Services................................................ $30,759,491 Regular Operating Expenses....................................... $3,671,245 Travel ............................................................ $930,524 Motor Vehicle Purchases............................................ $576,608 Equipment ........................................................ $210,500 Computer Charges ................................................. $520,676 Real Estate Rentals ................................................ $731,153 Telecommunications ................................................ $415,000 Per Diem, Fees and Contracts ....................................... $306,275 Market Bulletin Postage ............................................ $700,000 Payments to Athens and Tifton Veterinary Laboratories ......................................... $2,471,459 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ..................................................... $2,080,793 Veterinary Fees .................................................... $547,000 Indemnities......................................................... $91,000 Bee Indemnities..................................................... $40,000 Advertising Contract ............................................... $205,000 Payments to Georgia Agrirama Development Authority for Operations....................................................... $596,585 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ........................................ $400,000 Capital Outlay ...................................................... $--0-- Contract--Federation of Southern Cooperatives ............................................. $60,000 Tick Control Program ............................................... $50,000 WEDNESDAY, FEBRUARY 28, 1990 1719 Poultry Indemnities Austerity Factor ... i'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. i Total Funds Budgeted State Funds Budgeted . lent of Agriculture Functional Budgets Total Funds Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total $ 5,046,474 $ 7,283,545 $ 2,026,940 $ 3,844,076 $ 4,699,316 $ 1,545,422 $ 3,119,544 $ 6,364,055 $ 4,250,648 $ 4,549,771 $ 417,045 $ 2,159,636 $ 45,306,472 . $50,000 .. $(106,837) $45,306,472 . $35,953,832 State Funds $ 4,697,474 $ 6,974,545 $ 1,982,136 $ 3,844,076 $ 4,631,519 $ 1,545,422 $ 3,103,957 $ 4,785,344 $ 1,574,857 $ 929,821 $ -- 0-- $ 1,884,681 $ 35,953,832 B. Budget Unit: Georg Agrirama Development Authorit;yv ...................... . $--0-- Georgia Agrirama Development Authority Budget: Personal Services................................................... $672,915 Regular Operating Expenses......................................... $158,948 Travel .............................................................. $4,750 Motor Vehicle Purchases.............................................. $27,000 Equipment ......................................................... $13,178 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $9,248 Per Diem, Fees and Contracts........................................ $43,038 Capital Outlay ..................................................... $312,852 Goods for Resale .................................................... $95,000 Total Funds Budgeted ............................................ $1,336,929 State Funds Budgeted ............................................... $--0--- Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .............................................. $6,749,505 Administration and Examination Budget: Personal Services................................................ $5,597,979 Regular Operating Expenses......................................... $264,344 Travel ............................................................ $309,368 Motor Vehicle Purchases............................................ $175,581 Equipment ......................................................... $20,100 Computer Charges ................................................. $116,628 Real Estate Rentals ................................................ $232,000 Telecommunications ................................................. $53,000 Per Diem, Fees and Contracts ......................................... $2,000 1720 JOURNAL OF THE SENATE Austerity Factor .................................................. $(21,495) Total Funds Budgeted ............................................ $6,749,505 State Funds Budgeted ............................................ $6,749,505 Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs ........................................... $17,382,942 State Operations Budget: Personal Services. ................................................ $5,893,224 Regular Operating Expenses......................................... $283,005 Travel ............................................................ $198,900 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $20,560 Computer Charges ................................................. $163,509 Real Estate Rentals ................................................ $482,916 Telecommunications ................................................. $59,750 Per Diem, Fees and Contracts ....................................... $192,000 Capital Felony Expenses ............................................. $50,000 Contracts with Regional Development Commissions ...................................... $2,625,000 Local Assistance Grants .......................................... $1,673,000 Appalachian Regional Commission Assessment ...................................................... $140,322 Community Development Block Grants (Federal) .............................................. $30,000,000 Music Hall of Fame ................................................. $50,000 Local Development Fund ......................................... $1,550,000 Payment to Georgia Residential Finance Authority.............................................. $5,000,000 Payment to Georgia Environmental Facilities Authority for Operations....................................................... $477,040 Austerity Factor .................................................. $(19,829) Total Funds Budgeted ........................................... $48,839,397 State Funds Budgeted ........................................... $17,382,942 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 1,021,288 $ 993,788 Technical Assistance $ 1,531,484 $ 1,356,295 Financial Assistance $ 43,442,478 $ 12,363,423 Rural Development $ 1,197,744 $ 1,157,744 Coordinated Planning $ 1,646,403 $ 1,511,692 Total $ 48,839,397 $ 17,382,942 Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ........................ Personal Services. ...................... Regular Operating Expenses............. Travel ................................ Motor Vehicle Purchases................ Equipment ............................ Computer Charges ..................... Real Estate Rentals .................... $456,608,974 $320,532,000 . $42,472,200 .. $1,962,500 . . $4,169,000 . $11,030,000 . . $2,780,000 .. $3,918,000 WEDNESDAY, FEBRUARY 28, 1990 1721 Telecommunications .............................................. $3,716,000 Per Diem, Fees and Contracts ..................................... $2,198,000 Capital Outlay ..................................................... $750,000 Utilities ........................................................ $12,340,000 Court Costs........................................................ $400,000 County Subsidy ................................................. $13,443,000 County Subsidy for Jails ......................................... $10,668,000 County Workcamp Construction Grants ........................................................... $--0-- Grants for Local Jails ............................................... $--0-- Central Repair Fund ............................................... $825,000 Payments to Central State Hospital for Meals ............................................. $3,552,000 Payments to Central State Hospital for Utilities ........................................... $1,376,000 Payments to Public Safety for Meals........................................................ $438,000 Inmate Release Fund ............................................. $1,200,000 Health Services Purchases ....................................... $20,543,300 Payments to MAG for Health Care Certification ....................... $50,000 University of Georgia-- Cooperative Extension Service Contracts ................................................ $325,000 Minor Construction Fund ......................................... $5,000,000 Authority Lease Rentals ............................................ $200,000 Grants for Independent Probation Systems ......................................................... $500,000 Austerity Factor ................................................. $(724,026) Total Funds Budgeted .......................................... $463,663,974 Indirect DOAS Funding ............................................. $--0-- Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted ....................................... $456,608,974 Departmental Functional Budgets Total Funds State Funds Administration $ 53,026,978 $ 52,978,978 Institutions and Support $ 330,653,556 $ 330,306,556 Probation $ 79,983,440 $ 73,323,440 Total $ 463,663,974 $ 456,608,974 B. Budget Unit: Board of Pardons and Paroles ..................................................... $36,895,002 Board of Pardons and Paroles Budget: Personal Services................................................ $27,901,000 Regular Operating Expenses....................................... $1,142,000 Travel ............................................................ $966,000 Motor Vehicle Purchases............................................ $332,500 Equipment ........................................................ $409,000 Computer Charges ................................................. $639,000 Real Estate Rentals .............................................. $1,995,000 Telecommunications .............................................. $1,087,000 Per Diem, Fees and Contracts ..................................... $1,285,000 County Jail Subsidy .............................................. $1,133,000 Health Services Purchases .......................................... $100,000 Austerity Factor .................................................. $(94,498) Total Funds Budgeted ........................................... $36,895,002 State Funds Budgeted ........................................... $36,895,002 1722 JOURNAL OF THE SENATE Section 17. Department of Defense. Budget Unit: Department of Defense ................................ $5,452,127 Operations Budget: Personal Services. ................................................ $8,722,499 Regular Operating Expenses....................................... $4,496,168 Travel ............................................................. $79,182 Motor Vehicle Purchases............................................. $31,775 Equipment ......................................................... $56,500 Computer Charges .................................................. $32,125 Real Estate Rentals .................................................. $6,260 Telecommunications ................................................ $154,922 Per Diem, Fees and Contracts ....................................... $209,835 Grants to Locals--Emergency Management Assistance......................................... $1,044,200 Grants--Others ..................................................... $51,000 Civil Air Patrol Contract. ............................................ $42,000 Capital Outlay ...................................................... $--0-- Repairs and Renovations............................................ $100,000 Austerity Factor .................................................. $(14,332) Total Funds Budgeted ........................................... $15,012,134 State Funds Budgeted ............................................ $5,452,127 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,428,882 $ 1,345,079 Georgia Emergency Management Agency $ 3,343,688 $ 1,046,994 Georgia Air National Guard $ 3,889,500 $ 552,214 Georgia Army National Guard $ 6,350,064 $ 2,507,840 Total $ 15,012,134 $ 5,452,127 Section 18. State Board of Education-- Department of Education. Budget Unit: Department of Education ........................... $2,754,905,650 Operations: Personal Services................................................ $42,470,945 Regular Operating Expenses....................................... $5,063,048 Travel .......................................................... $1,357,669 Motor Vehicle Purchases............................................. $94,000 Equipment ........................................................ $570,070 Computer Charges ............................................... $6,358,408 Real Estate Rentals .............................................. $2,270,533 Telecommunications .............................................. $1,522,540 Per Diem, Fees and Contracts .................................... $20,579,467 Utilities ........................................................... $769,704 Capital Outlay ...................................................... $--0-- QBE Formula Grants: Kindergarten/Grades 1--3 ...................................... $664,790,104 Grades 4--8 ................................................... $573,829,139 Grades 9--12 .................................................. $264,280,263 High School Laboratories ........................................ $85,765,806 Vocational Education Laboratories .................................................. $84,673,975 WEDNESDAY, FEBRUARY 28, 1990 1723 Special Education .............................................. $205,216,284 Gifted.......................................................... $27,892,452 Remedial Education ............................................. $48,703,644 Staff Development ............................................... $7,264,367 Professional Development........................................ $19,008,461 Media......................................................... $107,615,329 Indirect Cost .................................................. $585,454,351 Pupil Transportation ........................................... $115,362,396 Local Fair Share .............................................. $(517,248,380) Other Categorical Grants: Equalization Formula........................................... $143,766,119 Sparsity Grants .................................................. $3,635,563 In School Suspension ............................................ $13,240,549 Special Instructional Assistance................................... $23,660,574 Middle School Incentive ......................................... $26,591,059 Special Education LowIncidence Grants ................................................. $100,000 Non-QBE Grants: Education of Children of LowIncome Families .............................................. $94,501,492 Retirement (H.B. 272 and H.B. 1321)....................................... $2,700,000 Instructional Services for the Handicapped .............................................. $23,177,937 Removal of Architectural Barriers .......................................................... $--0-- Tuition for the Multi-Handicapped............................................. $2,300,000 Severely Emotionally Disturbed .................................. $34,165,937 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $24,064,661 Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification ............................................. $6,960,791 Regional Education Service Agencies ............................................... $6,468,884 Georgia Learning Resources System ........................................................ $2,278,200 High School Program ............................................ $13,148,706 Special Education in State Institutions .............................................. $3,560,399 Governor's Scholarships........................................... $1,140,743 Special Projects ..................................................... $--0-- Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ...................................................... $366,540 Salaries and Travel of Public Librarians. .............................................. $9,888,505 Public Library Materials .......................................... $4,700,350 Talking Book Centers .............................................. $834,085 Public Library M&O...... ...................................... $3,777,271 Grants to Local School Systems for Educational Purposes .......................................... $--0-- Child Care Lunch Program (Federal)............................................. $16,787,825 1724 JOURNAL OF THE SENATE Chapter II--Block Grant Flow Through ................................................ $10,026,258 Payment of Federal Funds to Board of Technical and Adult Education .................................................... $11,701,897 Innovative Programs.............................................. $2,453,089 Technology Grants ............................................... $1,000,000 Limited English-Speaking Students Program .............................................. $3,959,076 Drug Free School (Federal) ....................................... $2,700,000 Transition Program for Refugees .................................... $100,000 Emergency Immigrant Education Program......................................................... $100,000 Title II Math/Science Grant (Federal) ........................................................ $345,900 Robert C. Byrd Scholarship (Federal) ....................................................... $154,000 QBE Weights Adjustment........................................ $28,335,344 Health Insurance--Non-Cert. Personnel and Retired Teachers ................................ $59,583,875 Pre-School Handicapped Program ................................. $1,360,000 Mentor Teachers ................................................... $375,000 Middle School Counselors ......................................... $5,100,000 Austerity Factor ................................................. $(135,722) Total Funds Budgeted ......................................... $3,059,120,951 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted ......................................... $2,754,905,650 Education Functional Budgets Total Funds State Funds State Administration $ 12,638,609 $ 12,054,240 Instructional Programs $ 17,724,160 $ 9,507,447 Governor's Honors Program $ 1,120,033 $ 1,079,274 Administrative Services $ 10,675,561 $ 6,891,914 Evaluation and Personnel Development $ 16,826,058 $ 16,430,402 Special Services $ 4,620,064 $ 3,216,271 Professional Standards Commission $ 361,279 $ 361,279 Professional Practices Commission $ 634,158 $ 634,158 Local Programs $ 2,978,200,289 $ 2,689,375,750 Georgia Academy for the Blind $ 4,482,008 $ 4,263,454 Georgia School for the Deaf $ 6,898,494 $ 6,609,706 Atlanta Area School for the Deaf $ 4,940,238 $ 4,481,755 Total $ 3,059,120,951 $ 2,754,905,650 Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................ $--0-- WEDNESDAY, FEBRUARY 28, 1990 1725 Employees' Retirement System Budget: Personal Services................................................. $1,300,000 Regular Operating Expenses......................................... $160,000 Travel ............................................................. $14,000 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $7,000 Computer Charges ................................................. $290,000 Real Estate Rentals ................................................ $191,000 Telecommunications ................................................. $35,000 Per Diem, Fees and Contracts ....................................... $699,000 Benefits to Retirees ................................................. $--0-- Employer Contribution .............................................. $--0-- Total Funds Budgeted ............................................ $2,696,000 State Funds Budgeted ............................................... $--0-- Section 20. Forestry Commission. Budget Unit: Forestry Commission ................................. $36,525,545 State Operations Budget: Personal Services................................................ $29,442,917 Regular Operating Expenses....................................... $6,636,543 Travel ............................................................ $174,520 Motor Vehicle Purchases......................................... $1,125,324 Equipment ...................................................... $1,951,492 Computer Charges .................................................. $96,083 Real Estate Rentals ................................................. $40,224 Telecommunications ................................................ $995,304 Per Diem, Fees and Contracts ....................................... $554,485 Contractual Research ............................................... $310,000 Payments to the University of Georgia, School of Forestry for Forest Research ............................................... $--0-- Ware County Grant for Southern Forest World ..................................................... $30,000 Ware County Grant for Road Maintenance...................................................... $60,000 Wood Energy Program .............................................. $--0-- Capital Outlay .................................................. $300,000 Austerity Factor ................................................. $(111,654) Total Funds Budgeted ........................................... $41,605,238 State Funds Budgeted ........................................... $36,525,545 ] Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 4,793,402 $ 2,147,402 Field Services $ 34,245,466 $ 31,811,773 Wood Energy $ --0-- $ ---0-- General Administration and Support $ 2,566,370 $ 2,566,370 Total $ 41,605,238 $ 36,525,545 Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ................................................. $38,911,354 Operations Budget: Personal Services. ............................................... $26,776,159 Regular Operating Expenses....................................... $2,620,255 Travel ............................................................ $750,863 1726 JOURNAL OF THE SENATE Motor Vehicle Purchases.......................................... $1,517,925 Equipment ........................................................ $886,804 Computer Charges ............................................... $1,029,431 Real Estate Rentals .............................................. $1,798,120 Telecommunications............................................ $2,108,019 Per Diem, Fees and Contracts ....................................... $380,286 Evidence Purchased ............................................ $1,113,000 Capital Outlay ...................................................... $28,780 Austerity Factor .................................................. $(98,288) Total Funds Budgeted ........................................... $38,911,354 Total State Funds Budgeted ..................................... $38,911,354 Georgia Bureau of Investigation Functional Budgets Administration Drug Enforcement Investigative Georgia Crime Information Center Forensic Sciences Total Total Funds $ 3,173,340 $ 9,694,375 $ 11,567,555 $ 7,025,183 $ 7,450,901 $ 38,911,354 State Funds $ 3,173,340 $ 9,694,375 $ 11,567,555 $ 7,025,183 $ 7,450,901 $ 38,911,354 Section 22. Office of the Governor. Budget Unit: Office of the Governor ................................ $21,394,323 Personal Services. ................................................ $9,718,202 Regular Operating Expenses......................................... $480,101 Travel ............................................................ $185,053 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $70,866 Computer Charges ................................................. $308,890 Real Estate Rentals ................................................ $781,760 Telecommunications ................................................ $218,996 Per Diem, Fees and Contracts .................................... $32,796,755 Cost of Operations ............................................... $2,955,315 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $2,500,000 Intern Stipends and Travel ......................................... $162,000 Art Grants of State Funds ........................................ $3,000,000 Art Grants of Non-State Funds...................................... $325,910 Humanities Grant--State Funds ...................................... $50,000 Art Acquisitions--State Funds ....................................... $40,000 Children's Trust Fund Grants ..................................... $1,179,130 Children and Youth Grants ......................................... $100,000 Juvenile Justice Grants ........................................... $1,358,936 Payments to Hazardous Waste Management Authority ........................................... $200,000 Transition Fund .................................................... $50,000 Austerity Factor .................................................. $(34,041) Total Funds Budgeted ........................................... $56,487,873 State Funds Budgeted ........................................... $21,394,323 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 5,707,315 $ 5,707,315 WEDNESDAY, FEBRUARY 28, 1990 1727 Office of Fair Employment Practices Office of Planning and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education Advisory Council Office of Consumers' Utility Council Criminal Justice Coordinating Council Juvenile Justice Coordinating Council Commission on Children and Youth Growth Strategies Commission Human Relations Commission Total 918,479 $ 5,094,014 $ 4,093,510 $ 2,188,560 $ 33,259,251 $ 838,479 5,094,014 3,574,510 2,188,560 381,007 $ 168,176 $ 56,487,873 168,176 21,394,323 Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations ................................................... $522,859,217 1. General Administration and Support Budget: Personal Services................................................ $66,785,291 Regular Operating Expenses....................................... $3,919,846 Travel .......................................................... $1,808,450 Motor Vehicle Purchases .......................................... $935,174 Equipment ........................................................ $190,389 Computer Charges ............................................... $3,122,641 Real Estate Rentals .............................................. $5,823,382 Telecommunications .............................................. $1,393,628 Per Diem, Fees and Contracts ..................................... $3,575,241 Utilities ........................................................... $390,975 Postage ......................................................... $1,517,080 Capital Outlay ...........................:.......................... $--0-- Institutional Repairs and Maintenance ..................................................... $200,000 Payments to DMA- Community Care .............................................. $10,152,954 Service Benefits for Children ..................................... $13,382,850 Special Purpose Contracts ...................................... $258,000 Purchase of Service Contracts .................................... $36,175,037 Austerity Factor ................................................ $(127,993) Total Funds Budgeted .......................................... $149,502,945 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted ........................................... $69,544,686 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 811,800 $ 811,800 1728 JOURNAL OF THE SENATE Administrative Appeals Administrative Policy, Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Regulatory Services-- Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total 2. Public Health Budget: Personal Services ................... Regular Operating Expenses ......... Travel ............................ Motor Vehicle Purchases ........... Equipment ........................ Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ....... Utilities ........................... Postage ........................... CrioDled Children Clinics ..... $ 1,883,845 $ 1,883,845 $ 345,596 $ 345,596 $ 1,840,784 $ 1,840,784 $ --0-- $ (7,006,985) $ 5,344,323 $ 3,833,990 $ 601,220 $ 601,220 $ 913,889 $ 913,889 $ 1,757,290 $ 1,757,290 $ 5,597,997 $ 5,597,997 $ 2,154,722 $ 2,154,722 $ 543,500 $ 543,500 $ 13,382,850 $ 12,795,132 $ 543,955 $ 152,300 $ 8,893,046 $ -- 0-- $ 735,083 $ 725,083 $ 2,589,792 $ 2,589,792 $ 810,275 $ 476,972 $ 6,415,381 $ 1,778,486 $ 466,781 $ 466,781 $ 881,571 $ 664,481 $ 5,956,637 $ 124,620 $ 31,300,408 $ 5,083,247 $ 13,505,858 $ 12,698,792 $ 40,802,702 $ 17,340,712 $ 1,423,640 $ 1,370,640 $ 149,502,945 $ 69,544,686 . . $51,087,039 . . . . $60,069,521 ... $1,271,249 ....... $--0-- $165,937 ...... $609,634 . . . . $1,122,557 ...... $783,559 $3,671,442 ....... $--0-- ....... $115,370 ....... $640,000 WEDNESDAY, FEBRUARY 28, 1990 1729 Grants for Regional Intensive Infant Care ......... Grants for Regional Maternal and Infant Care .... Crippled Children Benefits ........ Kidney Disease Benefits .......... Cancer Control Benefits .......... Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .................. Family Planning Benefits ......... Grant-In-Aid to Counties ......... Purchase of Service Contracts ..... Special Purpose Contracts ........ Austerity Factor ................. Total Funds Budgeted............ Indirect DOAS Services Funding . State Funds Budgeted ............ Public Health Functional Budgets Total Funds Director's Office $ 889,399 Employees' Health Health Program Management $ 390,453 1,335,275 Vital Records 1,882,070 Health Services Research 1,063,937 Primary Health Care 1,043,083 Stroke and Heart Attack Prevention 2,038,352 Epidemiology 1,538,351 Immunization 608,496 Sexually Transmitted Diseases 1,610,469 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 $ 1,705,601 $ 12,789,944 $ 10,618,174 $ 3,189,944 $ 10,519,558 $ 60,669,402 $ 1,845,012 $ 12,373,994 $ 1,408,276 $ 699,136 $ 4,076,787 $ 1,022,813 $ 5,408,408 $ 3,038,111 $4,936,795 $2,055,000 $7,600,000 . $415,000 $2,837,470 . $2,358,000 .... $520,790 $70,664,239 . $12,989,426 . $6,417,887 . . $(480,203) $229,850,712 ..... $--0-- $135,522,094 State Funds 889,399 325,453 1,250,275 1,714,013 1,063,937 968,496 $ 1,508,352 $ 964,148 $ _0_ $ 326,687 1,552,057 6,702,379 9,391,483 1,089,489 6,486,318 --0-- 1,634,837 10,131,024 1,408,276 699,136 3,960,929 534,041 5,288,408 1,977,611 1730 JOURNAL OF THE SENATE District Health Administration Newborn Follow-Up Care Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Grant in Aid to Counties Community Health Management Community Care Aids Total 3. Rehabilitation Services Budget: Personal Services. .............. Regular Operating Expenses..... Travel ........................ Motor Vehicle Purchases........ Equipment .................... Computer Charges ............. Real Estate Rentals ............ Telecommunications ............ Per Diem, Fees and Contracts ... Utilities ....................... Capital Outlay ................. $ 10,755,099 $ 974,134 3,670,500 4,624,942 57,885,350 514,797 3,172,060 6,488,785 229,850,712 Institutional Repairs and Maintenance....................................... Case Services ............................................ E.S.R.P. Case Services.................................... Special Purpose Contracts ..................... Purchase of Services Contracts ............................ Austerity Factor ......................................... Total Funds Budgeted .................................... Indirect DOAS Services Funding .......................... State Funds Budgeted .................................... Rehabilitation Services Functional Budgets Program Direction and Support Total Funds $ 4,091,824 Grants Management $ 1,027,401 State Rehabilitation Facilities Roosevelt Warm Springs Institute Georgia Factory for the Blind $ 7,704,103 $ 18,476,849 13,091,044 Disability Adjudication 24,752,004 Production Workshop 812,694 District Field Services 36,933,437 10,755,099 775,783 $ 3,164,940 4,624,942 50,949,101 431,665 1,256,060 3,697,756 135,522,094 $67,090,176 . $9,860,836 . . . $817,417 .... $40,275 $328,814 . $1,950,090 . $3,169,604 . $1,434,453 . $4,502,068 . . . $977,500 .... $--0-- . . . $425,050 .... $234,000 . $16,400,000 ..... $52,000 .... $939,000 . . $7,350,000 . . $(44,968) $115,526,315 ..... $--0-- . $25,342,230 State Funds 1,307,286 876,197 $ 1,559,975 $ 5,201,754 745,339 --0-- --0-- 7,985,015 WEDNESDAY, FEBRUARY 28, 1990 1731 Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total 520,340 1,478,519 6,205,550 432,550 115,526,315 315,340 713,224 6,205,550 432,550 25,342,230 4. Family and Children Services Budget: Personal Services................................................ $15,319,718 Regular Operating Expenses....................................... $1,495,718 Travel ............................................................ $401,331 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $82,091 Computer Charges .............................................. $15,605,189 Real Estate Rentals ................................................ $234,908 Telecommunications .............................................. $1,318,156 Per Diem, Fees and Contracts ..................................... $5,816,986 Utilities ............................................................. $9,373 Postage ......................................................... $1,587,359 Cash Benefits .................................................. $347,805,997 Grants to County DFACS-- Operations................................................... $220,288,485 Service Benefits for Children ..................................... $49,910,685 Special Purpose Contracts ........................................ $3,592,550 Purchase of Service Contracts ..................................... $2,306,200 Austerity Factor ................................................. $(623,139) Total Funds Budgeted .......................................... $665,151,607 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted .......................................... $292,450,207 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,398,919 $ --0-- AFDC Payments $ 337,209,978 $ 129,738,948 SSI--Supplemental Benefits $ 100 $ 100 Energy Benefits $ 10,051,000 $ --0-- County DFACS OperationsSocial Services $ 63,344,375 $ 15,738,636 County DFACS OperationsEligibility $ 95,849,856 $ 47,905,759 County DFACS OperationsJoint and Administration $ 51,160,467 $ 25,195,838 County DFACS Operations-- Homemakers Services $ 7,070,286 $ 7,070,286 Food Stamp Issuance $ 2,512,000 $ --0-- Director's Office $ 853,678 $ 853,678 Administrative Support $ 4,543,993 $ 3,741,700 Regional Administration $ 4,172,227 $ 4,172,227 Public Assistance $ 4,803,149 $ 2,285,510 Management Information Systems $ 18,573,984 $ 9,947,599 1732 JOURNAL OF THE SENATE Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management--Contracts Outreach--Contracts Special Projects Program Support County DFACS Operations-- Employability Program Total Budget Unit Object Classes: Personal Services. .................. Regular Operating Expenses........ Travel ........................... Motor Vehicle Purchases........... Equipment ........................ Computer Charges ................ Real Estate Rentals ................ Telecommunications ............... Per Diem, Fees and Contracts .... Utilities .......................... Postage .......................... Capital Outlay .................... Grants for Regional Intensive Infant Care ............ Grants for Regional Maternal and Infant Care ........ Crippled Children Benefits ......... Crippled Children Clinics ......... Kidney Disease Benefits ....:...... Cancer Control Benefits ........ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ................... Family Planning Benefits .......... Grant-In-Aid to Counties .......... Payments to DMA-Community Care Service Benefits for Children ....... Case Services ..................... E.S.R.P. Case Services ............. Cash Benefits ..................... Grants for County DFACS-- Operations...................... Institutional Repairs and Maintenance................ 3,032,266 2,427,505 2,000,000 23,098,678 3,255,404 1,382,106 4,398,292 15,865,300 154,200 776,500 1,207,050 3,461,793 2,548,501 665,151,607 $ 3,032,266 (6,979,557) $ 2,017,747 $ 2,000,000 $ 16,343,357 $ 2,806,000 $ 1,187,428 $ 2,832,797 $ 15,865,300 $ 154,200 $ 776,500 $ 1,184,595 $ 3,305,043 $ 1,274,250 $ 292,450,207 $200,282,224 . $75,345,921 . . $4,298,447 .... $975,449 .... $767,231 $21,287,554 . $10,350,451 $4,929,796 . $17,565,737 . . $1,377,848 . . $3,644,859 ..... $--0-- $4,936,795 $2,055,000 $7,600,000 $640,000 . . $415,000 $2,837,470 $2,358,000 ... $520,790 $70,664,239 $10,152,954 $63,293,535 . $16,400,000 . . . . . $52,000 $347,805,997 $220,288,485 $434,000 WEDNESDAY, FEBRUARY 28, 1990 1733 Special Purpose Contracts ....................................... $11,207,437 Purchase of Service Contracts .................................... $58,820,663 Austerity Factor ................................................ $(1,276,303) B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions .................................................... $517,058,790 Departmental Operations: Personal Services............................................... $405,197,149 Regular Operating Expenses...................................... $37,912,868 Travel .......................................................... $1,272,583 Motor Vehicle Purchases ........................................ $753,625 Equipment ...................................................... $3,994,342 Computer Charges ............................................ $4,994,492 Real Estate Rentals .............................................. $1,537,534 Telecommunications .............................................. $3,287,446 Per Diem, Fees and Contracts ..................................... $7,017,334 Utilities ........................................................ $13,835,528 Capital Outlay ...................................................... $--0-- Authority Lease Rentals .......................................... $1,734,166 Institutional Repairs and Maintenance ................................................... $2,211,320 Grants to County-Owned Detention Centers .............................................. $2,773,270 Substance Abuse Community Services ........................................... $43,122,295 Mental Retardation Community Services ........................................... $92,643,843 Mental Health Community Services ........................................... $18,379,466 Community Mental Health Center Services ............................................... $62,850,323 Special Purpose Contract ......................................... $1,495,600 Service Benefits for Children ...................................... $5,683,940 Purchase of Service Contracts ....................................... $613,000 Austerity Factor ................................................ $(1,400,400) Total Funds Budgeted .......................................... $709,909,724 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted .......................................... $517,058,790 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,427,121 $ 25,174,098 Georgia Retardation Center $ 32,409,363 $ 13,512,513 Georgia Mental Health Institute $ 30,652,916 $ 26,334,858 Georgia Regional Hospital at Augusta $ 23,198,145 $ 19,711,283 Northwest Regional Hospital at Rome $ 30,300,317 $ 22,653,158 Georgia Regional Hospital at Atlanta $ 32,292,144 $ 24,143,105 Central State Hospital $ 137,424,097 $ 90,002,340 1734 JOURNAL OF THE SENATE Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Georgia Regional Hospital Outdoor Therapeutic Program Mental Health Community Assistance Mental Retardation Community Assistance Developmental Disabilities Grant Day Care Centers for Mentally Retarded Supportive Living Georgia State Foster Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services $ 26,134,880 $ 22,188,968 $ 47,292,235 $ 23,913,652 $ 23,400,320 $ 18,814,626 $ 3,268,754 $ 2,418,103 $ 9,473,158 $ 9,389,828 $ 4,627,173 $ 3,046,422 $ 990,872 $ -- 0-- $ 69,963,585 $ 42,227,585 $ 17,999,593 $ 17,999,593 $ 667,658 $ 639,193 $ 487,756 $ 487,756 $ 1,581,694 $ 1,390,917 $ 62,636,022 $ 46,805,527 $ 403,103 $ 403,103 $ 1,629,592 $ 1,407,592 $ 297,101 $ 297,101 $ 336,518 $ 336,518 $ 3,757,781 $ 3,757,781 $ 17,188,954 $ 17,188,954 $ 78,438 $ $ 10,874,571 $ 78,438 8,360,857 $ 19,877,592 $ 19,387,592 $ 11,033,054 $ 10,645,201 $ 7,708,939 $ 7,633,496 $ 4,225,993 $ 4,101,270 $ 4,186,484 $ 3,741,756 $ 14,259,760 $ 14,259,760 $ 2,954,659 $ 2,954,659 $ 1,010,577 $ 1,010,577 $ 738,755 $ 738,755 $ 7,181,409 $ 6,181,409 WEDNESDAY, FEBRUARY 28, 1990 1735 Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Substance Abuse Residential Services Total $ 774,390 $ 442,417 $ 2,503,639 $ 3,218,195 $ 709,909,724 $ 774,390 $ 442,417 $ 2,503,639 $ --0-- $ 517,058,790 Section 24. Department of Industry and Trade. Budget Unit: Department of Industry and Trade ................................................... $18,090,947 State Operations Budget: Personal Services................................................. $7,748,933 Regular Operating Expenses....................................... $1,721,533 Travel ............................................................ $349,000 Motor Vehicle Purchases............................................. $34,880 Equipment ......................................................... $73,000 Computer Charges ................................................. $135,260 Real Estate Rentals ................................................ $649,340 Telecommunications ................................................ $260,000 Per Diem, Fees and Contracts ....................................... $300,650 Local Welcome Center Contracts .................................... $265,000 Advertising and Cooperative Advertising .................................................... $5,651,184 Georgia Ports Authority Authority Lease Rentals ........................................ $1,785,000 Historic Chattahoochee Commission Contract.............................................. $--0-- Georgia Council for International Visitors .............................................. $25,000 Waterway Development in Georgia .......................................................... $--0-- Georgia Music Week Promotion ...................................... $35,000 Georgia World Congress Center Operating Expenses ............................................... $--0-- Contract--Georgia Association of Broadcasters ................................................... $53,000 Southern Center for International Studies .............................................. $25,000 Capital Outlay ...................................................... $--0-- Austerity Factor .................................................. $(30,709) Total Funds Budgeted ........................................... $19,081,071 State Funds Budgeted ........................................... $18,090,947 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 5,642,430 $ 4,832,430 Economic Development $ 5,104,520 $ 4,944,520 Tourism $ 8,334,121 $ 8,313,997 Total $ 19,081,071 $ 18,090,947 1736 JOURNAL OF THE SENATE Section 25. 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 .. Austerity Factor ................... Total Funds Budgeted.............. State Funds Budgeted .............. Department of Insurance Functional Budgets Total Funds Internal Administration $ 2,146,696 Insurance Regulation $ 6,613,544 Industrial Loans Regulation $ 700,705 Fire Safety and Mobile Home Regulations Total $ 5,055,003 14,515,948 Section 26. Department of Labor. Budget Unit: Department of Labor State Operations: Personal Services............... Regular Operating Expenses..... Travel ........................ Motor Vehicle Purchases........ Equipment .................... Computer Charges ............ Real Estate Rentals ............ Telecommunications ............ Per Diem, Fees and Contracts (JTPA) ............ Per Diem, Fees and Contracts .. . W.I.N. Grants ................. Payments to State Treasury..... Capital Outlay ................. Austerity Factor ............... Total Funds Budgeted .......... State Funds Budgeted .......... Department of Labor Functional Budgets Total Funds Executive Offices $ 5,657,066 Administrative Services $ 18,295,535 Employment and Training Services $ 122,425,041 Total $ 146,377,642 $13,660,876 $11,774,373 . . . $563,361 . . . $751,170 .... $96,000 .... $64,183 . . . $480,405 . . $525,176 . . . $249,225 ... $51,600 .... $--0-- .. $(39,545) $14,515,948 $13,660,876 State Funds $ 2,146,696 $ 6,468,544 $ 700,705 $ 4,344,931 $ 13,660,876 ... $8,333,164 $63,975,800 . $5,381,433 . $1,021,174 .... $--0-- . . . $458,221 . $3,566,198 . $1,263,002 $1,415,647 . $64,634,911 . . $1,791,256 ..... $--0-- . . $1,774,078 . . $1,143,000 ... $(47,078) $146,377,642 . . $8,333,164 State Funds $ 897,767 $ 2,841,494 $ 4,593,903 $ 8,333,164 WEDNESDAY, FEBRUARY 28, 1990 1737 Section 27. Department of Law. Budget Unit: Department of Law.................................... $9,331,170 Attorney General's Office Budget: Personal Services................................................. $8,419,064 Regular Operating Expenses......................................... $420,000 Travel ............................................................ $132,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $46,356 Computer Charges ................................................. $224,635 Real Estate Rentals ................................................ $462,241 Telecommunications ................................................. $98,164 Per Diem, Fees and Contracts ....................................... $60,000 Books for State Library ............................................ $110,000 Austerity Factor .................................................. $(31,290) Total Funds Budgeted ............................................ $9,941,170 State Funds Budgeted ............................................ $9,331,170 Section 28. Department of Medical Assistance. Budget Unit: Medicaid Services ................................... $735,127,858 Departmental Operations Budget: Personal Services................................................ $13,013,034 Regular Operating Expenses......................................... $602,926 Travel ............................................................ $195,670 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $73,625 Computer Charges .............................................. $14,993,335 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $385,605 Per Diem, Fees and Contracts .................................... $26,396,598 Medicaid Benefits, Penalties and Disallowances ........................................... $1,941,106,826 Payments to Counties for Mental Health ................................................ $41,482,424 Audit Contracts .................................................... $772,500 SFY 1990 Benefits .............................................. $47,666,386 Austerity Factor .................................................. $(22,330) Total Funds Budgeted ......................................... $2,087,602,572 State Funds Budgeted .......................................... $735,127,858 Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy and Reimbursement Benefits, Penalties and Disallowances Total Medical Assistance Functional Budgets Total Funds $ 1,976,082 $ 27,398,749 $ 17,302,142 $ 2,834,298 $ 4,495,379 $ 3,362,616 $ 2,030,233,306 $ 2,087,602,572 State Funds $ 859,457 $ 2,389,421 $ 4,792,584 $ 471,527 $ 1,737,009 $ 1,629,214 $ 723,248,646 $ 735,127,858 Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ................................................... $--0-- 1738 JOURNAL OF THE SENATE Departmental Operations Budget: Personal Services.............. Regular Operating Expenses.... Travel ....................... Equipment ................... Computer Charges ............ Real Estate Rentals ........... Telecommunications ........... Per Diem, Fees and Contracts.. Health Insurance Payments .... Austerity Factor .............. Total Funds Budgeted ......... Agency Assessments ........... Employee and Employer Contributions ............... Deferred Compensation ........ State Funds .................. Merit System Functional Budgets Applicant Services Classification and Compensation Flexible Benefits Employee Training and Development Health Insurance Administration Health Insurance Claims Internal Administration Commissioner's Office Total Total Funds $ 2,749,086 $ 1,223,566 $ 1,281,210 1,363,140 17,721,108 642,459,260 2,403,660 1,564,203 670,765,233 Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ............................. Operations Budget: Personal Services........................ Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ...................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ Land and Water Conservation Grants ............................... Recreation Grants ....................... Contract with U. S. Geological Survey for Ground Water Resources Survey ..................... Contract with U.S. Geological Survey for Topographic Maps .......... . . $8,077,287 . . $1,672,096 ... $84,509 .... $55,553 . . $3,108,575 . $885,042 .... $415,177 . $63,190,077 $593,308,729 . . . $(31,812) $670,765,233 . . $9,838,416 $660,855,932 ..... $70,885 ..... $-0-- State Funds $ $ $ $ $ $ $77,330,932 $59,707,200 $11,941,210 . . $516,190 . $1,594,437 . $2,173,104 . . . $743,627 . $1,837,353 . $1,157,997 . $1,515,720 . . . $800,000 . . $550,000 . . $300,000 . $125,000 WEDNESDAY, FEBRUARY 28, 1990 1739 Capital Outlay--Repairs and Maintenance............................................... $2,361,700 Capital Outlay--Shop StockParks ........................................................... $350,000 Capital Outlay-Heritage Trust....................................... $225,000 Authority Lease Rentals ............................................ $865,000 Cost of Material for Resale ....................................... $2,318,000 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 ............................................ $510,000 Capital Outlay--User Fee Enhancements--Parks .......................................... $2,082,000 Capital Outlay--Buoy Maintenance ...................................................... $20,000 Capital Outlay--Consolidated Maintenance--Game and Fish ...................................... $--0-- Technical Assistance Contract ....................................... $125,000 Capital Outlay ..................................................... $385,000 Contract--Georgia Rural Water Association ................................................. $--0-- Contract--Corps of Engineers (Cold Water Creek St. Park) ...................................... $300,000 Advertising and Promotion .......................................... $150,000 Payments to Georgia Agricultural Exposition Authority ........................................... $2,379,900 Historic Preservation Grant ......................................... $275,000 Environmental Facilities Grant .................................... $6,500,000 Georgia Boxing Commission ........................................... $6,000 Lanier Regional Committee .......................................... $--0-- Paving at State Parks and Historic Sites .................................................... $500,000 Grant--Chehaw Park Authority ..................................... $250,000 Grant--Zoo Atlanta ................................................ $250,000 Austerity Factor ................................................. $(230,358) Total Funds Budgeted .......................................... $102,840,080 Receipts from Jekyll Island State Park Authority ............................................. $314,594 Receipts from Stone Mountain Memorial Association ............................................. $815,000 Indirect DOAS Funding ............................................. $--0-- State Funds Budgeted ........................................... $77,330,932 Department of Natural Resources Functional Budgets Internal Administration Game and Fish Parks, Recreation and Historic Sites Environmental Protection Coastal Resources Total Total Funds $ 8,547,168 $ 27,584,065 $ 37,248,324 $ 27,589,590 $ 1,870,933 $ 102,840,080 State Funds $ 6,268,605 $ 23,634,839 $ 21,726,049 $ 23,920,506 $ 1,780,933 $ 77,330,932 1740 JOURNAL OF THE SENATE B. Budget Unit: Georgia Agricultural Exposition Authority ............................................... $--0-- Operations Budget: Personal Services................................................. $1,432,445 Regular Operating Expenses....................................... $1,344,116 Travel ............................................................. $24,000 Motor Vehicle Purchases............................................. $11,000 Equipment ......................................................... $69,088 Computer Charges .................................................. $27,000 Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $17,500 Per Diem, Fees and Contracts ....................................... $490,826 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ............................................ $3,415,975 State Funds Budgeted ............................................... $--0-- Georgia Agricultural Exposition Authority Functional Budget Total Funds State Funds $ 3,415,975 $ --0-- Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................................................ $86,663,472 1. Operations Budget: Personal Services................................................ $48,644,899 Regular Operating Expenses....................................... $7,350,589 Travel ............................................................ $153,500 Motor Vehicle Purchases.......................................... $2,885,000 Equipment ........................................................ $953,050 Computer Charges ............................................... $4,758,000 Real Estate Rentals ................................................. $67,491 Telecommunications .............................................. $1,129,000 Per Diem, Fees and Contracts ....................................... $180,000 State Patrol Posts Repairs and Maintenance................................................. $200,000 Capital Outlay ...................................................... $--0-- Austerity Factor ................................................. $(189,025) Total Funds Budgeted ........................................... $66,132,504 Indirect DOAS Service Funding ...................................... $--0-- State Funds Budgeted ........................................... $66,132,504 2. Driver Services Budget: Personal Services................................................ $15,040,760 Regular Operating Expenses....................................... $1,625,434 Travel ............................................................. $36,920 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $128,497 Computer Charges .................................................. $28,000 Real Estate Rentals ................................................. $37,507 Telecommunications ................................................ $361,600 Per Diem, Fees and Contracts ........................................ $88,350 Capital Outlay ................................................... $2,025,000 Conviction Reports ................................................. $232,500 Driver License Processing ........................................... $981,600 Austerity Factor .................................................. $(55,200) WEDNESDAY, FEBRUARY 28, 1990 1741 Total Funds Budgeted.................................... Indirect DOAS Service Funding ........................... State Funds Budgeted .................................... Public Safety Functional Budgets Total Funds Administration $ 18,695,526 Driver Services $ 20,530,968 Field Operations $ 47,436,978 Total $ 86,663,472 $20,530,968 .... $--0-- $20,530,968 State Funds 18,695,526 20,530,968 47,436,978 86,663,472 B. Budget Unit: Units Attached for Administrative Purposes Only .................................................. $14,457,184 1. Attached Units Budget: Personal Services................................................. $7,286,522 Regular Operating Expenses....................................... $2,746,653 Travel ...... ..................................................... $125,500 Motor Vehicle Purchases............................................. $37,500 Equipment ........................................................ $194,050 Computer Charges ................................................. $428,705 Real Estate Rentals ................................................. $97,078 Telecommunications ................................................ $163,550 Per Diem, Fees and Contracts ....................................... $869,000 Peace Officers Training Grants .................................... $2,843,665 Capital Outlay ...................................................... $--0-- Austerity Factor .................................................. $(28,904) Total Funds Budgeted ........................................... $14,763,319 State Funds Budgeted ........................................... $14,130,319 2. Office of Highway Safety Budget: Personal Services................................................... $409,670 Regular Operating Expenses.......................................... $28,600 Travel ............................................................. $13,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $--0-- Computer Charges ............................................... $40,000 Real Estate Rentals ................................................. $69,988 Telecommunications .................................................. $4,000 Per Diem, Fees and Contracts ........................................ $23,800 Highway Safety Grants ........................................... $3,500,000 Austerity Factor ..................................................... $(815) Total Funds Budgeted ............................................ $4,088,243 State Funds Budgeted .............................................. $326,865 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,088,243 $ 326,865 Georgia Peace Officers Standards and Training $ 4,853,482 $ 4,853,482 Police Academy $ 1,008,478 $ 988,478 Fire Academy $ 1,238,431 $ 1,158,431 Georgia Firelighters Standards and Training Council $ 433,620 $ 433,620 1742 JOURNAL OF THE SENATE Organized Crime Prevention Council Georgia Public Safety Training Facility Total 321,384 $ 321,384 6,907,924 $ 6,374,924 18,851,562 $ 14,457,184 Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ........................................... $12,089,043 Departmental Operations Budget: Payments to Employees' Retirement System ............................................... $389,043 Employer Contributions ......................................... $11,700,000 Total Funds Budgeted ........................................... $12,089,043 State Funds Budgeted ........................................... $12,089,043 Section 33. Public Service Commission. Budget Unit: Public Service Commission................................................... $7,830,791 Departmental Operations Budget: Personal Services................................................. $6,578,134 Regular Operating Expenses......................................... $418,270 Travel ............................................................ $244,500 Motor Vehicle Purchases............................................. $52,324 Equipment ......................................................... $92,699 Computer Charges ................................................. $303,673 Real Estate Rentals ................................................ $309,828 Telecommunications ................................................ $120,716 Per Diem, Fees and Contracts ..................................... $1,232,000 Austerity Factor .................................................. $(21,922) Total Funds Budgeted ............................................ $9,330,222 State Funds Budgeted ............................................ $7,830,791 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,735,657 $ 1,735,657 Transportation $ 3,198,241 $ 1,857,254 Utilities $ 4,396,324 $ 4,237,880 Total $ 9,330,222 $ 7,830,791 Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction .... Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. ....... Sponsored Operations ............... Operating Expense: Educ., Gen., and Dept. Svcs. ....... Sponsored Operations ............... Special Funding Initiative............ Office of Minority Business Enterprise ............... Special Desegregation Programs ...... Forestry Research ................... $787,069,025 $819,822,974 $110,000,000 $219,705,743 $125,000,000 . $14,000,000 .... $350,000 . $380,000 .... $302,000 WEDNESDAY, FEBRUARY 28, 1990 1743 Research Consortium ............................................... $100,000 Eminent Scholars Program ........................................... $--0-- Capital Outlay ...................................................... $--0-- Austerity Factor .................................................... $--0-- Total Funds Budgeted ......................................... $1,289,660,717 Departmental Income............................................ $31,000,000 Sponsored Income.............................................. $235,000,000 Other Funds................................................... $236,591,692 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted .......................................... $787,069,025 B. Budget Unit: Regents Central Office and Other Organized Activities .............................................. $146,822,449 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $206,152,204 Sponsored Operations .......................................... $65,005,330 Operating Expenses: Educ., Gen., and Dept. Svcs. ................................... $92,912,194 Sponsored Operations ........................................... $36,173,630 Fire Ant and Environmental Toxicology Research .............................................. $232,000 Agricultural Research............................................. $2,088,427 Advanced Technology Development Center ............................................ $1,450,618 Capitation Contracts for Family Practice Residency ...................................... $2,759,684 Residency Capitation Grants ...................................... $2,594,400 Student Preceptorships ............................................. $158,000 Center for Rehabilitation Technology ...................................................... $737,778 SREB Payments ................................................. $9,193,650 Medical Scholarships ............................................. $1,017,750 Regents Opportunity Grants ........................................ $600,000 Regents Scholarships ............................................... $200,000 Rental Payments to Georgia Military College ................................................. $865,000 CRT Inc. Contract at Georgia Tech Research Institute................................................ $211,000 Austerity Factor ................................................. $(356,023) Total Funds Budgeted .......................................... $421,995,642 Departmental Income................................................ $--0-- Sponsored Income............................................... $98,660,299 Other Funds ................................................... $176,512,894 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted .......................................... $146,822,449 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,757,407 $ 1,233,407 Skidaway Institute of Oceanography $ 3,688,492 $ 1,556,193 1744 JOURNAL OF THE SENATE Marine Institute Georgia Tech Research Institute Education Extension Services Agricultural Experiment Station Cooperative Extension Service Eugene Talmadge Memorial Hospital Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total $ 1,437,178 $ 125,653,141 $ 5,974,287 $ 51,140,296 $ 50,004,022 $ 148,991,908 3,018,473 2,354,820 6,198,100 1,905,403 $ 2,543,435 $ 17,328,680 $ 421,995,642 987,178 13,625,808 2,296,287 34,775,419 33,704,022 $ 31,552,288 $ 3,018,473 $ 521,820 $ 6,198,100 --0-- $ 24,774 $ 17,328,680 $ 146,822,449 C. Budget Unit: Georgia Public Telecommunications Commission...................................................... $8,045,499 Public Telecommunications Commission Budget: Personal Services................................................. $5,980,801 Operating Expenses .............................................. $8,084,722 Austerity Factor .................................................. $(12,733) Total Funds Budgeted ........................................... $14,052,790 Other Funds ..................................................... $6,007,291 State Funds Budgeted ............................................ $8,045,499 Section 35. Department of Revenue. Budget Unit: Department of Revenue............................... $80,280,289 Operations Budget: Personal Services................................................ $47,817,473 Regular Operating Expenses....................................... $3,999,677 Travel .......................................................... $1,410,700 Motor Vehicle Purchases............................................ $174,200 Equipment ........................................................ $589,825 Computer Charges ............................................... $9,747,765 Real Estate Rentals .............................................. $4,728,258 Telecommunications ................................................ $764,568 Per Diem, Fees and Contracts....................................... $266,275 County Tax Officials/Retirement and FICA ..................................................... $3,064,285 Grants to Counties/Appraisal Staff .......................................................... $1,430,000 Motor Vehicle Tags and Decals.................................... $3,167,650 WEDNESDAY, FEBRUARY 28, 1990 1745 Postage ....................... Austerity Factor ............... Total Funds Budgeted.......... Indirect DOAS Services Funding State Funds Budgeted .......... Department of Revenue Functional Budgets Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total Total Funds $ 7,737,710 $ 11,888,831 $ 3,632,870 16,743,536 8,277,172 16,574,540 6,414,083 4,557,193 4,454,354 80,280,289 Section 36. 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 ............ Austerity Factor .......... Total Funds Budgeted ........ State Funds Budgeted ...... Secretary of State Functional Budgets Total Funds Internal Administration $ 3,141,596 Archives and Records $ 4,742,892 Business Services and Regulation 4,376,570 Elections and Campaign Disclosure 1,341,398 Drugs and Narcotics State Ethics Commission 960,317 193,517 Occupational Certification 7,403,556 Total 22,159,846 . $3,305,260 . $(185,647) $80,280,289 .... $--0-- $80,280,289 State Funds 7,737,710 11,888,831 3,632,870 16,743,536 8,277,172 16,574,540 6,414,083 4,557,193 4,454,354 $ 80,280,289 ... $22,159,846 . . . . $14,763,904 ..... $2,255,094 ....... $235,200 ....... $96,500 ........ $77,121 ..... $826,611 ..... $2,272,731 ..... $300,095 ...... $740,856 .... $650,000 ...... $(58,266) ... $22,159,846 .... $22,159,846 State Funds $ 3,141,596 $ 4,742,892 $ 4,376,570 $ 1,341,398 $ " 960,317 $ 193,517 $ 7,403,556 $ 22,159,846 1746 JOURNAL OF THE SENATE Occupational Certification Functional Budgets S. B. of Accountancy S. B. of Architects S. B. of Athletic Trainers Georgia Auctioneers Commission S. B. of Barbers G. B. of Chiropractic Examiners State Construction Industry Licensing Board S. B. of Cosmetology 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 Board Costs $ 40,000 $ 800 8,300 19,000 21,000 112,000 46,500 63,000 7,700 74,000 $ 3,600 $ 20,500 $ 3,900 $ 7,000 $ 15,400 2,400 104,000 72,000 13,500 7,500 11,500 26,000 81,000 17,000 5,500 3,800 50,800 13,500 Cost of Operations 240,743 $ 7,396 52,203 142,493 146,921 623,648 828,762 363,856 $ 22,868 $ 343,966 $ 32,929 $ 177,307 $ 20,295 $ 48,693 $ 44,615 $ 18,454 1,155,353 966,882 53,381 24,173 44,382 73,733 528,087 $ 64,653 $ 15,387 $ 33,282 $ 581,601 $ 304,841 WEDNESDAY, FEBRUARY 28, 1990 1747 G. B. of Private Detective and Security Agencies S. B. of Examiners of Psychologists S. B. of Recreation Examiners S. B. of Examiners for Speech Pathology and Audiology S. B. of Registration for Used Car Dealers S. B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers S. B. of Veterinary Medicine S. B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis Total $ 18,000 $ 122,034 $ 17,500 $ 71,925 $ 9,000 $ 33,477 $ 6,500 $ 28,069 $ 14,600 $ 218,710 $ 11,300 $ 51,274 $ 45,500 $ 129,196 $ 14,700 $ 160,266 $ 1,087,800 $ 7,988,806 B. Budget Unit: Real Estate Commission ............................. $1,566,286 Real Estate Commission Budget: Personal Services................................................... $903,760 Regular Operating Expenses......................................... $140,000 Travel ............................................................. $12,000 Motor Vehicle Purchases............................................. $19,000 Equipment ......................................................... $16,400 Computer Charges ................................................. $235,721 Real Estate Rentals ................................................ $113,700 Telecommunications ................................................. $22,000 Per Diem, Fees and Contracts ....................................... $107,300 Austerity Factor ................................................... $(3,595) Total Funds Budgeted ............................................ $1,566,286 State Funds Budgeted ............................................ $1,566,286 Real Estate Commission Functional Budget Real Estate Commission State Funds $ 1,566,286 Cost of Operations $ 1,606,286 Section 37. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee ....................................... $1,959,277 Soil and Water Conservation Budget: Personal Services................................................... $942,188 Regular Operating Expenses......................................... $127,871 Travel ............................................................. $72,300 Motor Vehicle Purchases............................................. $10,450 Equipment ......................................................... $19,600 Computer Charges ................................................... $5,600 Real Estate Rentals ................................................. $50,405 Telecommunications ................................................. $19,220 Per Diem, Fees and Contracts ....................................... $442,420 1748 JOURNAL OF THE SENATE County Conservation Grants ........................................ $610,396 Austerity Factor ................................................... $(3,448) Total Funds Budgeted ............................................ $2,297,002 State Funds Budgeted ............................................ $1,959,277 Section 38. Student Finance Commission. Budget Unit: Student Finance Commission................................................... $23,380,129 Administration Budget: Personal Services................................................. $4,169,264 Regular Operating Expenses......................................... $382,851 Travel ............................................................. $65,800 Motor Vehicle Purchases............................................. $12,000 Equipment ......................................................... $25,000 Computer Charges ................................................. $357,668 Telecommunications ................................................ $132,000 Per Diem, Fees and Contracts ........................................ $17,757 Payment of Interest and Fees ....................................... $381,625 Guaranteed Educational Loans .................................... $4,210,000 Tuition Equalization Grants...................................... $15,032,175 Student Incentive Grants ......................................... $5,020,320 Law Enforcement Personnel Dependents' Grants ............................................... $38,000 North Georgia College ROTC Grants.................................................... $104,500 Osteopathic Medical Loans.......................................... $200,000 Georgia Military Scholarship Grants .......................................................... $462,030 Paul Douglas Teacher Scholarship Loans ................................................ $444,425 Total Funds Budgeted ........................................... $31,055,415 State Funds Budgeted ........................................... $23,380,129 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 5,162,340 $ --0-- Higher Education Assistance Corporation $ 381,625 $ 381,625 Georgia Student Finance Authority $ 25,511,450 $ 22,998,504 Total $ 31,055,415 $ 23,380,129 Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ....................................................... $3,700,000 Departmental Operations Budget: Personal Services................................................. $2,915,000 Regular Operating Expenses......................................... $307,000 Travel ............................................................. $26,000 Equipment .......................................................... $9,000 Computer Charges ............................................... $1,119,000 Real Estate Rentals ................................................ $301,000 Telecommunications ................................................ $114,000 Per Diem, Fees and Contracts ....................................... $339,000 Cost-of-Living Increases for Local Retirement System Members .................................... $2,950,000 WEDNESDAY, FEBRUARY 28, 1990 1749 Floor Fund for Local Retirement Systems .............................................. $750,000 Post Retirement Benefit Increases for Retirees .............................................. $--0-- Total Funds Budgeted ............................................ $8,830,000 State Funds Budgeted ............................................ $3,700,000 Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education ........................................ $130,079,068 Department of Technical and Adult Education Budget: Personal Services................................................. $4,060,896 Regular Operating Expenses......................................... $340,242 Travel ............................................................ $128,000 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $8,000 Computer Charges ................................................. $704,701 Real Estate Rentals ................................................ $442,636 Telecommunications ................................................. $62,000 Per Diem, Fees and Contracts ..................................... $1,634,800 Personal Services-Institutions .................................... $85,298,283 Operating Expenses-Institutions .................................. $19,660,207 Capital Outlay ...................................................... $50,000 Quick Start Program ............................................. $5,819,976 Area School Program ........................................... $25,924,147 Regents Program................................................. $2,834,381 Adult Literacy Grants ............................................ $7,813,654 Austerity Factor ................................................. $(450,000) Total Funds Budgeted .......................................... $154,331,923 State Funds Budgeted .......................................... $130,079,068 Institutions Functional Budgets Total Funds State Funds Administration $ 7,366,425 $ 6,240,369 Institutional Programs $ 146,965,498 $ 123,838,699 Total $ 154,331,923 $ 130,079,068 Section 41. Department of Transportation. Budget Unit: Department of Transportation ......................................... $504,144,923 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services............................................... $236,105,509 Regular Operating Expenses...................................... $55,355,731 Travel .......................................................... $1,818,631 Motor Vehicle Purchases......................................... $1,011,000 Equipment ...................................................... $5,056,695 Computer Charges ............................................... $4,644,846 Real Estate Rentals .............................................. $1,356,023 Telecommunications .............................................. $2,200,916 Per Diem, Fees and Contracts .................................... $10,505,640 Capital Outlay ................................................. $511,466,259 1750 JOURNAL OF THE SENATE Grants to Counties ............. Grants to Municipalities ........ Capital Outlay--Airport Approach Aid and Operational Improvements ............... Capital Outlay--Airport Development. ................ Mass Transit Grants ....... Savannah Harbor Maintenance Payments ................... Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction .......... G.O. Debt Sinking Fund ........ Austerity Factor ............... Total Funds Budgeted.......... State Funds Budgeted ......... Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds Planning and Construction $ 562,155,251 Maintenance and Betterments $ 242,684,790 Facilities and Equipment $ 8,744,767 Assistance to Counties $ 9,317,013 Administration Total $ 22,580,214 $ 845,482,035 General Funds Budget Grants to Municipalities 9,317,000 Paving at State and Local Schools and State Institutions $ --0-- Air Transportation $ 1,757,060 Inter-Modal Transfer Facilities $ 12,208,318 Harbor Maintenance Activities $ 1,217,000 Total $ 24,499,378 Section 42. 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 ......................... $9,317,013 $9,317,000 . $1,467,500 .... $--0-- . $8,509,511 . $1,217,000 ... $--0-- $10,640,000 - - $(7,861) $869,981,413 $504,144,923 State Funds 217,321,831 231,218,210 8,107,732 9,317,013 22,035,214 488,000,000 $ 9,317,000 $ 1,257,060 $ 4,353,863 $ 1,217,000 $ 16,144,923 .... $21,692,772 $4,827,118 . . $121,252 ... $89,000 . . . . $--0-- ... $89,420 ... $13,812 . . $227,338 ... $56,000 $20,100 . . . $--0-- WEDNESDAY, FEBRUARY 28, 1990 1751 Operating Expense/Payments to Central State Hospital....... Operating Expense/Payments to Medical College of Georgia ... Regular Operating Expenses for Projects and Insurance . . . Austerity Factor .............. Total Funds Budgeted......... State Funds Budgeted ......... Veterans Service Functional Budgets Total Funds Veterans Assistance $ 5,352,063 Veterans Home and Nursing Facility--Milledgeville $ 15,380,906 Veterans Nursing Home--Augusta $ 5,926,827 Total $ 26,659,796 .... $15,193,873 ..... $5,859,083 ....... $214,000 ...... $(51,200) ... $26,659,796 .... $21,692,772 State Funds $ 5,130,693 $ 12,064,144 $ 4,497,935 $ 21,692,772 Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ........................................................ $8,231,498 Operations Budget: Personal Services................................................. $6,729,669 Regular Operating Expenses......................................... $307,375 Travel ............................................................. $68,350 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $3,830 Computer Charges ................................................. $218,900 Real Estate Rentals ................................................ $614,677 Telecommunications ................................................ $104,660 Per Diem, Fees and Contracts ....................................... $110,500 Georgia Crime Victims Assistance Program......................................................... $200,000 Austerity Factor .................................................. $(26,463) Total Funds Budgeted ............................................ $8,331,498 State Funds Budgeted ............................................ $8,231,498 Section 44. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ....................................... $291,935,475 State of Georgia General Obligation Debt Sinking Fund (New) .......................................... $26,305,500 Section 45. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operat ing the Supreme Court of the State of Georgia, including salaries and retirement contribu tions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts. Section 46. Provisions Relative to Section 4, Court of Appeals. 1752 JOURNAL OF THE SENATE 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 47. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operat ing the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be au thorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropri ated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College. Section 48. 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 49. 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 50. 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 51. Provisions Relative to Section 18, State Board of Education--Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,632.38. 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 18, funds are designated and committed for the purpose of Special Education Low-Incidence Grants to finance the direct instructional costs for low-incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1991. From the Appropriations In Section 18, 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- WEDNESDAY, FEBRUARY 28, 1990 1753 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 1991 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated mem ber system to contribute at least the same equivalent amount during SFY 1991 that it con tributed during SFY 1990. Provided, however, that professional development funds may be used to provide study grants directly to individuals, to provide for courses and to provide for the administration and development of testing. Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program. Section 52. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group 1 2 3 4 5 6 7 8 9 10 11 Standards of Need $ 235 356 424 500 573 621 672 713 751 804 860 Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568 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 1991 that was authorized in fiscal year 1987. The Division of Mental Health, Mental Retardation and Substance Abuse is authorized and directed to expend an amount not to exceed $2,340,000 of receipts from the Department of Medical Assistance in excess of the $74,000,000 of such receipts contemplated in this appropriations act. Such funding shall be applied toward the following programs and pur poses in no more than the amounts shown thereby: Regular Operating Expense-- State institutions Computer Charges--State and Regional Hospitals Per Diem, Fees and Contracts-- Physician coverage at State institutions Community Mental Health, Mental Retardation and Substance Abuse programs 3 MR residential slots in Chatham Co. $531,000 65,000 139,000 1,550,000 55,000 1754 JOURNAL OF THE SENATE In any instance in which such excess receipts from the Department of Medical Assistance may not be applied toward the purposes listed above, the Department is authorized to transfer State funds to accomplish the intent of this paragraph. Provided, that Central State Hospital is authorized to utilize surplus funds, not to ex ceed $497,500, for replacement of TV distribution lines in Veterans Assistance facilities, Corrections Department facilities and MH/MR facilities. Provided, that Southwestern State Hospital is authorized and directed to add six (6) HST positions to the Adult Mental Health Unit. Section 53. Provisions Relative to Section 24, Department of Industry and Trade. The scheduled contractual payments by the Georgia Ports Authority to the State Trea sury through the Department of Industry and Trade are to be reduced $2,942,776 for Fiscal Year 1991 and for each succeeding fiscal year until Fiscal Year 2007. The intent of this reduction is to provide to the Georgia Ports Authority refinancing benefits that will accrue to the State as a result of the 1986B General Obligation Refunding Bonds. Section 54. Provisions Relative to Section 26, Department of Labor. The Department of Labor is authorized to transfer up to $1,774,078 of funds budgeted for State Treasury Payments to Personal Services for the purpose of supplanting Federal funds in order to avoid closing Department offices during regular work periods. The exercise of this authority by the Department shall not be construed as a cancellation of obligation to make this or any future payments to the State Treasury. Section 55. Provisions Relative to Section 28, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medical Assis tance, $18,383,114 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1990. Section 56. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $164.46 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 1991 shall not exceed ten and one-half percent (10.50%). Section 57. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30. From the appropriation in Section 30 (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 30, 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 Planning Commissions which employ Preservation Planners as of July, 1990. WEDNESDAY, FEBRUARY 28, 1990 1755 Provided that of the $550,000 appropriated herein for recreation grants, $200,000 is designated and commited for a waterfront park in Augusta. Section 58. Provisions Relative to Section 31, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utiliz ing federal funds. Section 59. Provisions Relative to Section 34, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to ex ceed 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 60. Provisions Relative to Section 40, Department of Technical and Adult Education. None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education. Section 61. Provisions Relative to Section 41, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General As sembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of motor fuel tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 41 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 1756 JOURNAL OF THE SENATE 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 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 ($8,400,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the opera tion of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collections. Section 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund. Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 65. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly. Section 66. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section. Section 67. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act. Section 68. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required WEDNESDAY, FEBRUARY 28, 1990 1757 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 con tinue programs currently funded entirely with Federal funds. Section 70. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly. Section 71. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 72. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1990 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be trans ferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior ap proval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropria tions Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, com mission, institution or other agency of this State are in violation of this Section or in viola tion of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget. Section 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior ap- 1758 JOURNAL OF THE SENATE 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. Wherever in this Act the term "Austerity Factor" appears and is followed by a negative number, the annual operating budget common object classes shall be reduced in an amount sufficient to eliminate such austerity factor. Section 76. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby. A.) Maturities not to exceed two-hundred forty months: Project/Purpose Principal Amount Debt Service Developmental Highway Construction 100,000,000 $ 10,000,000 Local School Construction Regional Crime Laboratory Construction 64,945,000 1,600,000 6,494,500 160,000 Board of Regents Facilities 23,500,000 2,350,000 Public Library Construction Trinity-Washington Building Renovations 12,925,000 2,000,000 1,292,500 200,000 Parking Facility--Georgia Institute of Technology 5,500,000 550,000 Board of Regents--Herty Foundation Agriculture Building Renovations Market Renovations-Agriculture Regional Reservoir Construction 3,900,000 1,000,000 2,500,000 1,500,000 390,000 100,000 250,000 150,000 Parking Facility--Georgia State University 3,500,000 350,000 Law School Building--University of Georgia Airport Development Purchase of Wildlife Management Area 2,500,000 1,270,000 1,500,000 250,000 127,000 150,000 Land Acquisition--Georgia Southern University Design Funds for the Sidney Lanier Bridge 2,000,000 1,500,000 200,000 150,000 WEDNESDAY, FEBRUARY 28, 1990 1759 Construction of Library at Dekalb College Acquisition and Renovation of Brookwood Properties at Valdosta State College Design of Dormitory at Georgia Tech Incarceration Facilities in Mitchell, Lowndes and Emanuel Counties B.) Maturities not to exceed sixty months: Paving at State and Local School and Institutions Equipment for Comprehensive High Schools 10,000,000 9,000,000 1,000,000 5,560,000 750,000 1,590,000 1,000,000 900,000 100,000 398,000 187,500 398,000 Section 77. Delayed Hiring Factor by Department. Dept. of Corrections "A" $ 19,850,590 Dept. of Human Resources "A" $ 2,377,779 Dept. of Human Resources "B" $ 1,221,400 Dept. Technical and Adult $ 478,610 Dept. of Revenue $ 51,042 Office of the Governor $ 15,470 Dept. of Law $ 57,369 Soil and Water Conservation Commission $ 30,413 Dept. Natural Resources $ 125,352 Section 78. Cost-of-Living and Other Increases. In addition to all other appropriations, there is hereby appropriated $150,349,291 for the following purposes: 1.) An increase of 2.5% with a minimum increase of $450 per annum for full-time employees of the Executive, Judicial and Legislative branches of state govern ment, effective July 1, 1990; 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,357 to $18,541 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resump tion of annual increments after completion of one year experience and performance based certification, effective the following month; an additional 1% increase beginning the 6th year and an additional 1.5% beginning the 8th year; 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.9% to 3.0%, effective Sep tember 1, 1990; (4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1990; 5.) For University System employees, a 2.5% salary increase to be effective September 1, 1990, for academic contracted personnel and for a 2.5% salary in crease, effective July 1, 1990, for non-academic personnel, and fiscal year contracted person nel of the University System and employees of the Athens and Tifton Veterinary Laborato ries, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; 6.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4; 7.) For two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System; and 8.) For cost-ofliving increases in retirement benefits to partially offset the taxation of such benefits as provided by House Bill 1EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 regular session of the Gen eral Assembly. 1760 JOURNAL OF THE SENATE Section 79. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1991 .......................................... $7,785,000,000 Section 80. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 81. All laws and parts of laws in conflict with this Act are repealed. Senator Barnes of the 33rd offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by removing from state funds budgeted for the cost-of-living and other increases budget unit on page 79, line 6, in Section 78, the figure "$150,349,291" and replacing it with the figure "$148,349,291"; and by adding to state funds budgeted for the State of Georgia Gen eral Obligation Debt Sinking Fund budget unit on page 62, line 11, in Section 44 the figure "$26,305,500" and replacing it with the figure "$28,305,500"; and by adding after line 21 on page 78 of Section 76 provisions relative to Section 44, Georgia General Obligation Debt Sinking Fund, the following: "expansion of Georgia World Congress Center -- -- $20,000,000 -- -- $2,000,000." 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: Barnes Brannon Burton Clay Egan Engram Fuller Newbill Peevy Phillips Ragan of 32nd Tysinger Those voting in the negative were Senators: Albert Allgood Baldwin Barker Bwen ^CCoro?lleluimnnsan Dawkins Deal Dean Echols Edge English Fincher Foster Garner Hammill Harris H,H,o"*w*a.TMrd Kennedy Kidd Land Langford McKenzie Olmstead Parker Perry Pollard Ragan of 10th Ray Sf_,tcaortrt of 36th Stumbaugh Tate Taylor Timmons Turner Walker Those not voting were Senators: Gillis Johnson Scott of 2nd Shumake On the adoption of the amendment, the yeas were 12, nays 40, and the amendment offered by Senator Barnes of the 33rd was lost. Senator Peevy of the 48th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations WEDNESDAY, FEBRUARY 28, 1990 1761 by striking the figure on line 32, page 19, "1,360,000" and inserting in lieu thereof the figure "2,360,000"; And by striking the figure on line 19, page 59, "511,466,259" and inserting in lieu thereof the figure "510,466,259". On the adoption of the amendment, Senator Phillips of the 9th called for the yeas and nays; the call was not sustained, and a roll call was not taken. On the adoption of the amendment, the yeas were 11, nays 34, and the amendment offered by Senator Peevy of the 48th was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by removing from state funds budgeted for the Office of the Governor budget unit on page 23, line 4, in Section 22 the figure "$21,394,323" and replacing it with the figure "$20,394,323"; By removing the figure on page 23, line 16, "$2,500,000" and replacing it with the figure "$1,500,000"; By removing the figure on page 23, line 29, "$56,487,873" and replacing it with the figure "$55,487,873"; By removing the figure on page 23, line 30, "$21,394,323" and replacing it with the figure "$20,394,323"; By removing the figure on page 23, line 33, "$5,707,315" and replacing it with the figure "$4,707,315"; By removing the figure on page 23, line 33, "$5,707,315" and replacing it with the figure "$4,707,315"; By removing the figure on page 24, line 20, "$56,487,873" and replacing it with the figure "$55,487,873"; By removing the figure on page 24, line 20, "$21,394,323" and replacing it with the figure "$20,394,323"; And by removing from state funds budgeted for the State Board of Educa tion--Department of Education budget unit on page 17, line 4, in Section 18 the figure "$2,754,905,650" and replacing it with the figure "$2,755,905,650"; By removing the figure on page 19, line 34, "$5,100,000" and replacing it with the figure "$6,100,000"; By removing the figure on page 20, line 2, "$3,059,120,951" and replacing it with the figure "$3,060,120,951"; By removing the figure on page 20, line 4, "$2,754,905,650" and replacing it with the figure "$2,755,905,650"; By removing the figure on page 20, line 18, "$2,978,200,289" and replacing it with the figure "$2,979,200,289"; By removing the figure on page 20, line 18, "$2,689,375,750" and replacing it with the figure "$2,690,375,750"; By removing the figure on page 20, line 24, "$3,059,120,951" 1762 JOURNAL OF THE SENATE and replacing it with the figure "$3,060,120,951"; and By removing the figure on page 20, line 24, "$2,754,905,650" and replacing it with the figure "$2,755,905,650". On the adoption of the amendment, 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: Burton Collins Engram Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Allgood Barker Bowen Brannon Broun Clay Coleman Dawkins Deal Dean Echols Edge Egan English Fuller Gillis Hammill Harris Huggins Kennedy Kidd Langford McKenzie Olmstead Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Tate Taylor Turner Tysinger Walker Those not voting were Senators: Albert Baldwin Barnes Fincher Foster Garner Howard Johnson Shumake Stumbaugh Timmons On the adoption of the amendment, the yeas were 7, nays 38, and the amendment of fered by Senator Collins of the 17th was lost. Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by removing from state funds budgeted for the Department of Education budget unit on page 17, line 4, in Section 18 the figure "$2,754,905,650" and replacing it with the figure "$2,757,905,650"; By removing the figure on page 17, line 6, "$42,470,945" and replacing it with the figure "$39,470,945"; By removing the figure on page 20, line 2, "$3,059,120,951" and replacing it with the figure "$3,056,120,951"; By removing the figure on page 20, line 4, "$2,754,905,650" and replacing it with the figure "$2,751,905,650"; By removing the figure on page 20, line 7, "$12,638,609" and replacing it with the figure "$9,638,609"; WEDNESDAY, FEBRUARY 28, 1990 1763 By removing the figure on page 20, line 7, "$12,054,240" and replacing it with the figure "$9,054,240"; By removing the figure on page 20, line 24, "$3,059,120,951" and replacing it with the figure "$3,056,120,951"; By removing the figure on page 20, line 24, "$2,754,905,650" and replacing it with the figure "$2,757,402,539"; And by adding to state funds budgeted for the Department of Education budget unit on page 17, line 4, in Section 18 the figure "$2,754,905,650" and replacing it with the figure "$2,757,905,650"; By removing the figure on page 18, line 2, "$13,240,549" and replacing it with the figure "$16,240,549"; By removing the figure on page 20, line 2, "$3,059,120,951" and replacing it with the figure "$3,062,120,951"; By removing the figure on page 20, line 4, "$2,754,905,650" and replacing it with the figure "$2,757,905,650"; By removing the figure on page 20, line 18, "$2,978,200,289" and replacing it with the figure "$2,981,200,289"; By removing the figure on page 20, line 18, "$2,689,375,750" and replacing it with the figure "$2,692,375,750"; By removing the figure on page 20, line 24, "$3,059,120,951" and replacing it with the figure "$3,062,120,951"; and By removing the figure on page 20, line 24, "$2,754,905,650" and replacing it with the figure "$2,757,905,650". On the adoption of the amendment offered by Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th, Senator Phillips of the 9th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barnes Burton Collins Engram Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Allgood Barker Bowen Brannon C lav CTD-Ioawleikmi nans Deal Dean Echols Edge Egan English Foster Fuller Gillis Hammill Harris Huggins JTK7o- ehnnnseodjny Kidd Langford McKenzie Olmstead Parker Peevy Perry Pollard Ragan of 10th Ray gcott of 2nd Scott of 36th oq0nh, uuimnaaKkpc ^tarr , Stumbaugh Tate Taylor Turner Tysinger Walker 1764 JOURNAL OF THE SENATE Those not voting were Senators: Baldwin Broun Fincher Garner Howard Timmons On the adoption of the amendment, the yeas were 9, nays 41, and the amendment of fered by Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by adding after line 17, on page 68 of Section 56, provisions relative to Section 29, Merit System of Personnel Administration, the following: "Provided that the employee contribution for Health Insurance for State employees hired after July 1, 1990, shall be zero, and the employee contributions for Health Insurance for such State employees' dependents shall be 100% of the cost of such dependents' health insurance benefits." 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 Burton Collins Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Allgood Baldwin Barker Barnes Bwen Brannon Clay Coleman Dawkins Deal Dean Echols Egan English Engram Fincher Foster Fuller Gillis Hammill 5arns Huggms Johnson Kennedy Kidd Langford McKenzie Olmstead Parker Peevy Pollard Ragan of 10th fjay Scott of 2nd Scott of 36th Shumake ,, Stumbaugh Tate Tayloi Turner Tysinger Walker Those not voting were Senators: Edge Garner Howard Perry Timmons On the adoption of the amendment, the yeas were 7, nays 44, and the amendment of fered by Senator Collins of the 17th was lost. Senator Allgood of the 22nd moved the previous question. On the motion, the yeas were 41, nays 9; the motion prevailed, and the previous ques tion was ordered. WEDNESDAY, FEBRUARY 28, 1990 1765 Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by removing from state funds budgeted for the Department of Community Affairs budget unit on page 13, line 3, in Section 15 the figure "$17,382,942" and replacing it with the figure "$17,232,942"; By removing the figure on page 13, line 17, "$1,673,000" and replacing it with the figure "$1,523,000"; By removing the figure on page 13, line 30, "$48,839,397" and replacing it with the figure "$48,689,397"; By removing the figure on page 13, line 31, "$17,382,942" and replacing it with the figure "$17,232,942"; By removing the figure on page 14, line 2, "$43,442,478" and replacing it with the figure "$43,292,478"; By removing the figure on page 14, line 2, "$12,363,423" and replacing it with the figure "$12,213,423"; By removing the figure on page 14, line 5, "$48,839,397" and replacing it with the figure "$48,689,397"; By removing the figure on page 14, line 5, "$17,382,942" and replacing it with the figure "$17,232,942"; And by removing from state funds budgeted for the Department of Industry and Trade budget unit on page 36, line 9, in Section 24 the figure "$18,090,947" and replacing it with the figure "$18,080,947"; By removing the figure on page 36, line 21, "$265,000" and replacing it with the figure "$255,000"; By removing the figure on page 37, line 9, "$19,081,071" and replacing it with the figure "$719,071,071"; By removing the figure on page 37, line 10, "$18,090,947" and replacing it with the figure "$18,080,947"; By removing the figure on page 37, line 16, "$8,334,121" and replacing it with the figure "$8,324,121"; By removing the figure on page 37, line 16, "$8,313,997" and replacing it with the figure "$8,303,997"; By removing the figure on page 37, line 17, "$19,081,071" and replacing it with the figure "$19,071,071"; By removing the figure on page 37, line 17, "$18,090,947" and replacing it with the figure "$18,080,947"; And by adding to state funds budgeted for the Department of Human Resources budget unit on page 33, line 4, in Section 23 the figure "$517,058,790" and replacing it with the figure "$57,218,790"; By removing the figure on page 33, line 16, "$ -0-" and replacing it with the figure "$160,000"; By removing the figure on page 34, line 2, "$709,909,724" and replacing it with the figure "$710,069,724"; By removing the figure on page 34, line 4, "$517,058,790" and replacing it with the figure "$517,218,790"; 1766 JOURNAL OF THE SENATE By removing the figure on page 36, line 4, "$2,503,639" and replacing it with the figure "$2,663,639"; By removing the figure on page 36, line 4, "$2,503,639" and replacing it with the figure "$2,663,639"; By removing the figure on page 36, line 7, "$709,909,724" and replacing it with the figure "$710,069,724"; and By removing the figure on page 36, line 7, "$517,058,790" and replacing it with the figure "$517,218,790". 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 Burton Collins Egan Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Allgood Barker Barnes Bowen Brannon Broun Clay Coleman Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Olmstead Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Garner Shumake On the adoption of the amendment, the yeas were 8, nays 45, and the amendment of fered by Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th was lost. Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by removing from state funds budgeted for the Department of Governor's Office budget unit on page 23, line 4, in Section 22 the figure "$21,394,323" and replacing it with the figure $21,324,323"; By removing the figure on page 23, line 26, "$200,000" and replacing it with the figure "$130,000"; By removing the figure on page 23, line 29, "$56,487,873" and replacing it with the figure "$56,417,873"; WEDNESDAY, FEBRUARY 28, 1990 1767 By removing the figure on page 23, line 30, "$21,394,323" and replacing it with the figure "$21,324,323"; By removing the figure on page 24, line 20, "$5,094,014" and replacing it with the figure "$5,024,014"; By removing the figure on page 24, line 4, "$5,094,014" and replacing it with the figure "$5,024,014"; By removing the figure on page 24, line 20, "$56,487,873" and replacing it with the figure "$56,417,873"; By removing the figure on page 24, line 20, "$21,394,323" and replacing it with the figure "$21,324,323"; And by adding to state funds budgeted for the Department of Community Affairs budget unit on page 13, line 3, in Section 15 the figure "$17,382,942" and replacing it with the figure "$17,452,942"; By removing the figure on page 13, line 5, "$5,893,224" and replacing it with the figure "$5,963,224"; By removing the figure on page 13, line 30, "$48,839,397" and replacing it with the figure "$48,909,397"; By removing the figure on page 13, line 31, "$17,382,942" and replacing it with the figure "$17,452,942"; By removing the figure on page 14, line 4, "$1,646,403" and replacing it with the figure "$1,716,403"; By removing the figure on page 14, line 4, "$1,511,692" and replacing it with the figure "$1,581,692"; By removing the figure on page 14, line 5, "$48,839,397" and replacing it with the figure "$48,909,397"; and By removing the figure on page 14, line 5, "$17,382,942" and replacing it with the figure "$17,452,942". On the adoption of the amendment, the President orderd a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barnes Burton Clay Collins Egan Land Newbill Phillips Ragan of 32nd Stumbaugh Those voting in the negative were Senators: Allgood Barker Bowen Broun Coleman Dawkins Deal Dean Echols Edge English Engram Foster Fuller Gillis Hammill Howard Huggins Johnson Kennedy Kidd Langford Olmstead Parker Peevy Pollard Ragan of 10th Ray Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker 1768 JOURNAL OF THE SENATE Those not voting were Senators: Baldwin Brannon Fincher Garner Harris McKenzie Perry Scott of 2nd On the adoption of the amendment, the yeas were 11, nays 37, and the amendment offered by Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th was lost. Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by adding to state funds budgeted for the Department of Education budget unit on page 17, line 4, in Section 18 the figure "$2,754,905,650" and replacing it with the figure "$2,757,252,871"; By removing the figure on page 18, line 2, "$2,453,089" and replacing it with the figure "$4,800,310"; By removing the figure on page 20, line 2, "$3,059,120,951" and replacing it with the figure "$3,061,468,172"; By removing the figure on page 20, line 4, "$2,754,905,650" and replacing it with the figure "$2,757,252,871"; By removing the figure on page 20, line 18, "$2,978,200,289" and replacing it with the figure "$2,980,547,510"; By removing the figure on page 20, line 18, "$2,689,375,750" and replacing it with the figure "$2,691,722,971"; By removing the figure on page 20, line 24, "$3,059,120,951" and replacing it with the figure "$3,061,468,172"; By removing the figure on page 20, line 24, "$2,754,905,650" and replacing it with the figure "$2,757,252,871"; And by removing from state funds budgeted for the Department of Administrative Ser vices budget unit on page 7, line 5, in Section 11 the figure "$28,123,869" and replacing it with the figure "$28,098,869"; "$-0-B";y removing the figure on page 7, line 33, "$25,000" and replacing it with the figure By removing the figure on page 8, line 6, "$154,616,891" and replacing it with the figure "$154,591,891"; By removing the figure on page 8, line 7, "$28,123,869" and replacing it with the figure "$28,098,869"; By removing the figure on page 8, line 11, "$5,516,648" and replacing it with the figure "$5,491,648"; By removing the figure on page 8, line 11, "$5,485,447" and replacing it with the figure "$5,460,447"; By removing the figure on page 8, line 28, "$154,616,891" and replacing it with the figure "$154,591,891"; By removing the figure on page 8, line 28, "$28,123,869" and replacing it with the figure "$28,098,869"; And by removing from state funds budgeted for the Department of Agriculture budget unit on page 10, line 14, in Section 13 the figure "$35,953,832" and replacing it with the figure "$34,753,832"; "$-0-B"y; removing the figure on page 10, line 25, "$700,000" and replacing it with the figure By removing the figure on page 10, line 17, "$3,671,245" and replacing it with the figure "$3,171,245"; WEDNESDAY, FEBRUARY 28, 1990 1769 By removing the figure on page 11, line 15, "$45,306,472" and replacing it with the figure "$44,106,472"; By removing the figure on page 11, line 16, "$35,953,832" and replacing it with the figure "$34,753,832"; By removing the figure on page 11, line 24, "$1,545,422" and replacing it with the figure "$345,422"; By removing the figure on page 11, line 24, "$1,545,422" and replacing it with the figure "$345,422"; By removing the figure on page 11, line 32, "$45,306,472" and replacing it with the figure "$44,106,472"; By removing the figure on page 11, line 32, "$35,953,832" and replacing it with the figure "$34,753,832"; And by removing from state funds budgeted for the Department of Agriculture budget unit on page 10, line 14, in Section 13 the figure "$35,953,832" and replacing it with the figure "$35,948,832"; By removing the figure on page 11, line 1, "$40,000" and replacing it with the figure "$35,000"; By removing the figure on page 11, line 15, "$45,306,472" and replacing it with the figure "$45,301,472"; By removing the figure on page 11, line 16, "$35,953,832" and replacing it with the figure "$35,948,832"; By removing the figure on page 11, line 31, "$2,159,636" and replacing it with the figure "$2,154,636"; By removing the figure on page 11, line 31, "$1,884,681" and replacing it with the figure "$1,879,681"; By removing the figure on page 11, line 32, "$45,306,472" and replacing it with the figure "$45,301,472"; By removing the figure on page 11, line 32, "$35,953,832" and replacing it with the figure "$35,948,832"; And by removing from state funds budgeted for the Department of Community Affairs budget unit on page 13, line 3, in Section 15 the figure "$17,382,942" and replacing it with the figure "$17,282,942"; By removing the figure on page 13, line 17, "$1,673,000" and replacing it with the figure "$1,573,000"; By removing the figure on page 13, line 30, "$48,839,397" and replacing it with the figure "$48,739,397"; By removing the figure on page 13, line 31, "$17,382,942" and replacing it with the figure "$17,282,942"; By removing the figure on page 14, line 2, "$43,442,478" and replacing it with the figure "$43,342,478"; By removing the figure on page 14, line 2, "$12,363,423" and replacing it with the figure "$12,263,423"; By removing the figure on page 14, line 5, "$48,839,397" and replacing it with the figure "$48,739,397"; By removing the figure on page 14, line 5, "$17,382,942" and replacing it with the figure "$17,282,942"; And by removing from state funds budgeted for the Department of Community Affairs budget unit on page 13, line 3, in Section 15 the figure "$17,382,942" and replacing it with the figure "$17,332,942"; By removing the figure on page 13, line 22, "$192,000" and replacing it with the figure "$142,000"; 1770 JOURNAL OF THE SENATE By removing the figure on page 13, line 30, "$48,839,397" and replacing it with the figure "$48,789,397"; By removing the figure on page 13, line 31, "$17,382,942" and replacing it with the figure "$17,332,942"; By removing the figure on page 14, line 1, "$1,531,484" and replacing it with the figure "$1,481,484"; By removing the figure on page 14, line 1, "$1,356,295" and replacing it with the figure "$1,306,295"; By removing the figure on page 14, line 5, "$48,839,397" and replacing it with the figure "$48,789,397"; By removing the figure on page 14, line 5, "$17,382,942" and replacing it with the figure "$17,332,942"; And by removing from state funds budgeted for the Department of Community Affairs budget unit on page 13, line 3, in Section 15 the figure "$17,382,942" and replacing it with the figure "$17,332,942"; "$-0-B"y; removing the figure on page 13, line 22, "$50,000" and replacing it with the figure By removing the figure on page 13, line 30, "$48,839,397" and replacing it with the figure "$48,789,397"; By removing the figure on page 13, line 31, "$17,382,942" and replacing it with the figure "$17,332,942"; By removing the figure on page 14, line 2, "$43,442,478" and replacing it with the figure "$43,392,478"; By removing the figure on page 14, line 2, "$12,363,423" and replacing it with the figure "$12,313,423"; By removing the figure on page 14, line 5, "$48,839,397" and replacing it with the figure "$48,789,397"; By removing the figure on page 14, line 5, "$17,382,942" and replacing it with the figure "$17,332,942"; And by removing from state funds budgeted for the Department of Community Affairs budget unit on page 13, line 3, in Section 15 the figure "$17,382,942" and replacing it with the figure "$17,342,942"; By removing the figure on page 13, line 17, "$1,673,000" and replacing it with the figure "$1,633,000"; By removing the figure on page 13, line 30, "$48,839,397" and replacing it with the figure "$48,799,397"; By removing the figure on page 13, line 31, "$17,382,942" and replacing it with the figure "$17,342,942"; By removing the figure on page 14, line 2, "$43,442,478" and replacing it with the figure "$43,402,478"; By removing the figure on page 14, line 2, "$12,363,423" and replacing it with the figure "$12,323,423"; By removing the figure on page 14, line 5, "$48,839,397" and replacing it with the figure "$48,799,397"; By removing the figure on page 14, line 5, "$17,382,942" and replacing it with the figure "$17,342,942"; And by removing from state funds budgeted for the Department of Community Affairs budget unit on page 13, line 3, in Section 15 the figure "$17,382,942" and replacing it with the figure "$17,367,942"; By removing the figure on page 13, line 17, "$1,673,000" and replacing it with the figure "$1,658,000"; WEDNESDAY, FEBRUARY 28, 1990 1771 By removing the figure on page 13, line 30, "$48,839,397" and replacing it with the figure "$48,824,397"; By removing the figure on page 13, line 31, "$17,382,942" and replacing it with the figure "$17,367,942"; By removing the figure on page 14, line 2, "$43,442,478" and replacing it with the figure "$43,427,478"; By removing the figure on page 14, line 2, "$12,363,423" and replacing it with the figure "$12,348,423"; By removing the figure on page 14, line 5, "$48,839,397" and replacing it with the figure "$48,824,397"; By removing the figure on page 14, line 5, "$17,382,942" and replacing it with the figure "$17,367,942"; And by removing from state funds budgeted for Forestry Commission budget unit on page 21, line 9, in Section 20 the figure "$36,525,545" and replacing it with the figure "$36,450,545"; By removing the figure on page 21, line 20, "$310,000" and replacing it with the figure "$235,000"; By removing the figure on page 21, line 31, "$41,605,238 and replacing it with the figure "$41,530,238"; By removing the figure on page 21, line 32, "$36,525,545" and replacing it with the figure "$36,450,545"; By removing the figure on page 22, line 7, "$2,566,370" and replacing it with the figure "$2,491,370"; By removing the figure on page 22, line 7, "$2,566,370" and replacing it with the figure "$2,491,370"; By removing the figure on page 22, line 8, "$41,605,238" and replacing it with the figure "$41,530,238"; By removing the figure on page 22, line 8, "$36,525,545" and replacing it with the figure "$36,450,545"; And by removing from state funds budgeted for the Department of Governor's Office budget unit on page 23, line 4, in Section 22 the figure "$21,394,323" and replacing it with the figure "$21,354,323"; "$-0-B";y removing the figure on page 23, line 21, "$40,000" and replacing it with the figure By removing the figure on page 23, line 29, "$56,487,873" and replacing it with the figure "$56,447,873"; By removing the figure on page 23, line 30, "$21,394,323" and replacing it with the figure "$21,354,323"; By removing the figure on page 24, line 5, "$4,093,510" and replacing it with the figure "$4,053,510"; By removing the figure on page 24, line 5, "$3,574,510" and replacing it with the figure "$3,534,510"; By removing the figure on page 24, line 20, "$56,487,873" and replacing it with the figure "$56,447,873"; By removing the figure on page 24, line 20, "$21,394,323" and replacing it with the figure "$21,354,323"; And by removing from state funds budgeted for the Department of Industry and Trade 1772 JOURNAL OF THE SENATE budget unit on page 36, line 9, in Section 24 the figure "$18,090,947" and replacing it with the figure "$18,080,947"; By removing the figure on page 36, line 21, "$265,000" and replacing it with the figure "$255,000"; By removing the figure on page 37, line 9, "$19,081,071" and replacing it with the figure "$719,071,071"; By removing the figure on page 37, line 10, "$18,090,947" and replacing it with the figure "$18,080,947"; By removing the figure on page 37, line 16, "$8,334,121" and replacing it with the figure "$8,324,121"; By removing the figure on page 37, line 16, "$8,313,997" and replacing it with the figure "$8,303,997"; By removing the figure on page 37, line 17, "$19,081,071" and replacing it with the figure "$19,071,071"; By removing the figure on page 37, line 17, "$18,090,947" and replacing it with the figure "$18,080,947"; And by removing from state funds budgeted for the Department of Industry, Trade and Tourism budget unit on page 36, line 10, in Section 24 the figure "$18,090,947" and replac ing it with the figure "$18,085,947"; By removing the figure on page 37, line 6, "$25,000" and replacing it with the figure "$20,000"; By removing the figure on page 37, line 9, "$19,081,071" and replacing it with the figure "$19,076,071"; By removing the figure on page 37, line 10, "$18,090,947" and replacing it with the figure "$18,085,947"; By removing the figure on page 37, line 14, "$5,642,430" and replacing it with the figure "$5,637,430"; By removing the figure on page 37, line 14, "$4,832,430" and replacing it with the figure "$4,827,430"; By removing the figure on page 37, line 17, "$19,081,071" and replacing it with the figure "$19,076,071"; By removing the figure on page 37, line 17, "$18,090,947" and replacing it with the figure "$18,085,947"; And by removing from state funds budgeted for the Department of Industry, Trade and Tourism budget unit on page 36, line 10, in Section 24 the figure "$18,090,947" and replac ing it with the figure "$18,085,947"; By removing the figure on page 37, line 4, "$53,000" and replacing it with the figure "$48,000"; By removing the figure on page 37, line 9, "$19,081,071" and replacing it with the figure "$19,076,071"; By removing the figure on page 37, line 10, "$18,090,947" and replacing it with the figure "$18,085,947"; By removing the figure on page 37, line 14, "$5,642,430" and replacing it with the figure "$5,637,430"; By removing the figure on page 37, line 14, "$4,832,430" and replacing it with the figure "$4,827,430"; WEDNESDAY, FEBRUARY 28, 1990 1773 By removing the figure on page 37, line 17, "$19,081,071" and replacing it with the figure "$19,076,071"; By removing the figure on page 37, line 17, "$18,090,947" and replacing it with the figure "$18,085,947"; And by removing from state funds budgeted for the Department of Industry, Trade and Tourism budget unit on page 36, line 10, in Section 24 the figure "$18,090,947" and replac ing it with the figure "$18,085,947"; By removing the figure on page 36, line 32, "$35,000" and replacing it with the figure "$30,000"; By removing the figure on page 37, line 9, "$19,081,071" and replacing it with the figure "$19,076,071"; By removing the figure on page 37, line 10, "$18,090,947" and replacing it with the figure "$18,085,947"; By removing the figure on page 37, line 14, "$5,642,430" and replacing it with the figure "$5,637,430"; By removing the figure on page 37, line 14, "$4,832,430" and replacing it with the figure "$4,827,430"; By removing the figure on page 37, line 17, "$19,081,071" and replacing it with the figure "$19,076,071"; By removing the figure on page 37, line 17, "$18,090,947" and replacing it with the figure "$18,085,947"; And by removing from state funds budgeted for the Department of Natural Resources budget unit on page 41, line 24, in Section 30 the figure "$77,330,932" and replacing it with the figure "$77,130,932"; By removing the figure on page 42, line 4, "$550,000" and replacing it with the figure "$350,000"; By removing the figure on page 43, line 17, "$102,840,080" and replacing it with the figure "$102,640,080"; By removing the figure on page 43, line 23, "$77,330,932" and replacing it with the figure "$77,130,932"; By removing the figure on page 43, line 29, "$37,248,324" and replacing it with the figure "$37,048,324"; By removing the figure on page 43, line 29, "$21,726,049" and replacing it with the figure "$21,526,049"; By removing the figure on page 43, line 32, "$102,840,080" and replacing it with the figure "$102,640,080"; By removing the figure on page 43, line 32, "$77,330,932" and replacing it with the figure "$77,130,932"; And by removing from state funds budgeted for the Department of Natural Resources budget unit on page 41, line 24, in Section 30 the figure "$77,330,932" and replacing it with the figure "$77,320,932"; By removing the figure on page 42, line 21, "$50,000" and replacing it with the figure "$40,000"; By removing the figure on page 43, line 17, "$102,840,080" and replacing it with the figure "$102,830,080"; By removing the figure on page 43, line 23, "$77,330,932" and replacing it with the figure "$77,320,932"; 1774 JOURNAL OF THE SENATE By removing the figure on page 43, line 26, "$8,547,168" and replacing it with the figure "$8,537,168"; By removing the figure on page 43, line 26, "$6,268,605" and replacing it with the figure "$6,258,605"; By removing the figure on page 43, line 32, "$102,840,080" and replacing it with the figure "$102,830,000"; By removing the figure on page 43, line 32, "$77,330,932" and replacing it with the figure "$77,320,932"; And by removing from state funds budgeted for the Department of Natural Resources budget unit on page 41, line 24, in Section 30 the figure "$77,330,932" and replacing it with the figure "$77,102,801"; By removing the figure on page 41, line 27, "$59,707,200" and replacing it with the figure "$59,479,069"; By removing the figure on page 43, line 17, "$102,840,080" and replacing it with the figure "$102,611,080"; By removing the figure on page 43, line 17, "$77,330,932" and replacing it with the figure "$77,102,801"; By removing the figure on page 43, line 29, "$37,248,324" and replacing it with the figure "$37,020,193"; By removing the figure on page 43, line 29, "$21,726,049" and replacing it with the figure "$21,497,918"; By removing the figure on page 43, line 17, "$102,840,080" and replacing it with the figure "$102,611,080"; By removing the figure on page 43, line 17, "$77,330,932" and replacing it with the figure "$77,102,801"; And by removing from state funds budgeted for the Department of Natural Resources budget unit on page 47, line 22, in Section 33 the figure "$7,830,791" and replacing it with the figure "$7,822,701"; By removing the figure on page 47, line 26, "$244,500" and replacing it with the figure "$236,410"; By removing the figure on page 48, line 2, "$9,330,222" and replacing it with the figure "$9,322,132"; By removing the figure on page 48, line 3, "$7,830,791" and replacing it with the figure "$7,822,701"; By removing the figure on page 48, line 7, "$3,198,241" and replacing it with the figure "$3,190,151"; By removing the figure on page 48, line 7, "$1,857,254" and replacing it with the figure "$1,849,164"; By removing the figure on page 48, line 9, "$9,330,222" and replacing it with the figure "$9,322,132"; By removing the figure on page 48, line 9, "$7,830,791" and replacing it with the figure "$7,822,701"; And by removing from state funds budgeted for the Board of Regents, a. budget unit: resident instruction on page 48, line 12, in Section 34 the figure "$787,069,025" and replac ing it with the figure "$786,969,025"; By removing the figure on page 48, line 15, "$819,822,974" and replacing it with the figure "$819,742,974"; WEDNESDAY, FEBRUARY 28, 1990 1775 By removing the figure on page 48, line 18, "$219,705,743" and replacing it with the figure "$219,685,743"; By removing the figure on page 48, line 29, "$1,289,660,717" and replacing it with the figure "$1,289,560,717"; By removing the figure on page 49, line 2, "$787,069,025" and replacing it with the figure "$786,969,025"; And by removing from state funds budgeted for the Department of Secretary of State budget unit on page 52, line 19, in Section 36 the figure "$22,159,846" and replacing it with the figure "$22,008,846"; By removing the figure on page 52, line 28, "$740,856" and replacing it with the figure "$589,856"; By removing the figure on page 52, line 31, "$22,159,846" and replacing it with the figure "$22,008,846"; By removing the figure on page 52, line 32, "$22,159,846" and replacing it with the figure "$22,008,846"; By removing the figure on page 53, line 11, "$7,403,556" and replacing it with the figure "$7,252,556"; By removing the figure on page 53, line 11, "$7,403,556" and replacing it with the figure "$7,252,556"; By removing the figure on page 53, line 12, "$22,159,846" and replacing it with the figure "$22,008,846"; and By removing the figure on page 53, line 12, "$22,159,846" and replacing it with the figure "$22,008,846". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Burton Clay Land Newbill Phillips Ragan of 32nd Stumbaugh Those voting in the negative were Senators: Albert Allgood Baldwin Bowen Brannon Broun Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill Howard Muggins Johnson Kennedy Kidd Langford Olmstead Parker Peevy Pollard Ragan of 10th Ray Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker 1776 JOURNAL OF THE SENATE Those not voting were Senators: Garner Harris McKenzie Perry Scott of 2nd On the adoption of the amendment, the yeas were 9, nays 42, and the amendment of fered by Senators Phillips of the 9th, Newbill of the 56th and Collins of the 17th was lost. Senator Ragan of the 32nd offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by deleting "$50,000" for the Music Hall of Fame on page 13, line 22, and inserting in its place "0", and adding "$50,000" to funding for step L-5 veteran teachers pay on page 79, beginning on line 4, cost of living and other increases. 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: Burton Clay Collins Land Newbill Those voting in the negative were Senators: Phillips Ragan of 32nd Allgood Baldwin Barker Barnes BB.orawnennon DfLvoalweZkmiLnans jjea] Dean Echols Edge Egan English Engram Fincher Foster Fuller GHialmlismill HHTTouw^alrnds Johnson Kennedy Kidd Langford Olmstead Parker Those not voting were Senators: Perry Pollard Ragan of 10th Ray SShcoutmt aokfe36th SS,,,ttuarmrb. augh. Tate Taylor Timmons Turner Tysinger Walker Albert Garner Harris McKenzie Peevy Scott of 2nd On the adoption of the amendment, the yeas were 7, nays 43, and the amendment of fered by Senator Ragan of the 32nd was lost. Senator Newbill of the 56th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by deleting "$10,000." for the Cartersville Welcome Center on page 36, line 21, and adding a like sum to the Department of Education for the L-5 veteran teachers pay step. WEDNESDAY, FEBRUARY 28, 1990 1777 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 Burton Collins Egan Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Allgood Barker Barnes Bowen Brannon Broun Clay Coleman Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Gillis Hammill Howard Muggins Johnson Kennedy Kidd Langford Olmstead Parker Perry Pollard Ragan of 10th Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Garner Harris McKenzie Peevy Scott of 2nd On the adoption of the amendment, the yeas were 8, nays 42, and the amendment of fered by Senator Newbill of the 56th was lost. Senator Newbill of the 56th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by deleting "$5,000." for Music Week from page 37, line 4, and adding a like sum to the L 5 veteran teachers pay step in the Department of Education. 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 Burton Collins Egan Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Allgood Barker Barnes Bowen Broun Clay Coleman Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kennedy Kidd Langford Olmstead Parker Peevy Perry Pollard 1778 JOURNAL OF THE SENATE Ragan of 10th Ray Scott of 36th Shumake Starr Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Brannon Garner Harris McKenzie Scott of 2nd Stumbaugh Tate Taylor On the adoption of the amendment, the yeas were 8, nays 39, and the amendment of fered by Senator Newbill of the 56th was lost. Senator Newbill of the 56th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by deleting "$25,000." for Southern Forest World on page 21, line 25, and adding a like sum to partially fund a L-5 veteran teachers pay step in the Department of Education. 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: Burton Collins Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Albert Allgood Barker Barnes Bowen roun CD,, oa^wlyekminans pj eaj Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill HuKuogwgamrds Johnson Kennedy Kidd Langford Olmstead Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 36th SoS^htaurmr ake Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Brannon Fincher Harris McKenzie Scott of 2nd Taylor On the adoption of the amendment, the yeas were 6, nays 43, and the amendment of fered by Senator Newbill of the 56th was lost. Senator Newbill of the 56th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by deleting "$40,000." for Art Acquisitions from page 23, line 21, and adding a like amount to partially fund a L-5 veteran teachers pay step in the Department of Education. WEDNESDAY, FEBRUARY 28, 1990 1779 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: Barnes Burton Clay Collins Land Newbill Peevy Phillips Those voting in the negative were Senators: Albert Allgood Barker Bowen Broun ^oleman Dj, aw, kms Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill ,,Howard. Huggins Kennedy Kidd Langford Olmstead Parker Perry Pollard Ragan of 10th Ray Scott of 36th Shumake oS*tarr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Brannon Harris Johnson McKenzie Ragan of 32nd Scott of 2nd Taylor On the adoption of the amendment, the yeas were 8, nays 40, and the amendment of fered by Senator Newbill of the 56th was lost. Senator Newbill of the 56th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by deleting "$228,131." for new golf courses at Georgia Veterans and Gordonia-Altamaha State Parks on page 43 and adding a like sum to partially fund an L 5 veteran teachers pay step in the Department of Education. 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: Baldwin Barnes Burton Clay Collins Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Allgood Barker Bowen Broun Coleman Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster 1780 JOURNAL OF THE SENATE Fuller Garner Gillis fHforwmard. Huggins Kennedy Kidd Langford McKenzie Olmstead Parker Perry' Pollard Ragan of 10th Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Albert Brannon Hammill Johnson Land Peevy Scott of 2nd Taylor On the adoption of the amendment, the yeas were 8, nays 40, and the amendment of fered by Senator Newbill of the 56th was lost. Senator Newbill of the 56th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by deleting "$10,000." for the Sports Hall of Fame from page 42, line 21, and adding a like sum to partially fund a L-5 veteran teachers pay step in the Department of Education. 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: Barnes Burton Collins Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Albert Allgood Baldwin Barker Bowen Broun Clay Coleman Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Langford McKenzie Olmstead Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Brannon Johnson Scott of 2nd Taylor WEDNESDAY, FEBRUARY 28, 1990 1781 On the adoption of the amendment, the yeas were 7, nays 45, and the amendment of fered by Senator Newbill of the 56th was lost. Senator Burton of the 5th offered the following amendment: Amend the substitute to HB 1314 offered by the Senate Committee on Appropriations by deleting "$100,000." for the Apex Museum from page 13, line 31, and adding a like sum to the Department of Education for an L-5 veteran teachers pay step. 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: Burton Collins Land Newbill Phillips Ragan of 32nd Those voting in the negative were Senators: Albert Allgood Baldwin Barker Barnes Bwen ^.roun Clay Coleman Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gfflis SanTlU Harris Howard Huggins Kennedy Kidd Langford Olmstead Parker Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Q ^tarr , Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Brannon Dawkins Johnson McKenzie Peevy Timmons On the adoption of the amendment, the yeas were 6, nays 44, and the amendment of fered by Senator Burton of the 5th was lost. 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 Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols 1782 JOURNAL OF THE SENATE Edge Egan English Engrain Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Langford McKenzie 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 Walker Those not voting were Senators: Brannon Johnson Newbill Stumbaugh Timmons On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Starr of the 44th moved that HB 1314 be immediately transmitted to the House. On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1314 was imme diately transmitted to the House. Senator Phillips introduced the doctor of the day, Dr. Lawrence Kaplan, of Lawrenceville, Georgia. Senator English of the 21st introduced Honorable Zollie R. Compton, Sheriff of Jeffer son County, Georgia, who, having been commended by SR 459 adopted previously, briefly addressed the Senate. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 429. By Senator Barker of the 18th: A resolution commending the Houston County Health Department. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford Newbili WEDNESDAY, FEBRUARY 28, 1990 1783 Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Shumake Stumbaugh Tate Taylor * lurner Tysinger Those not voting were Senators: Baldwin Bowen Coleman Egan English Engram Fincher Land McKenzie Olmstead Scott of 2nd Scott of 36th Starr Timmons Walker On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon: HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th and others: A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or cer tified under such chapter. The Conference Committee report on HB 702 was as follows: The Committee of Conference on HB 702 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 702 be adopted. Respectfully submitted, FOR THE SENATE: /a/ Pierre Howard Senator, 42nd District /s/ Hugh M. Gillis Senator, 20th District /s/ Harold J. Ragan Senator, 10th District FOR THE HOUSE OF REPRESENTATIVES: /s/ George F. Green Representative, 106th District /s/ E. M. Childers Representative, 15th District /s/ Bobby E. Parham Representative, 105th District Conference Committee substitute to HB 702: A BILL To be entitled an Act to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, physician's assist ants, and respiratory care, so as to authorize the Composite State Board of Medical Examin ers to require continuing education programs for persons licensed or certified under such chapter; to provide for procedures; to require a minimum number of hours of continuing education; to provide for approval of certain courses; to provide for waivers; to provide for 1784 JOURNAL OF THE SENATE authority of the board; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, physician's assistants, and respiratory care, is amended by adding at the end thereof a new Code section, to be designated Code Section 43-34-3, to read as follows: "43-34-3. (a) The board shall be authorized to require persons seeking renewal of a license or certificate under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, includ ing, but not limited to, the American Medical Association, the National Medical Associa tion, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or in cases where physicians or physicians' assistants are serving in fellowships, new specialty residencies, postgraduate specialty programs, the United States Congress, or under such other circumstances as the board deems appropriate. (c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on HB 702. 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 BCluaryton Collins Dawkins Deal Dean Echols Edge Egan Engram Foster Fuller Garner Gillis Hammill Harris HHuogwgairnds Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th R of 32nd p. 0Sco.t.t of, 3,,,,6,t,h taTM , Stumbaugh TaXlor Timmons Turner Tysinger Walker Those not voting were Senators: Broun Coleman English Fincher Land Parker Scott of 2nd Shumake Tate WEDNESDAY, FEBRUARY 28, 1990 1785 On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 702. The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon: SB 478. By Senators Pollard of the 24th, Turner of the 8th, Garner of the 30th and others: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date. The Conference Committee report on SB 478 was as follows: The Committee of Conference on SB 478 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 478 be adopted. Respectfully submitted, FOR THE SENATE: Isl G. B. Pollard Senator, 24nd District Is/ Bill English Senator, 21st District /s/ Loyce W. Turner Senator, 8th District FOR THE HOUSE OF REPRESENTATIVES: la/ Larry J. Parrish Representative, 109th District /s/ Denny M. Dobbs Representative, 74th District Is/ Robert L. Patten Representative, 149th District Conference Committee substitute to SB 478: A BILL To be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," as enacted by Senate Bill 533 adopted at the 1990 regular session of the General Assembly, so as to provide for permits for biomedical waste thermal treatment technology facilities; to provide for applicability and exceptions; to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain municipal solid waste landfills and permits therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," as enacted by Sen ate Bill 533 adopted at the 1990 regular session of the General Assembly, is amended by adding at the end of Code Section 12-8-23.1, relating to the powers and duties of the direc tor of the Environmental Protection Division of the Department of Natural Resources, a new subsection (c) to read as follows: "(c) (1) No permit for a biomedical waste thermal treatment technology facility shall be issued by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility by showing that there is not presently in existence within the 1786 JOURNAL OF THE SENATE state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this article, 'biomedical waste thermal treatment technology facility' means any facility the purpose of which is to reduce the amount of bi omedical waste to be disposed of through a process of combustion, with or without the pro cess of waste to energy. (2) Paragraph (1) of this subsection shall not apply to any biomedical waste treatment facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste treatment facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste treatment facility which is permitted but not included in a local or re gional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any biomedical waste which is to be no longer dis posed of by the private biomedical waste generator in its own biomedical waste treatment facility prior to any substantial reduction in the amount of biomedical waste accepted by the biomedical waste treatment facility or its closure." Section 2. Said part is further amended by striking Code Section 12-8-25.2, relating to sites within certain distances of significant ground-water recharge areas, and substituting in lieu thereof a new Code Section 12-8-25.2 to read as follows: "12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a signifi cant ground-water recharge area unless such municipal solid waste landfill will have a liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director. This Code section shall not apply to any proposed municipal solid waste landfill for a municipal or county government for which the director of the Environmental Protection Division of the Department of Natural Resources has is sued a site acceptability letter prior to March 15, 1989, if such site acceptability letter did not require a liner and leachate collection system; provided, however, that the governing authority of the municipality may adopt a resolution requiring a liner and leachate collec tion system for its proposed municipal solid waste landfill prior to the date on which a permit is issued and the governing authority of the county may adopt a resolution requiring a liner and leachate collection system for its proposed municipal solid waste landfill prior to the date on which a permit is issued." Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall only become effective if SB 533 is passed, becomes law, and becomes effective before this Act is approved by the Governor or becomes law without such approval; otherwise this Act shall be void and shall be repealed in its entirety effective July 1, 1990. Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Pollard of the 24th moved that the Senate adopt the Conference Committee report on SB 478. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English WEDNESDAY, FEBRUARY 28, 1990 1787 Engram Fincher Foster Fuller Garner HHaamrrims ill Howard Huggins Kennedy Kidd Langford Newbill Olmstead Parker PPeeerrvyy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake ,, T* iamtemons Turner Tysinger Walker Those not voting were Senators: Coleman Gillis Johnson Land McKenzie Scott of 2nd Starr Stumbaugh Taylor On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 478. ; The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. The House substitute to SB 508 was as follows: A BILL To be entitled an Act 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 per mitted investments of the authority; to define certain terms; 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; to provide that the authority may create subsidiary nonprofit corporations constituting subsidiary authorities; to establish the purposes of and procedures for creation of such subsidiary authorities; to clarify the purposes for which the authority may make loans to qualified housing sponsors or public bodies; to change the provisions related to issuance of bonds by the authority; to clarify that property acquired by a subsidi ary authority shall be accorded the same treatment as that acquired by the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, is amended by striking the word "and" at the end of paragraph (10) of subsection (a) of Code Section 8-3-171, relating to legislative findings, and by striking the period at the end of paragraph (11) of subsection (a) of said Code section and inserting in lieu thereof a semicolon and the word 1788 JOURNAL OF THE SENATE "and", and by adding at the end of said subsection (a) a new paragraph (12) to read as follows: "(12) That, in order to ensure a system of affordable housing and a system of affordable housing finance, it is a valid public purpose to make provision for the acquisition, comple tion, rehabilitation, management through contract, and disposal of residential properties of fered for sale by any agency or corporation of the United States government by the author ity or any subsidiary nonprofit corporation created by the authority; provided, however, that no such residential properties shall be acquired by any subsidiary nonprofit corporation of the authority after December 31, 1995." Section 2. Said part is further amended by striking subsection (b) of Code Section 8-3171, relating to legislative findings, in its entirety and inserting in lieu thereof a new subsec tion (b) to read as follows: "(b) In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare, to provide or to assist in providing housing for such low or moderate income families and persons who would otherwise be unable to obtain ade quate dwellings which they could afford, to assist in providing residential care facilities for the mentally disabled and the elderly, and to provide financial assistance to the elderly homeowner to the extent of the homeowner's equity in his or her residence. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of developing and stimulating commercial and industrial operations in certain areas of the state, to assist in providing dwelling accom modations for persons, regardless of income, who are determined eligible by the authority as a means of addressing the housing shortage problem described in paragraphs (6), (7), and (8) of subsection (a) of this Code section. Further, in accordance with the findings, determi nations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of decreasing residential energy use so as to make available more energy for trade, commerce, industry, and employment opportunities, to assist in the financing of residential energy-conserving systems, measures, and devices and to otherwise provide financial assis tance to persons and families so that they may obtain affordable and available public utili ties for their residences." Section 3. Said part is further amended by adding a new paragraph 4.1 to Code Section 8-3-172, relating to definitions, to read as follows: "(4.1) 'Complete,' 'completion,' or 'completing' means finishing construction of a project in which at least 10 percent of the total projected final construction costs for every individ ual housing unit shall have already been incurred, excluding costs of land or site develop ment. This definition shall apply only in connection with paragraph (12) of subsection (a) of Code Section 8-3-171, paragraphs (5), (8), and (15) of Code Section 8-3-176, and paragraph (1) of subsection (a) of Code Section 8-3-180." Section 4. Said part is further amended by striking paragraph (5) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: "(5) To acquire, complete or rehabilitate, hold, manage through contract, and dispose of real and personal property for its corporate purposes. For purposes of the preceding sen tence, the term 'hold' shall mean for a period of time not to exceed 18 months from the date of acquisition for single-family residential properties and a period of time not to exceed 24 months from the date of acquisition for multifamily properties unless disposal of any such property would create an economic hardship for the Georgia Residential Finance Authority;" Section 5. Said part is further amended by striking paragraph (14) of subsection (a) of WEDNESDAY, FEBRUARY 28, 1990 1789 Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (14) to read as follows: "(14) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of tVie United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit In surance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agen cies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agree ments, rate guarantee agreements, investment agreements, or other similar banking arrange ments with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer or corporate parent of a wholly owned subsidi ary that constitutes a government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to regulation by the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Hold ing Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar bank- 1790 JOURNAL OF THE SENATE ing arrangement shall permit the moneys so placed to be available for use at the time pro vided with respect to the investment or reinvestment of such moneys; and (G) Any and all other obligations of investment grade quality having a credit rating from a nationally recognized rating service of at least one of the three highest rating catego ries available and having a nationally recognized market including, but not limited to, collateralized mortgage obligations; owner trusts offering collateralized mortgage obligations; guaranteed investment contracts offered by any firm, agency, business, governmental unit, bank, insurance company, corporation chartered by the United States Congress, or other entity; real estate mortgage investment conduits; mortgage obligations; mortgage pools; and pass-through securities;" Section 6. Said part is further amended by striking paragraph (15) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (15) to read as follows: "(15) To acquire or contract to acquire from any person, firm, corporation, municipal ity, or federal or state agency, by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to complete or rehabilitate, hold, manage through contract, sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same. Nothing in this part shall be deemed to impede the operation and effect of local zoning, building, and housing ordinances; ordinances relating to subdivision control, land development, or fire prevention; or other ordinances having to do with housing or the development thereof. For purposes of the preceding sentence, the term 'hold' shall mean for a period of time not to exceed 18 months from the date of acquisition for single-family residential properties and a period of time not to exceed 24 months from the date of acqui sition for multifamily properties unless disposal of any such property would create an eco nomic hardship for the Georgia Residential Finance Authority;" Section 7. Said part is further amended by striking subsection (d) of Code Section 8-3176, relating to powers of the Georgia Residential Finance Authority, and by inserting in lieu thereof a new subsection (d) to read as follows: "(d) With respect to the sale of a new qualified mortgage bonds, at the time of original issuance of such bonds, at least one-third of the total proceeds available for mortgage loans shall be set aside to finance single-family housing units in the metropolitan statistical areas of this state and one-third of the total proceeds available for mortgage loans shall be set aside to finance single-family housing units outside of the metropolitan statistical areas of this state. The time period for the geographic set-asides shall be as provided in the bond documents but in no event shall such time period for the set-asides be less than four months from the date of issuance of the bonds. For the purpose of this geographic distribution re quirement, no county with a population of less than 50,000 shall be considered as being within a metropolitan statistical area of this state. No geographic distribution requirement shall apply to multifamily housing units financed by the authority. No geographic distribu tion requirement shall apply to refunding bonds or recycled proceeds." Section 8. Said part is further amended by adding two new subsections to be designated as subsections (g) and (h) at the end of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, to read as follows: "(g) The authority shall have the power to borrow money and to issue bonds regardless of whether the interest payable by the authority incident to such loans or revenue bonds or income derived by the holders of the evidence of such indebtedness or revenue bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such pay ments or is not otherwise not exempt from the imposition of such taxation on the recipient. (h) (1) The authority may incorporate one or more nonprofit corporations constituting subsidiary authorities and instrumentalities of the authority under this part for the pur poses of carrying out any of the powers of the authority including but not limited to acquir ing, completing, holding, maintaining, managing through contract, constructing, rehabilitat ing, leasing, selling, or otherwise disposing of property acquired to promote affordable WEDNESDAY, FEBRUARY 28, 1990 1791 housing and a system of affordable housing finance with the sole exception of the issuance of bonds. For purposes of the preceding sentence, the term 'hold' shall mean for a period of time not to exceed 18 months from the date of acquisition for single-family residential properties and a period of time not to exceed 24 months from the date of acquisition for multifamily properties unless disposal of any such property would create an economic hard ship for the Georgia Residential Finance Authority. Any such subsidiary authority shall be a nonprofit corporation and shall be deemed to be a public body, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental func tions. Membership on the board of directors of the authority and on the board of directors of any such subsidiary authority shall not constitute a conflict of interest. (2) (A) Any such subsidiary authority shall be formed by filing articles of incorporation with the Secretary of State. The chairperson and executive director of the authority shall act as the incorporators of any such subsidiary authority. (B) The articles of incorporation for any such subsidiary authority shall provide, in part, that the sole members and the directors of the subsidiary authority shall be selected and appointed by the authority from the members of the authority. The articles of incorpo ration may not be filed unless they are approved by a majority of the members of the au thority. The articles of incorporation for any such subsidiary authority shall provide that, upon dissolution of any such subsidiary authority, any assets shall revert to the authority or to any successor to the authority, or failing such succession, to the State of Georgia. (C) Amendments to the articles of incorporation of a subsidiary authority may only be filed if approved by the authority. No amendment shall impair the obligation of any con tract. Each amendment shall be adopted and executed in the same manner as the original articles of incorporation. At any time, members of the authority may direct any such subsid iary authority to adopt a resolution to dissolve the subsidiary authority and to cease promptly the conduct of affairs except as may be necessary for the winding up of such affairs. (3) Any such subsidiary authority shall adopt, and may from time to time amend, by laws providing for the regulation of the affairs of the subsidiary authority. Except for the issuance of bonds, any subsidiary authority may exercise any and all powers conferred upon the authority. It may adopt an official seal and alter it at its discretion, maintain offices at places as it designates, sue and be sued in its own name, procure insurance, and generally do all things necessary or convenient to the carrying out of the purposes of its incorporation. (4) Any such subsidiary authority shall be subject to Article 4 of Chapter 18 of Title 50, relating to inspection of public records, and Chapter 14 of Title 50, relating to open and public meetings. (5) The authority shall not be liable for the debts or obligations or for any actions or inactions of a subsidiary authority unless the authority expressly agrees otherwise. (6) The authority may make loans or grants and provide technical assistance to any subsidiary authority formed pursuant to this Code section to enable the subsidiary authority to carry out any of its purposes. (7) The income of any subsidiary authority shall be applied to its public purposes and essential governmental functions or shall be paid to the authority to be applied to its public purposes and essential governmental functions on behalf of the state." Section 9. Said part is further amended by striking subsections (a) and (b) of Code Section 8-3-177, relating to the loans by the authority, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) The authority may make loans to qualified housing sponsors or public bodies or agencies for the financing, acquisition, construction, or rehabilitation of such residential housing in the State of Georgia as in the judgment of the authority has promise of supply ing, on a rental, cooperative, or home ownership basis, adequately designed housing for eligi ble persons and families. Such loans may be for development costs and construction financ- 1792 JOURNAL OF THE SENATE ing and, in the case of qualified housing sponsors and public bodies or agencies, may also be for permanent financing, subject to regulation with respect to rents, profits, distributions, and disposition of property in accordance with the rules of the authority. No such loans shall be made unless the authority finds that the construction or rehabilitation will be un dertaken in an economical manner and that it will not be of elaborate design or materials. The ratio of loan amount to development cost and the amortization period of loans made by the authority under this subsection shall be determined in accordance with rules promul gated and published by the authority. (b) (1) The authority may make loans to qualified housing sponsors for the financing, acquisition, construction, or rehabilitation of housing units for sale or rent to individual purchasers who are eligible persons and families as provided by the authority in its rules and to any such individual purchaser for the long-term financing of a housing unit. The ratio of loan amount to development cost and the amortization period of loans made by the authority under this subsection shall be determined in accordance with rules promulgated and published by the authority. (2) While such loan is outstanding, any sale of any housing unit financed by such loan by the qualified housing sponsor shall be subject to approval by the authority; and the au thority shall provide in its rules concerning such sales and resales that the price of the housing unit sold, the method of making payments thereafter, the security afforded, and the interest rate, fees, and charges to be paid shall at all times be sufficient to permit the au thority to make the payments on its bonds and notes plus any administrative or other costs of the authority in connection with the transactions. Housing units shall be sold under terms that provide for monthly payments including principal, interest, taxes, and insurance. (3) While such loan is outstanding, the authority shall, prior to the approval of the sale of any such housing unit by the qualified housing sponsor, satisfy itself that such sale is to or for the benefit of eligible persons and families. (4) Upon the sale by the qualified housing sponsor of any housing unit to an individual purchaser under this subsection to whom a loan is being made by the authority, such hous ing unit shall be released from the mortgage running from the qualified housing sponsor to the authority; and such mortgage may be replaced as to the housing unit by a mortgage running from the individual purchaser to the authority." Section 10. Said part is further amended by striking paragraph (1) of subsection (a) of Code Section 8-3-180, relating to issuance of bonds by the Georgia Residential Finance Au thority, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) The authority shall have the power and is authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving the corporate pur poses thereof, including, but not limited to, the making, purchasing, participation in mak ing, and purchasing of participations in mortgage loans for the acquisition, construction, or rehabilitation of residential housing for eligible persons and families and for the acquisition, construction, or rehabilitation of community facilities appurtenant thereto; for the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, preservation, construction, or rehabilitation of residential care facilities for the mentally disabled and residential care facilities for the elderly; and for the acquisition of construction loan certificates and project loan certificates to finance the making of mortgage loans in connection with acquisition, construction, or rehabilitation of residential rental housing; to finance the making of mortgage loans in connection with the refinancings of residential rental housing; to finance the making, purchasing, participation in making, and purchasing of participations of home equity conversion mortgages for the elderly; to acquire, complete, rehabilitate, and provide for the operation of residential housing, including pro viding for management through contract, for eligible persons and families and community facilities appurtenant thereto; the payment of interest on bonds of the authority; the estab lishment of reserves to secure such bonds; and all other expenditures of the authority inci dent to and necessary or convenient to carry out its corporate purposes and powers." WEDNESDAY, FEBRUARY 28, 1990 1793 Section 11. Said part is further amended by striking Code Section 8-3-186, relating to exemptions from taxation for property of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new Code Section 8-3-186 to read as follows: "8-3-186. As the authority or any subsidiary authority created by the authority will be performing essential government functions in the exercise of the powers conferred upon it by this part, this state covenants with the authority and the holders of the authority's bonds and notes that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or by a subsidiary authority created by the authority or under the jurisdiction, control, possession, or supervision of the authority or any subsidiary au thority created by the authority, or upon the activities of the authority or any subsidiary authority created by the authority in the operation or maintenance of any facilities main tained or acquired by the authority or any subsidiary authority created by the authority, or upon any fees, rentals, or other charges for the use of such facilities, or upon any other income received by the authority or any subsidiary authority created by the authority, and that the bonds and notes of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided in this Code section shall not extend to tenants or lessees of the authority or to tenants or lessees of any subsidiary authority created by the authority and shall not include exemp tions from sales and use taxes on property purchased by the authority or any subsidiary authority created by the authority or for use by the authority or any subsidiary authority created by the authority." Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13. All laws and parts of laws in conflict with this Act are repealed. Senator Turner of the 8th moved that the Senate agree to the House substitute to SB 508. 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 Broun0" Burton QJ Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammi11 Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Coleman Collins Gillis Harris Howard Land Parker Shumake Taylor Timmons 1794 JOURNAL OF THE SENATE On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 508. The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon: 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 Conference Committee report on HB 1105 was as follows: The Committee of Conference on HB 1105 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1105 be adopted. Respectfully submitted, FOR THE SENATE: /a/ Bill English Senator, 21st District /s/ Harold J. Ragan Senator, 10th District /s/ Earl Echols, Jr. Senator, 6th District FOR THE HOUSE OF REPRESENTATIVES: /a/ Tommy Smith Representative, 152nd District /s/ Diane Harvey Johnson Representative, 123rd District /s/ Robert Ray Representative, 98th District Conference Committee substitute to HB 1105: A BILL To be entitled an Act 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; to provide that the purpose of such fund is to encourage economic development and to make available to consumers emerging crops grown in Georgia; to provide that such fund shall be adminis tered by the Georgia Development Authority; to provide for the powers of the authority in connection therewith; to provide for appropriations and other sources of funds for the emerging crops fund; to designate emerging crops; to provide procedures for paying interest on certain loans made to farmers; to provide for the repayment of loans made to pay inter est on loans made to farmers; to provide for other matters relative to the foregoing; to pro vide that this Act shall become effective on a certain date only upon the ratification of a certain amendment to the Constitution at the 1990 general election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding immediately following Chapter 8 a new Chapter 8A to read as follows: WEDNESDAY, FEBRUARY 28, 1990 1795 "CHAPTER 8A 2-8A-1. This chapter shall be known and may be cited as the 'Emerging Crops Fund Act.' 2-8A-2. The purpose of this chapter is to promote economic development by encourag ing the production of plant or animal crops in Georgia which have not been produced com mercially to their full potential, to encourage farmers of this state to shift from enterprises with low-profit margins to those with higher profit margins, and to make available to con sumers emerging crops grown in Georgia. 2-8A-3. As used in this chapter, the term: (1) 'Emerging crop' means a plant or animal crop for which consumers have a growing demand, which has potential for economic development, which has a development time from beginning of production to commercial harvest or initial sale of the product of not less than 18 months nor more than five years, and which has been designated an emerging crop by the Georgia Development Authority or by Code Section 2-8A-4. (2) 'Farmer' means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term shall include individuals, family-farm corporations meeting the requirements of paragraph (2) of subsec tion (b) of Code Section 48-5-7.1, and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements. (3) 'Fund' means the Emerging Crops Fund established in Code Section 2-8A-5. (4) 'Georgia Development Authority' or 'authority' means the Georgia Development Au thority provided for in Chapter 10 of Title 50. (5) 'Interest loan' means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the nonland capital costs of establishing production of an emerging crop. (6) 'Lender' means a commercial bank, savings bank, savings and loan association, fed eral land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration. 2-8A-4. Emerging crops shall include but not be limited to the following crops: (1) Blueberries; (2) Blackberries; (3) Strawberries; (4) Raspberries; (5) Asparagus; (6) Peaches; (7) Apples; (8) Grapes; (9) Pears; (10) Ornamental horticultural plants; (11) Christmas trees; and (12) Fish farming which shall include, but shall not be limited to, crawfish, Saint Pe ter's (Tilapia) fish, freshwater shrimp, catfish, hybrid bass (a cross between striped bass and white bass), and rainbow trout. 2-8A-5. (a) There is established as a separate fund of the Georgia Development Author ity a fund to be known as the 'Emerging Crops Fund,' which shall be used to make interest 1796 JOURNAL OF THE SENATE loans on loans made to farmers for nonland capital costs of establishing production of emerging crops on land in Georgia. The fund shall be administered by the Georgia Develop ment Authority. The Georgia Development Authority shall by rules or regulations develop definitions, guidelines, standards, requirements, and procedures for making interest loans as authorized in this chapter. Funds for the Emerging Crops Fund and for the administration of said fund shall be provided from the following sources: (1) Appropriations by the General Assembly, and funds appropriated to the Emerging Crops Fund shall be presumptively concluded to have been committed to the purpose for which appropriated and shall not lapse; (2) The repayment of interest loans made from the fund; and (3) Any interest or earnings made from the investment of funds of the Emerging Crops Fund. (b) The Georgia Development Authority shall maintain the Emerging Crops Fund en tirely separate from any other funds of the authority, and no funds available to the author ity to carry out its purposes under Chapter 10 of Title 50 shall be used for the purposes of the Emerging Crops Fund. The source of funds provided for in subsection (a) of this Code section shall be the only source of funds for the Emerging Crops Fund. (c) Except as limited by subsection (b) of this Code section, the Georgia Development Authority may exercise any power possessed by the authority under Chapter 10 of Title 50 to carry out the provisions of this chapter. 2-8A-6. Any lender which has made or makes a loan to a farmer to finance the nonland capital costs of establishing production of an emerging crop on land in Georgia may make application to the Georgia Development Authority for an interest loan to pay interest on the loan during the period from the beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one farmer shall be $50,000.00; provided, however, the Georgia Development Authority in administering the fund shall give priority to smaller interest loans. During the period that the Georgia Development Authority pays the interest on a loan from the fund, the maximum rate of interest which may be charged on the loan by the lender shall be 2 V4 percent per annum above the prime rate charged by banks on shortterm business loans as published daily in the Wall Street Journal. By payment of the inter est on a loan, neither the Georgia Development Authority nor the State of Georgia shall be a guarantor of the loan. The Georgia Development Authority shall, by rule or regulation, re quire such security or lien as may be necessary to provide adequate security for the author ity as condition for making an interest loan as authorized by this chapter. 2-8A-7. Repayment of an interest loan made from the fund shall be deferred for a pe riod of time not more than five years or the time when the emerging crop should reach maturity. The schedule for repayment of the interest loan shall be a period of time equal to two times the period that interest is paid on the loan from the fund for that emerging crop. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the Georgia Development Authority for deposit into the fund." Section 2. Section 1 of this Act shall become effective on January 1, 1991, only if an amendment to the Constitution authorizing the General Assembly to provide by general law for an emerging crops fund to pay interest on certain loans made to farmers and authorizing the appropriation of funds for the purposes of such fund is ratified at the 1990 general election. If such an amendment to the Constitution is not ratified at the 1990 general elec tion, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, FEBRUARY 28, 1990 1797 Senator Echols of the 6th moved that the Senate adopt the Conference Committee re port on HB 1105. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead 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: Clay Coleman English Gillis Parker Ragan of 10th Shumake Taylor On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1105. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide defini tions; to provide the minimum contents of such plan. The House substitute to SB 606 was as follows: A BILL To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, 1798 JOURNAL OF THE SENATE relating to the control of water pollution and surface-water use, is amended by inserting immediately following Code Section 12-5-29 a new Code Section 12-5-29.1 to read as follows: "12-5-29.1. (a) As used in this Code section, the term: (1) 'Combined sewer overflow' or 'CSO' means a sewage system so designed or con structed as to allow surface-water runoff to enter the conduit carrying sewage, industrial waste, or other waste and, when such conduit exceeds its maximum capacity, allows a dis charge which by-passes the normal treatment works integral to such sewage system and allows untreated or incompletely treated sewage, industrial waste, or other waste to flow, directly or indirectly, into the waters of this state. (2) 'Sewage overflow' means that untreated sewage, industrial waste, or other waste which is discharged when a CSO exceeds its maximum capacity so that such material by passes the normal treatment works integral to such sewage system and flows untreated or incompletely treated into the waters of this state. (b) Any person who owns or operates a CSO in this state on July 1, 1990, shall devise and submit to the director for approval a detailed plan to eliminate sewage overflow or to treat sewage overflow so that all water flowing from such CSO into the waters of this state shall meet standards of water purity and permit limits for publicly owned waste-water treat ment facilities with combined sewer overflows established by the division or by the federal Environmental Protection Agency under the provisions of the Federal Water Pollution Con trol Act amendments of 1972, 33 U.S.C. Section 1251 and following, as amended by the Clean Water Act of 1977 (P.L. 95-217). (c) The plan required by subsection (b) of this Code section shall include, as a mini mum, provision for realistic implementation of means to eliminate sewage overflow or effec tuate treatment of overflow to meet or exceed such water purity standards by not later than December 31, 1993; (d) The plan required by subsection (b) of this Code section shall be submitted to the director not later than December 31, 1990. Any person who fails to obtain approval and substantially implement an approved plan by December 31, 1993, shall, after that date and until such person implements an approved plan, be subject to the liability and penalties provided in Code Sections 12-5-51, 12-5-52, and 12-5-53 and, in addition, shall be prohibited from adding any additional sewer inlets to such sewer system." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Edge of the 28th moved that the Senate disagree to the House substitute to SB 606. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 606. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 472. By Senators Johnson of the 47th, Broun of the 46th, Albert of the 23rd and others: A resolution creating the Senate Georgia Export Expansion 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: WEDNESDAY, FEBRUARY 28, 1990 1799 Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Fuller Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Clay Coleman Foster Garner Gillis Hammill Langford McKenzie Parker Scott of 36th 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 bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Turner of the 8th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Terry L. Coleman, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget DATE: February 8, 1990 SUBJECT: Fiscal Note--House Bill 1623 (LC 18 3671) Intangible Tax Exemption This bill would provide intangible tax exemption of stock held in financial institutions 1800 JOURNAL OF THE SENATE reorganized under the southern region interstate banking law prior to January 1, 1991. The stock would be exempt if the stock of the Georgia corporation was exempt from intangible tax prior to the reorganization. If enacted, this bill would become effective upon the Gover nor's approval or upon becoming law without such approval. This bill would have no fiscal impact on state revenues. /s/ G.W- Hogan State Auditor /s/ C. T. Stevens Director, Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land McKenzie Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Those not voting were Senators: Bowen Coleman Johnson Langford Olmstead Shumake Taylor Walker On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The President announced that the Senate would stand in recess from 12:24 o'clock P.M. until 1:30 o'clock P.M. At 1:30 o'clock P.M., the President called the Senate to order. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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- WEDNESDAY, FEBRUARY 28, 1990 1801 vide that certain municipalities shall be authorized to annex territories prior to July 1, 1991, upon compliance with certain conditions. Senate Sponsors: Senators Clay of the 37th and Ragan of the 32nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Bowen Brannon Broun Burton Clay Collins Dawkins Dean Edge English Engram Foster Garner Gillis Kennedy Kidd McKenzie Newbill Olmstead Parker Pollard Ragan of 32nd Ray Stumbaugh Tate Taylor Turner Tysinger Voting in the negative was Senator Egan. Those not voting were Senators: Albert Barker Barnes Coleman Deal Echols Fincher Fuller Hammill Harris Howard Huggins Johnson Land Langford Peevy Perry Phillips Ragan of 10th Scott of 2nd Scott of 36th Shumake Starr Timmons Walker On the passage of the bill, the yeas were 30, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility re quired for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only. Senate Sponsors: Senators English of the 21st and Ray of the 19th. The Senate Committee on Industry and Labor offered the following substitute to HB 552: A BILL To be entitled an Act to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that the provisions relating to financial responsibility required for the issuance 1802 JOURNAL OF THE SENATE of a pesticide contractor's license shall not apply to commercial aerial applicators of crop protection products; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," is amended by striking paragraph (3) of subsection (a) of Code Section 2-7-99, relating to licensing requirements for pesticide contractors, certified pesticide applicators, and certified commercial pesticide ap plicators, and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) Issuance. If the Commissioner finds the applicant qualified to engage in the busi ness of contracting for the application of pesticides commercially, if the applicant files proof of financial responsibility as required under Code Section 2-7-103, and if the applicant ap plying for a license to contract for aerial application of pesticides has met all of the require ments of the Federal Aviation Administration and all aeronautic requirements of this state for operation of equipment described in the application, the Commissioner shall issue a pesticide contractor's license, with any necessary limitations; provided, however, commercial aerial applicators of crop protection products shall not be required to file proof of financial responsibility as required under Code Section 2-7-103. The license shall expire at the end of the calendar year of issue, unless it is revoked or suspended prior thereto by the Commis sioner for cause." 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 Brannon Broun BCluaryton Collins Dawkins Deal Dean Edge Egan Engram Foster Fuller Garner Gillis KKiedndnedy McKenzie Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 32nd pav gcott of 2nd g Qf 36th S0tu*m1ba.u1g-h late Taylor Turner Tysinger Walker Those not voting were Senators: Albert Barker Coleman Echols English Fincher Hammill Harris Howard Huggins Johnson Land Langford Perry Ragan of 10th Shumake Starr Timmons On the passage of the bill, the yeas were 38, nays 0. WEDNESDAY, FEBRUARY 28, 1990 1803 The bill, having received the requisite constitutional majority, was passed by substitute. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. 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 of Title 47 of the Official Code of Georgia Anno tated, 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 retirement system; to provide for creditable service for prior service as a judi cial employee. 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: DATE: G. W. Hogan, State Auditor December 1, 1989 SUBJECT: Actuarial Investigation--House Bill 1088 (LC 7 7440S) Employees' Retirement System This bill provides that certain "judicial employees" would be members of the Employ ees' Retirement System. The bill defines "judicial employee", provides for obtaining credita ble service for prior membership service with the retirement system, provides for obtaining creditable service for prior service as a judicial employee and identifies the basis for em ployee and employer contributions. Persons becoming members of the system under the provisions of this bill would be members of the "new" (post July 1, 1982) retirement system unless they were already members of the "old" retirement system and became a judicial employee with no break in service. If enacted, this bill would become effective on July 1, 1990 provided it is determined to be concurrently funded as provided for 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. $ 42,000 (3) The employer contribution rate currently in effect. 17.85% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.85% (5) The dollar amount of the increase in the annual employer 1804 JOURNAL OF THE SENATE contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 76,000 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 Senate Committee on Retirement offered the following amendment: Amend HB 1088 by deleting the quotation mark appearing at the end of line 16 on page 4. By inserting between lines 16 and 17 on page 4 a new paragraph (3) to read as follows: "(3) Any member qualified to obtain creditable service pursuant to the authority of this subsection shall apply to the board of trustees for such creditable service by not later than July 1, 1991.'" The following Certification, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Jimmy Hodge Timmons, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: February 19, 1990 SUBJECT: House Bill 1088 (LC 7 7371) as Amended (AM 7 0029) Employees' Retirement System This bill provides that certain "judicial employees" would be members of the Employ ees' Retirement System. The bill defines "judicial employee", provides for obtaining credita ble service for prior membership service with the retirement system, provides for obtaining creditable service for prior service as a judicial employee and identifies the basis for em ployee and employer contributions. Persons becoming members of the system under the provisions of this bill would be members of the "new" (post July 1, 1982) retirement system unless they were already members of the "old" retirement system and became a judicial employee with no break in service. If enacted, this bill would become effective on July 1, 1990 provided it is determined to be concurrently funded as provided for in the Public Retirement Systems Standards Law. This is to certify that the changes made by this amendment (providing that judicial employees who are eligible to obtain such creditable service would have to apply by July 1, 1991) would be a nonfiscal amendment as defined in the Public Retirement Systems Stan dards Law. The actuarial investigation for (LC 7 7440S) would still apply to House Bill 1088 as amended. /s/ G. W. Hogan State Auditor On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. WEDNESDAY, FEBRUARY 28, 1990 1805 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 Brannon Broun Burton Clay Collins Dawkins Deal Dean Edge Egan English Engram Foster Garner Gillis Howard Kidd McKenzie Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Albert Barker Coleman Echols Fincher Fuller Hammill Harris Huggins Johnson Kennedy (presiding) Land Langford Perry Ragan of 10th Shumake Taylor Timmons On the passage of the bill, the yeas were 38, 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 563. By Senators Pollard of the 24th and Deal of the 49th: A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire. The House amendment to SB 563 was as follows: Amend SB 563 by adding on line 4 of page 1 after the word and symbol "expire;" and before the word "to" the following: "to amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to the inventory and classification powers of the director with respect to dams, so as to provide for certain notices concerning proposed permits to change the classification of a dam; to provide for inspections and determinations of compliance;". By adding between lines 21 and 22 of page 2 the following: "Section 2. Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to the inventory and classification powers of the director with respect to dams, is amended by adding a new subsection (g) to read as follows: '(g) Before a permit to construct a structure of facility is issued by the governing au- 1806 JOURNAL OF THE SENATE thority of a local unit of government which would result in changing a Category II dam to a Category I dam, the local unit of government shall notify the owner of said dam by certified mail of the proposed permit. The owner of the dam may within ten days of the notice re quest the director to inspect said dam and determine whether or not said dam is in compli ance. If the director determines the dam is not in compliance with Category I, both the owner and the local unit of government shall be notified in writing.'" By redesignating "Section 2" on line 22 of page 2 as "Section 3." Senator Pollard of the 24th moved that the Senate agree to the House amendment to SB 563. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barnes Bowen Brannon Broun Burton CCloalylins Dawkins Deal Dean Edge Egan Engram Foster Fuller Garner Gillis Howard KMicdKdenzie Newbill Olmstead Parker Peevy Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Ct IStu,m,baugh, late Tflylor Turner Tysinger Walker Those not voting were Senators: Albert Allgood Barker Coleman Echols English Fincher Hammill Harris Huggins Johnson Kennedy (presiding) Land Langford Perry Phillips Ragan of 10th Timmons On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 563. 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 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. Senate Sponsor: Senator Deal of the 49th. WEDNESDAY, FEBRUARY 28, 1990 1807 Senator Deal of the 49th offered the following amendment: Amend HB 1633 by striking all matter on lines 8 and 9 on page 2 and inserting in lieu thereof the following: "which contained an agreement to resign because of age shall be void and of no". 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 Nathan Deal State Senator FROM: G. W. Hogan, State Auditor DATE: February 13, 1990 SUBJECT: House Bill 1633 (LC 7 7614) Amendment (AM 7 0023) Employees' Retirement System This bill removes current mandatory retirement provisions for Justices of the Supreme Court and Judges of the Court of Appeals electing retirement benefits under the Employees' Retirement System (ERS). If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval. House Bill 1415 (LC 7 7617S) includes provisions to amend the "Public Retirement Systems Standards Law" to provide that a retirement bill relating to mandatory retirement age and forfeiture of benefits in connection with mandatory retirement age is a nonfiscal bill. Based on HB 1415 (LC 7 7617S) becoming law prior to this Bill (LC 7 7614), this is to certify that this Bill (LC 7 7614) as amended (AM 7 0023) is a nonfiscal retirement bill as defined in the "Public Retirement Systems Standards Law" as amended by HB 1415 (LC 7 7617S). M G. W. Hogan State Auditor On the adoption of the amendment, the yeas were 30, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Broun Burton CDleaayl Dean Echols Edge Egan English Engram Fuller Garner Gillis Muggins Kidd MOlcmKsetneazdie Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Q, * Stu,m,baugh, Tate Taylor Turner Tysinger Walker 1808 JOURNAL OF THE SENATE Those voting in the negative were Senators: Barker Collins Howard Those not voting were Senators: Albert Brannon Coleman Dawkins Fincher Foster Hammill Harris Johnson Kennedy (presiding) Land Langford Newbill Scott of 2nd Timmons On the passage of the bill, the yeas were 38, nays 3. The bill, having received the requisite constitutional majority, was passed as amended. HR 585. By Representatives Crawford of the 5th and Porter of the 119th: Senate Sponsor: Senator Edge of the 28th. A RESOLUTION Proposing an amendment to the Constitution so as to provide that when a person be comes 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; 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 II, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. Divorce cases. Divorce cases shall be tried in the county where the de fendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plaintiff resides; provided, however, that if a person be comes a defendant in a divorce case within six months after changing residency from one county in this state to another, the divorce may be tried in the county where the plaintiff resides, and provided further that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation." 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 when a person be comes a defendant in a divorce case within six months after changing resi- dency from one county in Georgia to another, the divorce may be tried in the county in which the plaintiff resides?" 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. WEDNESDAY, FEBRUARY 28, 1990 1809 The Senate Committee on Special Judiciary offered the following substitute to HR 585: A RESOLUTION Proposing an amendment to the Constitution so as to provide that when a person be comes 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; 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 II, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. Divorce cases. Divorce cases shall be tried in the county where the de fendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plaintiff resides; provided, however, a divorce case may be tried in the county of residency of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and said county was the site of the marital domicile at the time of the separation of the parties, and pro vided, further, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation." 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 when a person be comes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce may be tried in the county in which the plaintiff resides?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. On the adoption of the substitute, the yeas were 37, 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: Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram 1810 JOURNAL OF THE SENATE Foster Fuller Garner P2.1a"m18m '.U,, Huggins Kidd Newbill Olmstead Parker Peevy Perry PPhoillllairpds Rflgan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr TStautme baugh Taylor Turner Tysinger Walker Those not voting were Senators: Albert Coleman Fincher Harris Johnson Kennedy (presiding) Land Langford McKenzie Timmons On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute. 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. Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Judiciary offered the following amendment: Amend HB 1360 by striking from line 29 of page 52 the following: "calendar year", and inserting in lieu thereof the following: "calendar year; provided, however, that, upon payment of the regular license fee pro vided for in Code Section 48-10-2, a reservist shall be entitled to receive one additional such license plate." By inserting at the end of line 21 of page 53 the following: "There shall be a transfer and cancellation fee of $1.00 for the transfer of any other reservist license plate." By striking from line 7 and lines 28 and 29 of page 55 the following: "entitled to no more than one such plate at a time", and inserting in lieu thereof the following: "entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2, a member shall be entitled to one additional such license plate". By adding following the word and symbol "plates." on line 21 of page 56 the following: "There shall be a transfer and cancellation fee of $1.00 for the transfer of any other National Guard license plate.". WEDNESDAY, FEBRUARY 28, 1990 1811 Senator Deal of the 49th offered the following amendment: Amend the amendment to HB 1360 offered by the Senate Committee on Judiciary by inserting on lines 9 and 24 of page 1 after the number "48-10-2" the following: "and a manufacturing fee of $25.00". On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the amendment offered by the Senate Committee on Judiciary, the yeas were 34, nays 0, and the amendment was adopted as amended. Senator Collins of the 17th offered the following amendment: Amend HB 1360 as follows: On page 161, line 21, and page 250, line 8, delete "$35.00" and insert "$15.00"; and On page 161, line 29, delete "$65.00" and insert "$35.00". On the adoption of the amendment, the yeas were 30, nays 10, and the amendment was adopted. Senator Parker of the 15th offered the following amendment: Amend HB 1360 by striking lines 20-27, page 353. On the adoption of the amendment, the yeas were 12, nays 25, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those voting in the negative were Senators: Dawkins Parker Perry Taylor 1812 JOURNAL OF THE SENATE Those not voting were Senators: Albert Allgood Coleman Kennedy (presiding) On the passage of the bill, the yeas were 48, nays 4. The bill, having received the requisite constitutional majority, was passed as amended. HB 1336. By Representatives Tolbert of the 58th, Redding of the 50th, Ehrhart of the 20th and others: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization. Senate Sponsor: Senator Burton of the 5th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Allgood Brannon Coleman Fuller Kennedy (presiding) Ragan of 10th Shumake Starr On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 28, 1990 1813 HB 1434. By Representative Childers of the 15th: A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to change the provisions relating to definitions. Senate Sponsors: Senators Howard of the 42nd and 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: Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Harris Johnson Kidd Land Langford McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker Voting in the negative was Senator Newbill. Those not voting were Senators: Albert Allgood Brannon Coleman Dawkins Deal English Howard Huggins Kennedy (presiding) Shumake Starr Taylor On the passage of the bill, the yeas were 42, nays 1. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Baldwin of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1814 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 Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Garner Gillis Hammill Harris Howard 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 Voting in the negative were Senators Fuller and Langford. Those not voting were Senators: Allgood Brannon Coleman English Huggins Johnson Kennedy (presiding) Parker Shumake Starr Taylor Timmons On the passage of the bill, the yeas were 42, nays 2. The bill, having received the requisite constitutional majority, was passed. HB 1312. By Representatives Lee of the 72nd and Murphy of the 18th: A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authori zation for conversion of contributions to personal use; to provide that contribu tions shall not constitute personal assets of a candidate or public officer. Senate Sponsors: Senators Kidd of the 25th and Dean of the 31st. The Senate Committee on Governmental Operations offered the following amendment: Amend HB 1312 by adding in the title on line 9 of page 1 between the first semicolon and the word "to" the following: "to provide for applicability;". By striking in its entirety Section 3, beginning on line 20 of page 4, which reads as follows: "Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.", and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. This Act shall become effective January 1, 1991." 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: Bowen Broun Dean Echols Engram Fincher WEDNESDAY, FEBRUARY 28, 1990 1815 Hammill Harris Langford McKenzie Perry Scott of 2nd Scott of 36th Tate Those voting in the negative were Senators: Albert Allgood Baldwin Barker Barnes Burton CColalylins Dawkins Deal Edge Egan English Foster Fuller Garner Gillis Howard Huggins JKoihdndson Land Newbill Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Shumake Starr S,,.tumb, augh, Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Brannon Coleman Kennedy (presiding) Olmstead On the adoption of the amendment, the yeas were 14, nays 38, and the amendment 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 owen ro"n Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Hlggin8 Johnson 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 Voting in the negative was Senator Kidd. 1816 JOURNAL OF THE SENATE Those not voting were Senators: Brannon Coleman Kennedy (presiding) On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1312. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 503. By Senators McKenzie of the 14th, Johnson of the 47th, Baldwin of the 29th and others: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs. The House substitute to SB 503 was as follows: A BILL To be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances, so as to provide licensing sanctions for certain licensed individuals who are convicted of certain offenses involving controlled substances or marijuana; to provide for notification procedures; to provide for sanctions; to provide for reinstatement under certain conditions; to provide for administra tive procedures; to provide for related matters; to provide for applicability; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances, is amended by adding at its end a new Article 5 to read as follows: "ARTICLE 5 16-13-110. (a) As used in this article, the term: (1) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of the term 'controlled substance' in paragraph (4) of Code Section 16-1321. (2) 'Convicted' or 'conviction' refers to a final conviction in a court of competent juris diction, or the acceptance of a plea of guilty or nolo contendere or affording of first offender treatment by a court of competent jurisdiction. (3) 'Licensed individual' means any individual to whom any department, agency, board, bureau, or other entity of state government has issued any license, permit, registration, cer tification, or other authorization to conduct a licensed occupation. (4) 'Licensed occupation' means any occupation, profession, business, trade, or other commercial activity which requires for its lawful conduct the issuance to an individual of any license, permit, registration, certification, or other authorization by any department, agency, board, bureau, or other entity of state government. (5) 'Licensing authority' means any department, agency, board, bureau, or other entity of state government which issues to individuals any license, permit, registration, certifica tion, or other authorization to conduct a licensed occupation. WEDNESDAY, FEBRUARY 28, 1990 1817 (6) 'Marijuana' means any substance included in the definition of the term 'marijuana' in paragraph (16) of Code Section 16-13-21. (b) Without limiting the generality of the provisions of subsection (a) of this Code sec tion, the practice of law shall constitute a licensed occupation for purposes of this article and the Supreme Court of Georgia shall be the licensing authority for the practice of law. 16-13-111. (a) Any licensed individual who is convicted under the laws of this state, the United States, or any other state of any criminal offense involving the manufacture, distri bution, trafficking, sale, or possession of a controlled substance or marijuana shall notify the appropriate licensing authority of the conviction within ten days following the conviction. (b) Upon being notified of a conviction of a licensed individual, the appropriate licens ing authority shall suspend or revoke the license, permit, registration, certification, or other authorization to conduct a licensed occupation of such individual as follows: (1) Upon the first conviction, the licensed individual shall have his or her license, per mit, registration, certification, or other authorization to conduct a licensed occupation sus pended for a period of not less than three months; provided, however, that in the case of a first conviction for a misdemeanor the licensing authority shall be authorized to impose a lesser sanction or no sanction upon the licensed individual; and (2) Upon the second or subsequent conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation revoked. (c) The failure of a licensed individual to notify the appropriate licensing authority of a conviction as required in subsection (a) of this Code section shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation. (d) A licensed individual sanctioned under subsection (b) or (c) of this Code section may be entitled to reinstatement of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation upon successful completion of a drug abuse treatment and education program approved by the licensing authority. (e) The suspension and revocation sanctions prescribed in this Code section are in tended as minimum sanctions, and nothing in this Code section shall be construed to pro hibit any licensing authority from establishing and implementing additional or more strin gent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana. 16-13-112. Administrative procedures for the implementation of this article for each licensed occupation shall be governed by the appropriate provisions applicable to each li censing authority. 16-13-113. The provisions of this article shall be supplemental to and shall not operate to prohibit any licensing authority from acting pursuant to those provisions of law which may now or hereafter authorize other sanctions and actions for that particular licensing authority. 16-13-114. This article shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any licensing authority from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 503. 1818 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bames Bowen roun U Dean Echols Edge Engram Fincher Foster Garner Hammill Harris Howard Hu^ins Johnson Kidd Land McKenzie Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Starr Stumbaugh Taylor Timmons Turner Tysinger Those voting in the negative were Senators: Allgood Barker Collins English Fuller Langford Parker Peevy Ray Scott of 2nd Scott of 36th Shumake Tate Walker Those not voting were Senators: Brannon Coleman Egan Gillis Kennedy (presiding) On the motion, the yeas were 37, nays 14; the motion prevailed, and the Senate agreed to the House substitute to SB 503. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Walker of the 43rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Dean Echols Edge English Engram Fincher Foster WEDNESDAY, FEBRUARY 28, 1990 1819 Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie 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: Brannon Coleman Deal Egan Gillis Kennedy (presiding) Newbill Phillips On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1628. By Representatives Holmes of 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. 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 Barnes Bowen Broun Burton Clay Collins Dawkins Dean Echols Egan English Engram Fincher Foster Fuller Garner Hammill Howard Huggins Johnson Kidd Land Langford Newbill Peevy Perry Phillips Pollard Ragan of 10th Ragan Of 32nd j^av Scott of 36th S,, humake ^Stumb, augh, Tate Timmons Turner Tysinger Walker Those not voting were Senators: Barker Brannon Coleman Deal Edge Gillis Kennedy (presiding) McKenzie Olmstead Parker Scott of 2nd Taylor 1820 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendment to the following bill of the House: HB 1555. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers. 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 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclo sure reports shall include the occupation or place of employment of certain contributors. The Speaker has appointed on the part of the House, Representatives Connell of the 87th, Pinkston of the 100th and Lee of the 72nd. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Timmons of the llth. WEDNESDAY, FEBRUARY 28, 1990 1821 The following Certification, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 17, 1990 SUBJECT: House Bill 1560 (LC 7 7565) Teachers Retirement System This bill would change the title of the Teachers Retirement System's office of executive secretary-treasurer to executive director; delete the provision relating to treatment of state income tax on employee contributions made by employers; and would also delete a provision relating to the mandatory retirement age of 70. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. /s/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Egan English Engram Fincher Foster Fuller Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Brannon Coleman Edge Garner Gillis Johnson Kennedy (presiding) Scott of 2nd On the passage of the bill, the yeas were 48, nays 0. 1822 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. HB 1381. By Representative Kingston of the 125th: A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents. Senate Sponsor: Senator Albert of the 23rd. Senators Barnes of the 33rd, Starr of the 44th, Phillips of the 9th, Albert of the 23rd, Egan of the 40th, Peevy of the 48th and Turner of the 8th offered the following amendment: Amend HB 1381 by inserting immediately following the word and symbol "foregoing;" on line 7 of page 1 the following: "to change the level of tax liability below which no return need be filed and no taxes need be paid;" By inserting immediately following line 27 of page 1 the following: "Section 2. Said article is further amended by striking paragraph (2) of subsection (e) of Code Section 48-6-27, relating to returns of intangible personal property for taxation, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $20.00." "3". By striking the number "2" on line 1 of page 2 and inserting in lieu thereof the number On the adoption of the amendment, the yeas were 35, nays 5, 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 Burton Clay CDoalwliknisns Deal Dean Echols Egan Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggms Kidd LMacnKgefonrzdie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Rav Scott of 2nd Scott rf 36th Stumbaugh, Tate Taylor Timmons Turner Tysinger Walker WEDNESDAY, FEBRUARY 28, 1990 1823 Those not voting were Senators: Bowen Brannon Coleman Edge English Gillis Johnson Kennedy (presiding) Land On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 1172. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system. Senate Sponsor: Senator Kidd of the 25th. Senator Kidd of the 25th offered the following amendment: Amend HB 1172 by inserting between "as" and "to" on line 2 of page 1 the following: "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 deputy registrar; to provide for powers and duties;". By inserting between "vote;" and "to" on line 3 of page 2 the following: "to provide an effective date;". By inserting between lines 6 and 7 of page 2 the following: "striking subsection (c) of Code Section 21-2-212, relating to the appointment of county deputy registrars, and inserting in its place a new subsection (c) to read as follows: '(c) Each principal or assistant principal of every public or private high school, the pres ident of every public or private college or university, or his designee, and the director of each area vocational school in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school, the president of such college or university or his designee, and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective county of residence. Such principals, assistant principals, presidents or designees, and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal, president or designee, or director would be au thorized to register under this subsection. Code Section 21-2-213 shall not apply to the prin cipal or assistant principal of any public or private high school, the president of any public or private college or university or his designee, or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection.' Section 1A. Said title is further amended by". 1824 JOURNAL OF THE SENATE By inserting between lines 27 and 28 of page 10 the following: "Section 7A. Said title is further amended by striking paragraph (1) of subsection (e) of Code Section 21-3-120, relating to the appointment of municipal deputy registrars, and in serting in its place a new paragraph (1) to read as follows: '(1) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, or his designee, and the director of each area vocational school in this state shall be a deputy registrar for the purpose of regis tering as electors only those qualified applicants who are enrolled students within the prin cipal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwith standing any other provision of law, in high schools, colleges or universities, or area voca tional schools which are attended by students who reside in a municipality other than the municipality in which the school, college, or university is located or who reside in a munici pality which lies outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school, the president of such college or university, or his designee, and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school, college, or uni versity on behalf of such student's respective municipality of residence. Such principals, assistant principals, presidents or designees, and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The prin cipal of each public or private high school, the president of each public or private college or university, or his designee, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal or director or president or his designee would be authorized to register under this paragraph.' ". By inserting between lines 9 and 10 of page 17 the following: "Section 14A. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval." 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, 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 BDBClruaoryut. onn Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Garner HuHHuoamgwgamirndijsll Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd ^ ^S0,,,hcuom.t.t aok,ffe02ndj iate Taylor Timmons Turner Tysinger Walker WEDNESDAY, FEBRUARY 28, 1990 1825 Those not voting were Senators: Brannon Coleman Fuller Gillis Harris Johnson Kennedy (presiding) Langford Phillips Scott of 36th Starr Stumbaugh On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Dawkins of the 45th moved that the Senate adhere to the Senate substitute to HB 1385 and that a Conference Committee be appointed. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1385. The President appointed as a Conference Committee on the part of the Senate the following: Senators Dawkins of the 45th, Kidd of the 25th and Scott of the 2nd. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1423. By Representative Thomas of the 31st: A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing. Senator Shumake of the 39th moved that HB 1423 be placed on the Table. On the motion, the yeas were 51, nays 2; the motion prevailed, and HB 1423 was placed on the Table. The following message was received from the House through Mr. Ellard, the Clerk thereof: 1826 JOURNAL OF THE SENATE Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 1314. 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 make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991. The following general resolution and bill of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HR 592. By Representatives Jamieson of the llth and Dover of the llth: A resolution extending and redesignating the U.S. 441 Business Historic Route. Senate Sponsors: Senators Foster of the 50th and Dean of the 31st. Senators Dean of the 31st, Gillis of the 20th, Foster of the 50th, Garner of the 30th and Kennedy of the 4th offered the following substitute to HR 592: A RESOLUTION Extending and redesignating the U.S. 441 Business Historic Route; designating the Cul ver Kidd Highway; to repeal conflicting laws; and for other purposes. WHEREAS, the construction of U.S. 441 Bypass extending from its intersection with U.S. 441 Business Route in Baldwin to State Route 365 has been completed; and WHEREAS, the construction of the State Route 365 extension to Toccoa and that por tion of U.S. 441 that is common with State Route 365 has been completed to its present terminus at State Route 197 near Clarkesville, and it has been opened to traffic; and WHEREAS, much of the average daily traffic flow formerly using U.S. 441 through the City of Cornelia has been diverted to the U.S. 441 Bypass; and WHEREAS, it will be advantageous to the economic welfare of Habersham County, the City of Cornelia, and other municipalities located on U.S. 441, as it existed prior to the construction of U.S. 441 Bypass and State Route 365, to retain as much as possible of the tourist and vacation traffic on U.S. 441 as it previously existed; and WHEREAS, the City Commission of the City of Cornelia is in full support of, and joins in, the efforts of Habersham County and the other municipalities located on U.S. 441 ex tending north from its intersection with U.S. 441 Bypass through Habersham County, as it existed prior to the construction of U.S. 441 Bypass and State Route 365, to preserve the business vitality and historic value of the area along said highway; and WHEREAS, the record of public service for the people of Baldwin County and the State of Georgia attained by Honorable Culver Kidd, the distinguished Senator from the 25th District, is an admirable one; and WHEREAS, Senator Kidd graduated from Georgia Military College in 1932 and re ceived his B.S. degree from Georgia Tech in 1936; and WHEREAS, he was a Major in the United States Army during World War II and was awarded a Purple Heart; and WHEREAS, Senator Kidd served as Baldwin County commissioner for ten years, a State Representative for 12 years, and has served as State Senator for 27 years; and WHEREAS, his legislative experience and keen understanding of governmental problems has made him one of the most influential public officers in this state; and WHEREAS, during his service in the State Senate, Senator Kidd's leadership and de- WEDNESDAY, FEBRUARY 28, 1990 1827 termination have brought unparalleled progress in developing a superior highway system in this state; and WHEREAS, in recognition of Senator Kidd's 39 years of dedicated service to the state, it is only fitting and proper that a highway through his senatorial district be named in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1. That the U.S. 441 Business Historic Route be extended to include that por tion of U.S. 441 now designated U.S. 441 Business Route and extending north from its inter section with U.S. 441 Bypass in Baldwin through the City of Cornelia to its intersection with State Route 365 as it existed prior to the construction of U.S. 441 Bypass and State Route 365, and that said portion of U.S. 441 Business Route is designated as part of the U.S. 441 Business Historic Route. Section 2. That the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said route. ARTICLE 2 Section 1. That U.S. Highway 441 between Interstate Highway 20 and Interstate High way 16 is designated as the Culver Kidd Highway. Section 2. That the Department of Transportation is authorized and directed to place appropriate markers designating the Culver Kidd Highway. ARTICLE 3 Section 1. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HR 592 would be suspended and placed on the Senate General Calendar. HB 1563. By Representatives Connell of the 87th, Richardson of the 52nd, Athon of the 57th and others: A bill to amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses. Senate Sponsors: Senators Albert of the 23rd and Ragan of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Burton Clay Collins Dawkins Dean Echob Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins 1828 JOURNAL OF THE SENATE Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Brannon Broun Coleman Deal Gillis Langford Parker Phillips Stumbaug On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991. Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 1314. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1314. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Dawkins of the 45th moved that the Senate recede from the Senate amend ment to HB 1555. 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 Collins Dawkins Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammill WEDNESDAY, FEBRUARY 28, 1990 1829 Harris Howard Huggins Johnson KKiedndnedy Land Langford McKenzie Newbill Olmstead Parker Peevy PPoerllrayrd Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate _T.immons Turner Tysinger Walker Those not voting were Senators: Albert Brannon Coleman Deal Gillis Phillips Scott of 2nd Shumake Taylor On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 1555. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and others: A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device. Senate Sponsor: Senator Burton of the 5th. Senator Parker of the 15th offered the following substitute to HB 1512: A BILL To be entitled an Act to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device; to provide for definitions; to provide for penalties; to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person; to provide for definitions; to provide that certain conduct shall be a misdemeanor of a high and aggravated nature and that certain conduct shall be a felony; to provide for penalties; to provide for recovery of the costs of prosecution; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to law enforcement officers and agencies, so as to provide for training for law enforcement officers and prosecuting attorneys in the identification and combating of bias crimes; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to create the "Bias Crimes Information and Documentation Act"; to provide for a short title; to provide for a statement of purpose; to provide for construction; to provide for powers and duties of the director of the Georgia Bureau of Investigation, law enforcement agencies, and the State of Georgia Criminal Justice Statistical Analysis Center at Georgia State Univer sity; to provide for reports; to provide for actions and the practices and procedures con nected therewith; to provide for penalties; to provide for the powers and duties of law en forcement officers and prosecuting attorneys; to provide for temporary restraining orders and injunctions; to provide for other matters relating to the supression and elimination of bias crimes; to repeal conflicting laws; and for other purposes. 1830 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, is amended by striking Code Section 16-7-64 and inserting in lieu thereof a new Code Section 16-7-64 to read as follows: "16-7-64. (a) A person commits the offense of criminal possession of an explosive device when he possesses, manufactures, sells, offers for sale, gives away, or transports a bomb, fire bomb, or Molotov cocktail. (b) As used in this Code section, the terms 'fire bomb' and 'Molotov cocktail' mean any device, by whatever name called, made of a breakable container containing a flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less which has a wick or any similar material which, when ignited, is capable of igniting the flammable liquid or com pound when the device is thrown or dropped; and the term 'bomb' includes any form of high explosives, explosive bomb, grenade, missile, or similar device. These terms do not include a device which is manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, high ways, and bridges. (c) Subsection (a) of this Code section does not apply to a device coming within the definition of subsection (b) of this Code section when it is in the use, possession, or control of a member of the armed forces of the United States or a fireman or a law enforcement officer when acting in his official capacity or otherwise under proper authority. (d) A person convicted of the offense of criminal possession of an explosive device shall be punished by imprisonment for not less than one nor more than ten years or by a fine not exceeding $25,000.00, or by both." Section 2. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by adding at the end thereof a new Code Section 16-11-45 to read as follows: "16-11-45. (a) Any term used in this Code section and defined in Code Section 35-3-102 shall have the meaning provided for such term in Code Section 35-3-102. (b) Whenever a person takes action that hinders any person's exercise of the enjoyment of rights secured by the Constitution or laws of the United States or of this state because of the status of a person or persons by means of any criminal act or acts that threaten, cause, or could cause bodily or emotional harm, that cause or could cause property damage, includ ing arson, or that put a person in reasonable fear of bodily harm or damage to his or her property and such action would otherwise constitute a misdemeanor, the individual shall be guilty of a misdemeanor of a high and aggravated nature. (c) Whenever a person takes action that hinders any person's exercise of the enjoyment of rights secured by the Constitution or laws of the United States or of this state because of the status of a person or persons by means of any criminal act or acts that threaten, cause, or could cause bodily or emotional harm, that cause or could cause property damage, includ ing arson, or that put a person in reasonable fear of bodily harm or damage to his or her property and such action would otherwise constitute a felony, in addition to any other pen alty provided by law, such person shall be fined not less than $5,000.00 nor more than $20,000.00 or imprisoned for not less than one year nor more than ten years, or both. (d) In any criminal prosecution that results in a conviction under this Code section, the prosecuting attorney may seek the cost of prosecution in addition to any other penalties provided under this Code section." Section 3. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to law enforcement officers and agencies, is amended by adding at the end thereof a new Code Section 35-1-9 to read as follows: "35-1-9. The Georgia Peace Officer Standards and Training Council, law enforcement training centers monitored and funded by the Peace Officer Standards and Training Coun- WEDNESDAY, FEBRUARY 28, 1990 1831 cil, and the Georgia Public Safety Training Center shall incorporate training materials and information in methods for identifying and combating bias crimes and terroristic acts in all courses for which they have responsibility and oversight. The Prosecuting Attorneys' Coun cil of the State of Georgia shall provide training for all prosecuting attorneys of the state in methods for identifying and combating bias crimes and terroristic acts." Section 4. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding at the end of said chapter a new Article 5 to read as follows: "ARTICLE 5 35-3-100. This article shall be known and may be cited as the 'Bias Crimes Information and Documentation Act.' 35-3-101. This article is enacted as a direct response to the high level of reactivation of bias and violent crimes and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these bias and violent crimes and terroristic acts. 35-3-102. As used in this article, the term: (1) 'Bias crime' means any crime that hinders any person's exercise of the enjoyment of rights secured by the Constitution or laws of the United States or this state that have been interfered with, or attempted to be interfered with, because of the status of a person or persons by means of any criminal act or acts that threatened, caused, or could cause bodily or emotional harm, caused or could cause property damage, including arson, or put a person in reasonable fear of bodily harm or damage to his or her property. (2) 'Status' means race, religion, sex, color, or national origin. 35-3-103. (a) The director of the Georgia Bureau of Investigation or his designee shall acquire data from all law enforcement agencies on the incidence of criminal acts that mani fest in their commission evidence of intent or motive based on status. The crimes with re spect to which such data shall be acquired are: (1) Homicide; (2) Involuntary manslaughter; (3) Aggravated assault; (4) Aggravated battery; (5) Simple assault; (6) Simple battery; (7) Robbery; (8) Armed robbery; (9) Burglary; (10) Disorderly conduct; (11) Aggravated sodomy; (12) Rape; (13) Theft; (14) Arson; (15) Criminal damage to property in the first degree; (16) Criminal damage to property in the second degree; (17) Criminal trespass; (18) Criminal defamation; 1832 JOURNAL OF THE SENATE (19) False imprisonment; (20) Threat or terroristic threat; and (21) Such other crimes the director considers appropriate. (b) The director or his designee shall establish guidelines for the collection of such data by all law enforcement agencies, including the necessary evidence and criteria that must be present for finding of evidence of intent or motive based on status and shall establish guide lines and procedures for carrying out the purpose of this Code section and the acquisition of such data. (c) The State of Georgia Criminal Justice Statistical Analysis Center at Georgia State University shall, at least semiannually, publish and make public a report that contains a statistical summary of data acquired under this Code section. 35-3-104. (a) Whenever any person or persons, whether or not acting under color of law, interfere by threats, intimidation, or coercion, or attempt to interfere by threats, intimida tion, or coercion, with the exercise or enjoyment by any other person or persons of rights secured by the Constitution or laws of the United States or of this state because of that person's status, the Attorney General or prosecuting attorneys or attorneys representing municipalities may bring a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the right or rights being secured. (b) Independent of any criminal prosecution or civil action initiated pursuant to subsec tion (a) of this Code section or the result thereof, any person whose exercise or enjoyment of rights secured by the Constitution or laws of the United States or of this state has been interfered with by the intentional conduct of another person or association of persons, where such conduct consists of threats, threats of force, or acts of intimidation or coersion because of the person's status may institute and prosecute in his or her own name and on his or her own behalf a civil action against such person or association of persons for injunc tive and other appropriate equitable relief, including the award of compensatory money damages, including but not limited to those for emotional distress, and punitive damages, attorneys' fees, and costs of litigation. (c) Additionally, any person suffering injury to his or her person or damage to his or her property which results from tortuous or criminal acts during the commission of which there is evidence of motive or intent based on status may bring a civil action for damages, injunc tion, or other appropriate relief as stated in subsection (b) of this Code section. (d) (1) In actions brought pursuant to subsection (b) or (c) of this Code section, when ever the court issues a temporary restraining order or a preliminary or permanent injunction ordering a defendant to refrain from certain conduct or activities, the order issued shall contain the following statement: 'VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.' (2) After any such order has been served upon the defendant, any violation of such order shall be a misdemeanor; provided, however, that if bodily or property damage results from such violation, the violation shall be a misdemeanor of a high and aggravated nature and shall be punished as provided for in Code Section 17-10-4. (3) The clerk of the court shall transmit two certified copies of each such order issued under subsection (a), (b), or (c) of this Code section to each appropriate law enforcement agency having jurisdiction over locations where such defendant is alleged to have committed the act giving rise to the action, and such law enforcement agency shall serve one copy of the order upon such defendant. Law enforcement agencies shall establish procedures ade quate to ensure that all officers responsible for the enforcement of the order are informed of the existence and terms of such order. Whenever any law enforcement officer has probable cause to believe that such defendant has violated the provisions of this Code section, such officer shall have the authority to arrest said defendant upon securing a valid warrant, ex cept upon exigent circumstances or when a violation is committed in the presence of an officer pursuant to existing warrant requirement exceptions under Georgia law. WEDNESDAY, FEBRUARY 28, 1990 1833 (4) Following the final disposition of a criminal contempt proceeding initiated by the Attorney General for violation of an order issued in an action brought by the Attorney Gen eral or an attorney for a political subdivision of this state under subsection (a) of this Code section, the state shall move to dismiss any charges brought under this Code section against such defendant for such violation of the order. (5) Whenever the court vacates a temporary restraining order or a preliminary or per manent injunction issued under this Code section, the clerk of the court shall promptly notify in writing each appropriate law enforcement agency which had been notified of the issuance of the order and shall direct each such agency to destroy all record of such vacated order, and such agency shall comply with such directive." Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Burton of the 5th moved that HB 1512 be placed on the Table. On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1512 was placed on the Table. HB 1457. By Representatives Martin of the 26th and Richardson of the 52nd: A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change substantially the conditions under which the department may grant variances and waivers to rules and regulations establishing standards for certain facilities; to provide that such variances may be granted if strict compliance would cause hardship. Senate Sponsor: Senator Howard of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Broun Burton Clay Collins Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Coleman Dawkins Deal Gillis Langford Parker Shumake Timmons 1834 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Egan of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Collins Dawkins Deal Dean Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Those not voting were Senators: Albert Barnes Brannon Coleman Echols Gillis Huggins Parker Peevy Pollard Ray Starr Taylor Walker On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Turner of the 8th. WEDNESDAY, FEBRUARY 28, 1990 1835 The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Terry Coleman, Chairman House Ways and Means Committee FROM: G.W. Hogan, State Auditor C.T. Stevens, Director Office of Planning and Budget DATE: February 7, 1990 SUBJECT: Fiscal Note--House Bill 1646 (Committee Substitute) (LC 14 5462S) Ad Valorem Taxation of Standing Timber This bill provides that standing timber would be included as part of the real property upon which it is located and not constitute a separate stratum for ad valorem taxation pur poses. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval. This bill would not have any fiscal impact since counties that currently tax timber sepa rately from real property could combine these "stratum" into a single comparable tax on real property including timber. A 1989 survey by the Department of Revenue identified that 52 counties (which included approximately 40% of the forest industry acreage in the state) separate land from timber for ad valorem taxation purposes. /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: Allgood Baldwin Barker Bowen Broun B urton PCDoa,lwfl.mkisns j)eaj Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins J,K,oehnnnseodn,y Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray ScSct, aortrt of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: 1836 JOURNAL OF THE SENATE Albert Barnes Brannon Coleman Dean Echols Gillis Pollard Scott of 2nd Shumake On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Taylor of the 12th. Senator Walker of the 43rd offered the following amendment: Amend HB 1445 by striking from the title lines 1 through 3 on page 1, which read as follows: "To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change certain provisions", and inserting in lieu thereof the following: "To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change certain provisions". By adding on line 4 of page 1 between the first semicolon and the word "to" the following: "to make it unlawful for a dealer to sell a pistol or revolver to any person except pursu ant to certain conditions and procedures; to provide a penalty;". By striking lines 7 through 11 on page 1, which read as follows: "Section 1. Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, is amended by striking paragraph (2) of subsection (c) thereof, and inserting in its place a new paragraph to read as follows:", and inserting in lieu thereof the following: "Section 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 16-11-129, relating to licenses to carry pistols and revolvers, and inserting in lieu thereof a new paragraph (2) to read as follows:". By adding below line 26 on page 1 the following: "Section 2. Said part is further amended by adding between Code Sections 16-11-129 and 16-11-130 a new Code Section 16-11-129.1 to read as follows: '16-11-129.1. (a) It shall be unlawful for any dealer to sell a pistol or revolver to any person except under the following conditions: (1) The purchaser shall present to the dealer a valid driver's license or identification card as provided in Article 5 of Title 40; (2) The dealer shall make a record of the following: (A) The date and time of the initial action of the person to purchase a pistol or revolver; WEDNESDAY, FEBRUARY 28, 1990 1837 (B) The name, date of birth, height, weight, address, and driver's license or identifica tion card number of the purchaser; and (C) The signature of the purchaser; (3) The dealer shall send a copy of the information required in paragraph (2) of this subsection to the local law enforcement agency within 24 hours after receiving such informa tion; and (4) Seven days shall expire from the date that the information is transmitted to the local law enforcement agency before the sale shall be finalized and the pistol or revolver delivered to the purchaser. (b) A law enforcement agency, upon receiving such information, shall promptly conduct a search of its records and records to which it has access and shall notify the dealer by telephone and in writing if it finds that such person is ineligible under Code Section 16-11131 to possess a firearm. When a local law enforcement agency notifies the dealer that a person is ineligible under Code Section 16-11-131 to possess a firearm, it shall be unlawful for such dealer to sell or deliver a pistol or revolver to such person. (c) Except as otherwise provided in subsection (d) of this Code section, any person who violates this Code section shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. (d) The provisions of this Code section shall not apply to any person who is exempt from the provisions of Code Sections 16-11-126 through 16-11-128 pursuant to Code Section 16-11-130.' " By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively. Senators Fuller of the 52nd and Langford of the 35th offered the following amendment: Amend the amendment offered by Senator Walker of the 43rd to HB 1445 by striking on line 31, page 2, the word "seven" and insert in lieu thereof the word "three" and by adding following subsection (4) a new subsection to be numbered (5) to read as follows: "Nothing in this Act shall prohibit the immediate sale of a pistol or a revolver to a person who possesses a valid license to carry a pistol or revolver issued by the Probate Court pursuant to OCGA 16-11-129. The waiting period required by this Act shall not apply to a person who possesses such a valid license." On the adoption of the amendment, the yeas were 20, nays 12, and the amendment offered by Senators Fuller of the 52nd and Langford of the 35th to the amendment offered by Senator Walker of the 43rd to HB 1445 was adopted. On the adoption of the amendment offered by Senator Walker of the 43rd, the yeas were 13, nays 24, 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 Bowen Broun Burton Clay Collins Dawkins Deal Dean English Fincher Foster Fuller Hammill Harris Howard 1838 JOURNAL OF THE SENATE Huggins Johnson ?i1n, edy TM| Langford Olmstead Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker Those voting in the negative were Senators: Edge Garner Newbill Parker Perry Those not voting were Senators: Barker Barnes Brannon Coleman Echols Egan Engram Gillis McKenzie Scott of 2nd Timmons On the passage of the bill, the yeas were 40, nays 5. The bill, having received the requisite constitutional majority, was passed. HB 671. By Representative Morton of the 47th: A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthana sia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia. Senate Sponsor: Senator Turner of the 8th. Senator English of the 21st moved that HB 671 be postponed until Wednesday, March 7. On the motion, the yeas were 28, nays 3; the motion prevailed, and HB 671 was post poned until Wednesday, March 7. HB 1441. By Representatives Walker of the 115th and Lee of the 72nd: A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils. Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Education offered the following substitute to HB 1441: A BILL To be entitled an Act to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transpor tation of pupils; to provide for the terms and conditions under which county, independent, and area school systems may enter into multiyear lease, purchase, or lease purchase con- WEDNESDAY, FEBRUARY 28, 1990 1839 tracts; to provide for the applicability of certain laws and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by striking Code Section 20-2-504, which reads as follows: "20-2-504. It shall be unlawful for any board of education to make any contract involv ing the expenditure of funds in excess of the total appropriation for the current fiscal year, provided that county boards of education shall have authority to contract for the transpor tation of pupils for a period not to exceed four years. Any indebtedness created, contract made, or order or draft issued in violation of this Code section shall be void.", and inserting in its place a new Code section to read as follows: "20-2-504. County, independent, and area school systems shall have authority to con tract for the transportation of pupils in accordance with the provisions of Code Section 202-506." Section 2. Said article is further amended by adding at the end thereof, a new Code section to be known as Code Section 20-2-506, to read as follows: "20-2-506. (a) Except as otherwise provided in this Code section, each county, indepen dent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be deter mined by the school system and specified in the contract; (3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and (4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the school district. (b) In addition to the provisions enumerated in subsection (a) of this Code section, any contract authorized by this Code section may include: (1) A provision which requires that the contract will terminate immediately and abso lutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the school system under the contract; or (2) Any other provision reasonably necessary to protect the interests of the school system. (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 school system only for those sums payable during the calendar year of execution or, in the event of a renewal by the school system, for those sums payable in the individual calendar year re newal term. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the school system for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. 1840 JOURNAL OF THE SENATE (e) Any such contract may provide for the payment by the school system of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (f) When any local board of education submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calendar years immediately fol lowing such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal property, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt. (g) Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions. (h) Each school system in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the school district in the event that the contract is not fully consummated. (i) Any contract developed under this Code section shall comply with the applicable provisions of the Official Code of Georgia Annotated, and regulations thereunder, relating to state allocated capital outlay funds and entitlements." 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 Deal of the 49th offered the following amendment: Amend the substitute to HB 1441 offered by the Senate Committee on Education by striking lines 32 and 33, page 2 and lines 1 and 2, page 3, in their entirety. 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 32, 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 Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr WEDNESDAY, FEBRUARY 28, 1990 1841 Stumbaugh Tate Turner Walker Those not voting were Senators: Barker 5Boarwneens Brannon Coleman Engram Gillis McKenzie Peevy Scott of 2nd Taylor Timmons Tysinger On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees. Senate Sponsors: Senators Barnes of the 33rd and Allgood of the 22nd. The Senate Committee on Education offered the following substitute to HB 1499: A BILL To be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees; 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 certifying professional personnel, is amended by striking subsection (e) thereof and inserting in its place a new subsection to read as follows: "(e) (1) The State Board of Education shall charge the following fees to persons who file applications with the state board under its regulations adopted pursuant to the authority of this Code section: (A) For an applicant for initial certification who is not actively teaching in Georgia public or private schools ............. $ 20.00 (B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university ........................................... 20.00 (C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate ......................... 20.00 (D) For an applicant for a certificate which adds a field or which endorses a certificate .................................... 20.00 (E) For an applicant for a conditional certificate ................ 20.00 (F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia ...................................... 20.00 (G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates .................. 20.00 1842 JOURNAL OF THE SENATE (2) The fees provided for in paragraph (1) of this subsection shall be paid by an appli cant by cashier's check or money order as a condition for filing the application. (3) The fees provided for in this subsection shall be paid by the State Board of Educa tion into the general funds of the state. The State Board of Education shall adopt regula tions to carry out the provisions of this subsection." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Turner Tysinger Walker Those not voting were Senators: Barker Barnes Brannon Coleman Engram McKenzie Peevy Scott of 2nd Stumbaugh Taylor Timmons On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1389. By Representatives Jackson of the 9th and Barnett of the 10th: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the provi sions relating to the composition and appointment of members of the State Board of Registration of Used Car Dealers. Senate Sponsor: Senator Perry of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, FEBRUARY 28, 1990 1843 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 Broun Burton Clay Collins Dl_/et?aall Dean Echols Edge Egan English 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 36th Starr Tate Timmons Turner Tysinger Walker Voting in the negative was Senator Langford. Those not voting were Senators: Albert Barker Barnes Brannon Coleman Dawkins Engram Peevy Scott of 2nd Shumake Stumbaugh Taylor On the passage of the bill, the yeas were 43, nays 1. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Pollard of the 24th. The following Certification, as required by law, was read by the Secretary: TO: FROM: DATE: SUBJECT: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION The Honorable Tom Buck State Representative G. W. Hogan, State Auditor February 15, 1990 House Bill 639 (Substitute) (LC 7 7700S) Teachers' Retirement System 1844 JOURNAL OF THE SENATE This bill establishes an optional retirement plan for certain eligible University System employees. Current and future eligible employees could remain under the Teachers' Retire ment System (TRS) or participate in the optional retirement plan. If the optional retire ment plan is enacted, the University System of Georgia would be required to contribute to the plan an amount equal to four percent of the compensation of each participating em ployee, and participating employees would be required to contribute an amount equal to six percent of their earnable compensation. In addition, this bill would require the University System of Georgia to remit to the TRS an amount equal to the accrued liability contribu tion that would have been made on behalf of employees if they had been members of the TRS and any increase in the normal contribution rate resulting from the transfer of mem bers. If enacted this bill would become effective on July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Systems Stan dards Law. This is to certify that the changes made in this substitute bill, (changing the employer contribution to 4% of compensation, and requiring the State Auditor to have an actuarial study performed on the effect of this legislation by January 1, 1996) would be reduction in cost amendments as defined in the Public Retirement Systems Standards Law. Is/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Bowen Broun Burton Clay Collins Deal Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barker Barnes Brannon Coleman Dawkins Engram McKenzie Peevy Scott of 2nd Shumake Stumbaugh On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 28, 1990 1845 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. Senate Sponsor: Senator Deal of the 49th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Bowen Broun Burton DCC,-loa,a,wl,yh.knisns Deal Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris JHTHTouohgwngsamordns Kennedy Kidd Land Langford McKenzie Newbill Parker Perry Phillips Pollard Ragan of ioth Ragan of 32nd ^ oSccuhc^outtmtt anok,eteoQbCt*n^ tarr late Tavlor Timmons Turner Tysinger Walker Those not voting were Senators: Barker Barnes Brannon Coleman Engram Olmstead Peevy Scott of 2nd Stumbaugh On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1608. By Representatives Bishop of the 94th and Randall of the 101st: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipali ties and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees. Senate Sponsor: Senator Parker of the 15th. The Senate Committee on Urban and County Affairs offered the following substitute to HB 1608: A BILL To be entitled an Act to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to clarify the authority of municipalities and counties to levy occupation taxes on real estate brokers; to authorize municipalities and counties to prosecute and to issue executions against persons who fail to 1846 JOURNAL OF THE SENATE pay special taxes, occupation taxes, or license fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by striking Code Section 48-13-6, relat ing to occupation taxes on real estate brokers, in its entirety and substituting in lieu thereof a new Code Section 48-13-6 to read as follows: "48-13-6. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupa tion, or professional tax shall permit the broker and the broker's affiliated associate brokers and salespersons to engage in all of the brokerage activities described in Code Section 43-401 without further licensing or taxing other than the state licenses issued pursuant to Chap ter 40 of Title 43. No additional license, occupation, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, however, that subject to the limitations of subsection (b) of this Code section, a municipality or county which levies a general occupation or business license tax on a gross receipts basis shall have the power to levy and collect an occupation, license, or professional tax upon real estate brokers transact ing business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross receipts derived from transactions with respect to property located within the bounda ries of the taxing jurisdiction. (b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county." Section 2. Said chapter is further amended by striking Code Section 48-13-17, relating to the issuance of executions against delinquent taxpayers, in its entirety and inserting in lieu thereof the following: "48-13-17. (a) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due. (b) The right of the state, counties, and municipalities to criminally prosecute persons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to the remedy of issuing executions against delinquent taxpayers as authorized by subsection (a) of this Code section." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: WEDNESDAY, FEBRUARY 28, 1990 1847 Those voting in the affirmative were Senators: Albert Allgood Baldwin Bowen roun Da*w\k.ins DDeeaaln Echols Edge English Fincher Foster Fuller Garner Gillis Hammill Harris "Huogwgamrds JKoehnnnseodny Kidd Langford McKenzie Newbill Olmstead Parker Perry Phillips Pollard Ragan of loth R,,agan of 32nd TM Shuymak, e Starr Tate Timmons Turner Walker Voting in the negative were Senators Burton and Collins. Those not voting were Senators: Barker Barnes Brannon Coleman Egan Engram Land Peevv Scott of 2nd Scott of 36th Stumbaugh Tay'or Tysinger On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsor: Senator Turner of the 8th. The Senate Committee on Banking and Finance offered the following substitute to HB 1208: A BILL To be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the regulation and licensing of cashers of checks; to provide for definitions; to provide for the requirements for licensure; to provide for investigations of applicants for licensure; to provide for fees for licensure; to provide for rules and regulations; to provide for renewal, denial, suspension, and revocation of licenses; to provide for examinations and fees; to provide for posting of licenses; to pro vide for the maintenance of records by licensees; to provide for procedures for licensees; to prohibit certain conduct; to provide for penalties; to provide exceptions from licensure; to provide for registration of persons claiming to be exempt from licensure; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to 1848 JOURNAL OF THE SENATE financial institutions, is amended by adding between Article 4 and Article 5 a new Article 4A to read as follows: "ARTICLE 4A 7-1-700. As used in this article, the term: (1) 'Licensed casher of checks' means any individual, partnership, association, or corpo ration duly licensed by the Department of Banking and Finance to engage in business pur suant to the provisions of this article. (2) 'Licensee' means a licensed casher of checks, drafts, or money orders. 7-1-701. (a) No person, partnership, association, or corporation shall engage in the busi ness of cashing checks, drafts, or money orders for a consideration without first obtaining a license under this article. The term 'consideration' shall include any premium charged for the sale of goods in excess of the cash price of such goods. (b) Each application for a license shall be in writing and under oath to the department, in such form as the department may prescribe, and shall include the following: (1) The legal name, residence, and business address of the applicant and, if the appli cant is a partnership, association, or corporation, of every member, officer, and director thereof; (2) The location where the initial registered office of the applicant will be located in this state; (3) The complete address of any other locations at which the applicant proposes to engage in cashing checks; and (4) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, or agents. (c) The application shall be filed together with an investigation and supervision fee established by regulation which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof. 7-1-702. (a) The department shall conduct an investigation of every applicant to deter mine the financial responsibility, experience, character, and general fitness of the applicant. If the department determines to its general satisfaction: (1) That the applicant is financially responsible and appears to be able to conduct the business of cashing checks in an honest, fair, and efficient manner and with the confidence and trust of the community; and (2) That the granting of such application will promote the convenience and advantage of the area in which the business is to be conducted, the department shall issue the appli cant a license to engage in the business of cashing checks. (b) The department shall not issue such a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or other wise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles WEDNESDAY, FEBRUARY 28, 1990 1849 pursuant to the provisions of the executive law to remove the disability under this article because of such conviction. The term 'substantial stockholder,' as used in this subsection, shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder. (c) Such license shall be kept conspicuously posted in the place of business of the licen see. Such license shall not be transferable or assignable. (d) A license issued pursuant to this article shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, sus pended, or revoked pursuant to this article. 7-1-703. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-683 with such modifications as the department may specify and as may be necessary. Such renewal appli cation shall be filed on or after June 1 of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application; but an an nual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January 1. If a renewal application is filed with the department before July 1 of any year, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license. The annual license fee established by the depart ment pursuant to this Code section for any licensee which cashes checks, drafts, or money orders incidental to the retail sale of goods and services shall not exceed $250.00. 7-1-704. (a) Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article. (b) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-703, the de partment may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination. 7-1-705. (a) In every location licensed under this article, there shall be conspicuously posted and at all times displayed a notice stating the charges for cashing checks. (b) Each licensee shall keep and use in its business such books, accounts, and records as the department may require to carry into effect the provisions of this article and the rules and regulations. Every licensee shall preserve such books, accounts, and records for at least two years. (c) Before a licensee shall deposit with any bank a check, draft, or money order cashed by such licensee, the same must be endorsed with the actual name under which such licen see is doing business. (d) (1) No licensee shall receive any check, draft, or money order with payment de ferred pending collection. Payment shall be made immediately in cash for every check, draft, or money order accepted by the licensee. (2) Notwithstanding the provisions of paragraph (1) of this subsection, drafts may be accepted for collection with payment deferred where the licensee has posted a surety bond in the same manner as prescribed for check sales licensees under Code Section 7-1-683. The amount of the surety bond shall be $10,000.00 for each location operated by the licensee, but in no event in excess of $100,000.00 for all such locations. (e) No licensee shall cash a check, draft, or money order made payable to a payee other than a natural person unless such licensee has previously obtained appropriate documents- 1850 JOURNAL OF THE SENATE tion from the executive entity of such payee clearly indicating the authority of the natural person or persons cashing the check, draft, or money order on behalf of the payee. (f) No licensee shall indicate through advertising, signs, billhead, or otherwise that checks may be cashed without identification of the bearer of such check, and any person seeking to cash a check shall be required to submit such reasonable identification as shall be prescribed by the department; provided, however, the provisions of this subsection shall not prohibit a licensee from cashing a check simultaneously with the verification and establish ment of the identify of the presenter by means other than the presentation of identification. (g) Within five business days after being advised by the payor financial institution that a check, draft, or money order has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents the proceeds of illegal activity, the licensee shall notify the department and the district attorney for the judicial circuit in which the check was received. In the event a check, draft, or money order is returned to the licensee by the payor financial institution for any of the aforementioned reasons, the licensee may not release the check, draft, or money order without the consent of the district attorney or other investigating law enforcement authority. 7-1-706. (a) The department may suspend or revoke any licenses or license issued pur suant to this article if, after notice and a hearing: (1) It shall find that the licensee: (A) Has committed any fraud, engaged in any dishonest activities, or made any misrepresentation; (B) Has violated any provisions of the banking law or any regulation issued pursuant thereto, or has violated any other law in the course of its or his dealings as a licensed casher of checks; (C) Has made a false statement in the application for such license or failed to give a true reply to a question in such application; (D) Has demonstrated his or its incompetency or untrustworthiness to act as a licensed casher of checks; or (E) Has charged check cashing fees, exclusive of direct costs of verification, in excess of 5 percent of the face value of the check or draft or in otherwise unconscionable amounts which do not adequately reflect: (i) The level of risk associated with the cashing of checks of a particular class using ordinary prudence and commercially reasonable standards of identification and acceptance; (ii) The cost of funds necessary to operate a check cashing business; and (iii) The extraordinary costs for security safeguards associated with the business loca tion of the licensee; provided, however, this subparagraph shall not limit the charge for cashing checks which are personal checks or money orders if such charge does not exceed 10 percent of the face value of the personal check or money order; or (2) It shall find that any ground or grounds exist which would require or warrant the refusal of an application for the issuance of the license if such an application were then before it. (b) No application for a license under this article shall be denied and no license granted under this article shall be suspended or revoked unless the applicant or licensee is given a reasonable opportunity to be heard by the department. For this purpose, the department shall give the applicant or licensee at least 20 days' written notice of the time and place of such hearing by registered or certified mail addressed to the principal place of business of such applicant or licensee. A copy of such notice of hearing shall be mailed to any associa tion of licensees registered with the department for the purpose of receiving such notices, and such association shall be permitted to participate in the hearing, either on behalf of the WEDNESDAY, FEBRUARY 28, 1990 1851 applicant or in opposition to the application. Any order of the department denying, sus pending, or revoking a license shall state the grounds upon which it is based and shall not be effective for 20 days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant or licensee. (c) A decision of the department denying a license, original or renewal, shall be conclu sive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155. 7-1-707. Any person, partnership, association, or corporation and the several members, officers, directors, agents, and employees thereof, who shall violate any of the provisions of this article, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than one year or by a fine of not more than $500.00, or by both such fine and imprisonment. 7-1-708. (a) This article shall not apply to any bank, trust company, credit union, build ing and loan association, or savings and loan association which is chartered under the laws of this state or under federal law and domiciled in this state. (b) The provisions of Code Sections 7-1-701, 7-1-702, 7-1-703, and 7-1-706 shall not apply to persons, partnerships, associations, or corporations engaged in the business of cash ing checks, drafts, or money orders: (1) Incidental to the retail sale of goods or services for a consideration of not more than $1.00 per check, draft, or money order; or (2) Where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks, drafts, or money orders does not exceed the lesser of $12,000.00 for each location at which checks are cashed or 5 percent of the total gross income from the retail sale of goods or services by such person, partnership, association, or corporation during its most recently completed fiscal year. In all other respects, such persons, partnerships, associations, or corporations shall be deemed to be licensees under this article. (c) Persons, partnerships, associations, or corporations claiming exemption under para graph (2) of subsection (b) of this Code section shall register with the department on or before June 1 of each year certifying as to the basis for such exemption. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person, partnership, association, or corporation." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senators Shumake of the 39th, Scott of the 36th and Tate of the 38th offered the fol lowing amendment: Amend the substitute to HB 1208 offered by the Senate Committee on Banking and Finance by adding between lines 27 and 28 of page 8 the following: "(b) No licensee shall charge check-cashing fees in excess of $1.00 if such check or draft is the payment of any kind of state public assistance or federal social security benefit paya ble to the bearer of such check or draft." By redesignating on pages 8 and 9 subsections (b) and (c) as subsections (c) and (d), respectively. Senator Egan of the 40th offered the following amendment: Amend the substitute to HB 1208 offered by the Senate Committee on Banking and Finance by striking lines 4-23 on page 8. 1852 JOURNAL OF THE SENATE Senator Egan of the 40th asked unanimous consent to withdraw the amendment. The consent was granted, and the amendment offered by Senator Egan of the 40th was withdrawn. Senator Kidd of the 25th moved the previous question. On the motion, the yeas were 41, nays 2; the motion prevailed, and the previous ques tion was ordered. Senator Parker of the 15th offered the following amendment: Amend the amendment offered by Senators Shumake of the 39th, Scott of the 36th and Tate of the 38th to the substitute to HB 1208 offered by the Senate Committee on Banking and Finance by striking "$1.00" on line 6 and insert "$5.00". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Land Langford Newbill Parker Peevy Perry Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Tate Taylor Tysinger Those voting in the negative were Senators: Albert Barker Kidd McKenzie Olmstead Phillips Pollard Ray Starr Timmons Turner Walker Those not voting were Senators: Brannon Coleman Engram Harris Stumbaugh On the adoption of the amendment, the yeas were 39, nays 12, and the amendment offered by Senator Parker of the 15th to the amendment offered by Senators Shumake of the 39th, Scott of the 36th and Tate of the 38th to the substitute to HB 1208 offered by the Senate Committee on Banking and Finance was adopted. On the adoption of the amendment offered by Senators Shumake of the 39th, Scott of the 36th and Tate of the 38th, Senator Shumake of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: WEDNESDAY, FEBRUARY 28, 1990 1853 Those voting in the affirmative were Senators: Allgood Baldwin Bowen Broun Deal Dean Edge Egan Fincher Foster Fuller Garner Gillis Hammi11 Howard Huggins Johnson Kennedy Langford Newbill Parker Ragan of 10th Scott of 2nd Scott of 36th Shumake Tate Taylor Tysinger Those voting in the negative were Senators: Albert Barker Barnes BEcuhrotolsn English Harris Kidd Land McKenzie OPelmrrystead Phillips Pollard Ragan of 32nd Ray Starr ,,Timmons Turner Walker Those not voting were Senators: Brannon Coleman Engram Peevy Stumbaugh On the adoption of the amendment, the yeas were 31, nays 20, and the amendment offered by Senators Shumake of the 39th, Scott of the 36th and Tate of the 38th was adopted as amended. On the adoption of the substitute, the yeas were 47, 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 Collins Dawkins Qeal Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker 1854 JOURNAL OF THE SENATE Those not voting were Senators: Brannon Coleman Engram Langford On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate: SB 749. By Senators Scott of the 2nd and Hammill of the 3rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for cost-of-living increases. 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. SB 460. By Senator Broun of the 46th: A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of State from membership on the governing bodies of certain associations and authorities. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 629. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th: A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational activities if school sys tems are reimbursed in full from sources other than public school funds. SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th: 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 WEDNESDAY, FEBRUARY 28, 1990 1855 the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county. SB 229. By Senator Edge of the 28th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for addi tional functions and powers of hospital authorities; to provide for additional pur poses for which proceeds of the sale of a hospital may be expended. SB 333. By Senators English of the 21st, Albert of the 23rd and Olmstead of the 26th: 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 provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree. The House has passed by the requisite constitutional majority the following bills of the Senate: SB 615. By Senators Turner of the 8th and McKenzie of the 14th: A bill to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, so as to define a certain term; to provide an editorial change; to further define the offense of financial transaction card fraud; to provide for penalties. 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. SB 640. By Senators Fuller of the 52nd and Tate of the 38th: A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, so as to re peal certain provisions prohibiting district attorneys emeritus from practicing law. SB 10. By Senator Kidd of the 25th: A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal. SB 457. By Senators Albert of the 23rd, Kidd of the 25th and Johnson of the 47th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide for reservation and transfer of rights of reproduction of works of fine art; to provide for rights of ownership of works of fine art and transfer thereof; to provide for reservation of certain rights in works of fine art. 1856 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolu tions of the Senate: SR 442. By Senators Parker of the 15th and Land of the 16th: A resolution creating the Columbus-Fort Benning Economic Impact Study Commission. SR 314. By Senator Dawkins of the 45th: A resolution creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force. The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate: SR 116. By Senators Parker of the 15th, Scott of the 2nd and Deal of the 49th: A resolution proposing an amendment to Article II, Section II, of the Constitu tion, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection. SR 64. By Senators Scott of the 2nd and Tysinger of the 41st: A resolution authorizing the conveyance of certain state owned real property lo cated in Atlanta, Fulton County, Georgia; to provide an effective date. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 831. By Representatives Alford of the 57th and Hamilton of the 124th: A resolution directing the State Board of Education to include a course of study in citizenship and character development in its core curriculum. The following resolution of the House was read the first time and referred to committee: HR 831. By Representatives Alford of the 57th and Hamilton of the 124th: A resolution directing the State Board of Education to include a course of study in citizenship and character development in its core curriculum. Referred to Committee on Education. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1114. By Representative Clark of the 13th: A bill to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, to as to authorize credita ble service for certain prior service as a member of the General Assembly; to provide an option for retired members who return to service in the General As sembly to return to active membership in the retirement system. Senate Sponsor: Senator Tate of the 38th. WEDNESDAY, FEBRUARY 28, 1990 1857 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 1114 (LC 7 7407) Georgia Legislative Retirement System This bill would change provisions of the Georgia Legislative Retirement System relating to members returning to service in the General Assembly that previously withdrew their contributions from the retirement system or had retired. Members that previously withdrew their contributions could reestablish creditable service with the system by repaying the withdrawn contributions plus regular interest. Members who had retired but returned to serve as a member of the General Assembly could continue receiving their retirement allow ance or could return to active membership in the retirement system. The procedures and time limits for making this election and provisions for obtaining credit for service rendered prior the existence of this option are also included in this bill. If enacted, this bill would become effective on July 1, 1990, provided it is determined to be concurrently funded as provided for 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. $ 35,600 (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 35,600 (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. $ Negligible It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Isl G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. 1858 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 Broun Burton Clay Collins Deal Dean Echols Egan English Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Tate Taylor Timmons Turner Walker Those voting in the negative were Senators: Dawkins Edge Newbill Those not voting were Senators: Barnes Brannon Coleman Engram Fincher Phillips Starr Stumbaugh Tysinger On the passage of the bill, the yeas were 44, nays 3. The bill, having received the requisite constitutional majority, was passed. Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed. At 5:12 o'clock P.M., the President announced that the Senate would stand adjourned until 9:00 o'clock A.M. tomorrow. THURSDAY, MARCH 1, 1990 1859 Senate Chamber, Atlanta, Georgia Thursday, March 1, 1990 Thirty-sixth 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. Senator Kidd of the 25th moved that the Senate reconsider its action of February 28 in passing the following bill of the House: HB 1312. By Representatives Lee of the 72nd and Murphy of the 18th: A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authori zation for conversion of contributions to personal use; to provide that contribu tions shall not constitute personal assets of a candidate or public officer. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Bowen Coleman Dean Gillis Harris Huggins Kennedy Kidd Olmstead Parker Pollard Ray Scott of 36th Turner Those voting in the negative were Senators: Baldwin Barnes Burton Collins Dawkins Echols Egan Foster Howard McKenzie Peevy Ragan of 10th Stumbaugh Taylor Tysinger Those not voting were Senators: Albert Barker Brannon BCDlfeaoayul n Edge English Engram Fincher Fuller Garner JH LoahnTM ndson11 Langford Newbill Perry Phillips Ragan of 32nd Scott of 2nd Shumake Starr Tate Timmons Walker On the motion, the yeas were 15, nays 15; the motion was lost, and HB 1312 was not reconsidered. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. 1860 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 2002. By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Williams of the 48th, Alford of the 57th and others: A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to provide for an additional member of the Board of Education of the City of Decatur. HB 2013. By Representative Green of the 106th: A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the compensation of the members of the board of commissioners. HB 2014. By Representative Parrish of the 109th: A bill to amend an Act creating a board of commissioners for Emanuel County, so as to change the compensation of the members and chairman of that board. HB 2015. By Representative Stancil of the 66th: A bill to amend an Act providing a new charter for the City of Madison, so as to provide for a city manager. HB 2016. By Representative Chance of the 129th: A bill creating a new charter for the Town of Rincon, so as to clarify and redefine the corporate limits of said town. HB 2017. By Representative Murphy of the 18th: A bill to amend an Act creating a new charter for the City of Tallapoosa, so as to change the corporate limits of the city. HB 2018. By Representatives Gresham of the 21st, Atkins of the 21st, Howren of the 20th, Ehrhart of the 20th, Clark of the 20th and others: A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compen sation of the tax commissioner, the chief clerk, and the executive secretary. HB 2019. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners. HB 2020. By Representative Heard of the 43rd: A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for councilmen election posts and for designations relating to such posts and the office of mayor; to provide for the manner of electing members of the city council and provide for terms and election dates. THURSDAY, MARCH 1, 1990 1861 HB 2021. By Representatives Dixon of the 151st and Crosby of the 150th: A bill to amend an Act creating the board of commissioners for Charlton County, so as to change the compensation provisions relating to the chairman and other members of the board. HB 2022. By Representative Oliver of the 121st: A bill to amend an Act creating a board of commissioners for Tattnall County, so as to change certain provisions relating to compensation of the chairman and members of the board of commissioners. HB 2023. By Representatives Alford of the 57th, Athon of the 57th, Teper of the 46th, Baker of the 51st, Mangum of the 57th and others: A bill to amend an Act incorporating the City of Avondale Estates, so as to pro vide for the corporate limits of said city. HB 2024. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensa tion of the sheriff, clerk of the superior court, and judge of the probate court; to provide for a cost-of-living adjustment. HB 2025. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, so as to change the compensation of the chief magistrate; to provide for a cost-of-living adjustment. HB 2026. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner; to provide for a cost-of-liv ing adjustment. HB 2027. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner; to provide for a costof-living adjustment. HB 2028. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk and deputy clerk of the superior court. HB 2029. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th: A bill to provide that Houston County may receive the proceeds of the special county 1 percent sales and use tax provided for in Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, without such receipt resulting in a corresponding limitation of its ad valorem taxing powers, as would otherwise re sult from the operation of that constitutional amendment limiting the ad 1862 JOURNAL OF THE SENATE valorem taxing powers of Houston County and the Houston County School District. HB 2030. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Ehrhart of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. HB 2031. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to create the Camden County Public Service Authority; to provide a short title. HB 2035. By Representatives Yates of the 75th and Adams of the 79th: A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the expense allowance of the chairman and members of the board. HB 2036. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Walker of the 85th, Ransom of the 90th and others: A bill to amend an Act providing a charter for the City of Augusta, so as to provide for intent; to reduce the period within which candidates shall be required to file notice of candidacy and otherwise qualify to run for the office of mayor or the office of councilmember of the city council of Augusta. HB 2037. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd: A bill to amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, so as to change the provisions relating to spe cial assessments for certain improvements and provide for liens therefor and en forcement thereof. HB 2038. By Representatives Goodwin of the 63rd, Wall of the 61st, Orr of the 9th, Lawson of the 9th and Mobley of the 64th: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to provide for compensation supplements of certain senior judges serving as judges of the Gwinnett Judicial Circuit. HB 2039. By Representative Carrell of the 65th: A bill to amend an Act providing for a homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain res idents of that county, so as to change the definition of "homestead"; to increase the homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county. HB 2040. By Representatives Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd, Johnson of the 123rd and Kingston of the 125th: A bill to amend an Act to provide for the payment to the district attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the district attorney from the State of Georgia, so as to change the amount of such supplement. THURSDAY, MARCH 1, 1990 1863 HB 2045. By Representative Ray of the 98th: A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exercise all rede velopment and other powers authorized or granted counties pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers. HB 2047. By Representative Ricketson of the 82nd: A bill to amend an Act providing for the election of the members of the board of education of Wilkes County, so as to change the provisions relating to the elec tion and terms of members of said board. HB 2048. By Representatives Crosby of the 150th and Dixon of the 151st: A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 956. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Vaughan of the 20th, Aiken of the 21st and others: A resolution creating the Cobb County Legal Costs and Public Officers' Indepen dent Counsel Study Commission. The following bill of the Senate was introduced, read the first time and referred to committee: SB 766. By Senators Ragan of the 32nd, Clay of the 37th, 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 increase the number of assistant solicitors; to provide that one of such assis tant solicitors shall be assigned to the Cobb County Adult Detention Center; to provide for related matters; to provide an effective date. Referred to Committee on Urban and County Affairs. The following bills and resolution of the House were read the first time and referred to committee: HB 2002. By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th and others: A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to provide for an additional member of the Board of Education of the City of Decatur. Referred to Committee on Urban and County Affairs. HB 2013. By Representative Green of the 106th: A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the compensation of the members of the board of commissioners. Referred to Committee on Urban and County Affairs. 1864 JOURNAL OF THE SENATE HB 2014. By Representative Parrish of the 109th: A bill to amend an Act creating a board of commissioners for Emanuel County, so as to change the compensation of the members and chairman of that board. Referred to Committee on Urban and County Affairs. HB 2015. By Representative Stancil of the 66th: A bill to amend an Act providing a new charter for the City of Madison, so as to provide for a city manager. Referred to Committee on Urban and County Affairs. HB 2016. By Representative Chance of the 129th: A bill creating a new charter for the Town of Rincon, so as to clarify and redefine the corporate limits of said town. Referred to Committee on Urban and County Affairs. HB 2017. By Representative Murphy of the 18th: A bill to amend an Act creating a new charter for the City of Tallapoosa, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 2018. By Representatives Gresham of the 21st, Atkins of the 21st, Howren of the 20th and others: A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compen sation of the tax commissioner, the chief clerk, and the executive secretary. Referred to Committee on Urban and County Affairs. HB 2019. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners. Referred to Committee on Urban and County Affairs. HB 2020. By Representative Heard of the 43rd: A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for councilmen election posts and for designations relating to such posts and the office of mayor; to provide for the manner of electing members of the city council and provide for terms and election dates. Referred to Committee on Urban and County Affairs. HB 2021. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating the board of commissioners for Charlton County, so as to change the compensation provisions relating to the chairman and other members of the board. Referred to Committee on Urban and County Affairs. HB 2022. By Representative Oliver of the 121st: A bill to amend an Act creating a board of commissioners for Tattnall County, so as to change certain provisions relating to compensation of the chairman and members of the board of commissioners. Referred to Committee on Urban and County Affairs. THURSDAY, MARCH 1, 1990 1865 HB 2023. By Representatives Alford of the 57th, Athon of the 57th, Teper of the 46th and others: A bill to amend an Act incorporating the City of Avondale Estates, so as to pro vide for the corporate limits of said city. Referred to Committee on Urban and County Affairs. HB 2024. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensa tion of the sheriff, clerk of the superior court, and judge of the probate court; to provide for a cost-of-living adjustment. Referred to Committee on Urban and County Affairs. HB 2025. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, so as to change the compensation of the chief magistrate; to provide for a cost-of-living adjustment. Referred to Committee on Urban and County Affairs. HB 2026. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner; to provide for a cost-of-liv ing adjustment. Referred to Committee on Urban and County Affairs. HB 2027. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner; to provide for a costof-living adjustment. HB 2028. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk and deputy clerk of the superior court. Referred to Committee on Urban and County Affairs. HB 2029. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th: A bill to provide that Houston County may receive the proceeds of the special county 1 percent sales and use tax provided for in Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, without such receipt resulting in a corresponding limitation of its ad valorem taxing powers, as would otherwise re sult from the operation of that constitutional amendment limiting the ad valorem taxing powers of Houston County and the Houston County School District. Referred to Committee on Urban and County Affairs. 1866 JOURNAL OF THE SENATE HB 2030. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. Referred to Committee on Urban and County Affairs. HB 2031. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to create the Camden County Public Service Authority; to provide a short title. Referred to Committee on Urban and County Affairs. HB 2035. By Representatives Yates of the 75th and Adams of the 79th: A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the expense allowance of the chairman and members of the board. Referred to Committee on Urban and County Affairs. HB 2036. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th and others: A bill to amend an Act providing a charter for the City of Augusta, so as to provide for intent; to reduce the period within which candidates shall be required to file notice of candidacy and otherwise qualify to run for the office of mayor or the office of councilmember of the city council of Augusta. Referred to Committee on Urban and County Affairs. HB 2037. By Representatives Foster of the 6th and Griffin of the 6th: A bill to amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, so as to change the provisions relating to spe cial assessments for certain improvements and provide for liens therefor and en forcement thereof. Referred to Committee on Urban and County Affairs. HB 2038. By Representatives Goodwin of the 63rd, Wall of the 61st, Orr of the 9th and others: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to provide for compensation supplements of certain senior judges serving as judges of the Gwinnett Judicial Circuit. Referred to Committee on Urban and County Affairs. HB 2039. By Representative Carrell of the 65th: A bill to amend an Act providing for a homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain res idents of that county, so as to change the definition of "homestead"; to increase the homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county. Referred to Committee on Urban and County Affairs. THURSDAY, MARCH 1, 1990 1867 HB 2040. By Representatives Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and others: A bill to amend an Act to provide for the payment to the district attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the district attorney from the State of Georgia, so as to change the amount of such supplement. Referred to Committee on Urban and County Affairs. HB 2045. By Representative Ray of the 98th: A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exercise all rede velopment and other powers authorized or granted counties pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers. Referred to Committee on Urban and County Affairs. HB 2047. By Representative Ricketson of the 82nd: A bill to amend an Act providing for the election of the members of the board of education of Wilkes County, so as to change the provisions relating to the elec tion and terms of members of said board. Referred to Committee on Urban and County Affairs. HB 2048. By Representatives Crosby of the 150th and Dixon of the 151st: A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HR 956. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th and others: A resolution creating the Cobb County Legal Costs and Public Officers' Indepen dent Counsel Study Commission. Referred to Committee on Urban and County Affairs. The following report of a standing committee was read by the Secretary: Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 516. Do pass. HB 1513. Do pass. HB 842. Do pass by substitute. HB 1740. Do pass. HB 1298. Do pass. HB 1854. Do pass as amended. HB 1482. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman 1868 JOURNAL OF THE SENATE 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 28, 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. 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 The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Human Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 947. Do pass. HB 1813. Do pass as amended. Respectfully submitted, Senator Olmstead of the 26th District, Vice Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 502. Do pass. HB 1449. Do pass. HB 1946. Do pass. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the House with the following recommendation: THURSDAY, MARCH 1, 1990 1869 HB 46. 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 House and has instructed me to report the same back to the Senate with the following recommendation: HR 912. Do pass by substitute. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 760. SB 761. SB 762. SB 763. SB 764. HB 1173. HB 1897. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. HB 1945. HB 1979. HB 1987 HB m& Do pass by substitute. Do pass. Do pass. DQ pasg HB 1991. Do pass. HB 1992' Do Pass' HB 1904. Do pass. HB 1993- Do pass. HB 1922. Do pass. HB 1994. Do pass. HB 1944. Do pass. HB 1995. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SR 470. By Senators Echols of the 6th, Gillis of the 20th, Ray of the 19th and Turner of the 8th: A resolution urging the Senate and House Committees on Appropriations to ap propriate adequate funding to continue the maintenance programs of the state park systems. SR 475. By Senator Shumake of the 39th: A resolution urging the Department of Human Resources, Department of Medi cal Assistance, and State Health Planning Agency to make certain studies and reports. 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 1870 JOURNAL OF THE SENATE require certain hospitals which operate emergency rooms to post certain notices in such emergency rooms; to provide for the content of such notices. 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 999. By Representative Martin of the 26th: 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 attorney in fact for health care to make health care decisions on behalf of such person; to provide for definitions; to provide for a durable power of attorney for health care; to provide for certain required contents of such documents. 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. 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 1139. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses. HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st and others: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy. 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. THURSDAY, MARCH 1, 1990 1871 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. 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. 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 1383. By Representatives Green of the 106th, Childers of the 15th, Ricketson of the 82nd and others: A bill to amend Article 7 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health care agencies, so as to change a certain term; to clarify the scope of home health agency service areas which are exempt from a certificate of need. HB 1397. By Representatives Baker of the 51st, Oliver of the 53rd, Robinson of the 96th and others: A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide for an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located; to provide that an evasive or incomplete answer shall be treated as a failure to answer. HB 1456. By Representative Langford of the 7th: A bill to amend Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records, so as to provide that a qualified representative of a deceased patient's estate may ob tain the medical records of such deceased patient. HB 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. HB 1480. By Representatives Aaron of the 56th, Richardson of the 52nd, Redding of the 50th and Moultrie of the 93rd: A bill to amend Code Section 48-5-512 of the Official Code of Georgia Annotated, relating to the issuance of executions against public utilities failing to file returns 1872 JOURNAL OF THE SENATE with the state revenue commissioner, so as to authorize the state revenue com missioner or the tax collector or tax commissioner of each county to issue execu tions against public utilities for the amount of taxes due the state, the county, a county school district, or any municipality within the county. HB 1505. By Representatives Orrock of the 30th and Green of the 106th: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye. HB 1514. By Representatives Martin of the 26th and Orrock of the 30th: A bill to repeal an Act approved April 17, 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit. HB 1523. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Geor gia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges. HB 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 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 1568. By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th and others: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a used car dealer. HB 1581. By Representatives Foster of the 6th and Griffin of the 6th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that the sheriff of any county, regardless of population, may deposit cash bonds and cash reserves of professional bondsmen in interest-bearing accounts in one or more financial institutions designated as county depositories. HB 1612. By Representatives Godbee of the 110th, Coleman of the 118th and Royal of the 144th: A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax. THURSDAY, MARCH 1, 1990 1873 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 1630. By Representatives Holland of the 136th, Poston of the 2nd, Fennel of the 155th and others: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement of ficers, firemen, prison guards, and publicly employed emergency medical techni cians, so as to change a certain definition. 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. HB 1660. By Representatives Kingston of the 125th and Dixon of the 128th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to authorize a county board of equalization by regulation to establish a notice of appeal filing fee not to exceed $20.00. 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. HB 1673. By Representatives Dover of the llth, Twiggs of the 4th and Groover of the 99th: A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to qualifications of special officers for the protection of railroad property, so as to change certain residency requirements. 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. HB 1677. By Representatives Ray of the 98th, Adams of the 79th and Jenkins of the 80th: A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," so as to change the definition of financial responsibility as it applies to habitual violators. 1874 JOURNAL OF THE SENATE HB 1711. By Representatives Coleman of the 118th, Holcomb of the 72nd, Benefield of the 72nd and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for a one-time exclusion of certain contributions to the Teachers Retirement System of Georgia. HB 1742. By Representative Godbee of the 110th: A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer. HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or op erating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally. HB 1797. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be maintained in connection with drivers' licenses, so as to provide for furnishing abstracts of driving records to certain agencies. 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. HB 1807. By Representatives Milam of the 81st, Alford of the 57th, Davis of the 72nd and Bishop of the 94th: A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to float a vessel on certain lakes with a toilet that is not designed for no discharge and to fail to display a certificate of compliance; to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Boat Safety Act," so as to expand the definition of "protected fresh waters". HB 1808. By Representative Crosby of the 150th: A bill to amend Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, so as to provide that upon the approval, modification, or revocation of a permit for handling solid waste, and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal fa cility or site is located or to be located. THURSDAY, MARCH 1, 1990 1875 HB 1957. By Representative Dobbs of the 74th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for the collection and disposal of sewage from flush toilets used at construction sites and special events. 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 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 809. By Representative Heard of the 43rd: A resolution directing the State Health Planning Agency to make certain studies and reports. HR 847. By Representative Connell of the 87th: A resolution to amend a resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, so as to restate the authorized purposes of such estate for years or usufruct. HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A resolution authorizing the conveyance of certain state owned real property lo cated in Cherokee County, Georgia. HR 872. By Representatives Dixon of the 128th, Watts of the 41st, Dover of the llth and others: A resolution creating the Joint Abortion Study Committee. HR 886. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution creating the Joint Study Committee on State Officials' Compensation. HR 930. By Representatives Balkcom of the 140th, McDonald of the 12th and Patten of the 149th: A resolution requiring the Department of Natural Resources to report to the General Assembly of Georgia certain income and expenditures of funds. HB 46. By Representatives Dover of the llth, Lord of the 107th, Colwell of the 4th and others: 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 for certain members for service on active duty in the armed forces of the United States during World War II. 1876 JOURNAL OF THE SENATE 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 regualtions adopted by condominium associations; to prohibit the disproportionate allocation of common expenses. HB 516. By Representative Hamilton of the 124th: A bill to amend Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, so as to provide for a tangible savings award to be granted under certain circumstances. 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. HB 947. By Representatives Dobbs of the 74th, Alford of the 57th and Green of the 106th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment. HB 1298. By Representative Smith of the 78th: A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers. HB 1449. By Representative Robinson of the 96th: 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 revise the laws relating to trade secrets; to provide a short title. HB 1482. By Representatives Hanner of the 131st, Ray of the 98th and Smith of the 152nd: A bill to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes, so as to change the effective date of the cen sus for the purpose of certain laws providing for the compensation of certain local officials. HB 1513. By Representatives Orrock of the 30th, Aaron of the 56th, Dixon of the 128th and others: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize an employee in the classified service who has accumulated sick leave to utilize such sick leave at any time such employee is sick; to require an em ployee to telephone the appropriate authority each day when such employee is absent from work on sick leave. THURSDAY, MARCH 1, 1990 1877 HB 1740. By Representative Randall of the 101st: A bill to amend Code Section 43-18-8, relating to the termination date of the State Board of Funeral Service, so as to change the termination date to July 1, 1996. HB 1813. By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state. HB 1854. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th and others: 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. HB 1946. By Representatives Thomas of the 69th, Simpson of the 70th, Meadows of the 91st and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor. HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, White of the 132nd and others: A resolution relative to the establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; establishing a confer ence steering committee. The President called for the morning roll call, and the following Senators answered to their names: Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Coleman Collins Dawkins Dean Echols Egan English Engram Fincher Foster Gillis Hammill Harris Huggins Johnson Kennedy Land McKenzie Those not answering were Senators: Barker Clay Deal Edge Fuller Garner Newbill Olmstead Parker Peevy Pollard Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Turner Tysinger Howard Kidd Langford 1878 JOURNAL OF THE SENATE Perry Phillips Ragan of 10th Scott of 2nd Shumake Tate Taylor Timmons Walker Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold Withers, pastor of First Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 490. By Senator Broun of the 46th: A resolution expressing regret at the passing of E. Gordon Dudley. SR 491. By Senator Bowen of the 13th: A resolution commending Conservation Sergeant Leonard Stuart. SR 492. By Senator Collins of the 17th: A resolution expressing regret at the untimely passing of Mr. George N. Martin, Jr. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, March 1, 1990 THIRTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 760 Engram, 34th Fayette County Provides for the appointment of the school superintendent of the Fayette County School System and provides for terms and vacancies; provides for the applicability of laws; provides for a referendum. SB 761 Johnson, 47th Jackson County City of Jefferson Repeals the provisions for emergency approval and adoption of ordinances; changes the provisions and procedures relating to the approval and adoption of ordinances. SB 762 English, 21st Jefferson County Provides for election of the chairman and the members of the board of edu cation; provides for four education districts; provides for qualifications of the chairman and the members of the board; provides for the manner of election, and for other purposes. SB 763 Albert, 23rd Pollard, 24th Columbia County Provides for a referendum election in the Columbia County School District at THURSDAY, MARCH 1, 1990 1879 which the voters of said school district shall be given three options relating to the election or appointment of future school superintendents of said school district. SB 764 Johnson, 47th Jackson County City of Jefferson Provides authority for the Mayor and Council to levy and collect a school tax not greater than 20 mills per dollar for the support and maintenance of edu cation for the public school system in the City of Jefferson. *HB 1173 Tate, 38th Engram, 34th Scott, 36th Langford, 35th Shumake, 39th Fulton County Provides for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System. (SUBSTITUTE) HB 1897 Harris, 27th Lamar County Authorizes the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lamar County. HB 1904 Broun, 46th Clarke County City of Athens Provides for the unification of the existing governments of the City of Athens and Clarke County; provides for the creation of the unified government of Athens-Clarke County. HB 1922 Engram, 34th Edge, 28th Griffin Judicial Circuit Changes the county supplement for the superior court judges of the Griffin Judicial Circuit. HB 1944 Ragan, 10th Thomas County City of Thomasville Provides a new charter for the City of Thomasville. *HB 1945 Broun, 46th Clarke County City of Athens Provides for the number of members and for the election of members of the Board of Education of Clarke County. (SUBSTITUTE) HB 1968 Peevy, 48th Phillips, 9th 1880 JOURNAL OF THE SENATE Gwinnett County City of Snellville Changes the corporate limits of the city. HB 1979 Bowen, 13th Turner County City of Ashburn Provides that the mayor and council-members shall serve for two-year terms; to provide for elections. HB 1987 Bowen, 13th Worth County Changes the method of filling vacancies on the Board of Commissioners of Roads and Revenues of Worth County. HB 1988 Bowen, 13th Worth County City of Warwick Provides that the mayor and members of the city council shall serve for twoyear terms; to provide for elections. HB 1991 Bowen, 13th Worth County Changes the salary of the solicitor of the State Court of Worth County. HB 1992 McKenzie, 14th Lee County Changes a certain provision relating to the employment of deputies. HB 1993 Garner, 30th Baldwin, 29th Carroll County Includes Carroll County as a member county of the West Georgia Regional Water Authority; changes the membership of the authority. HB 1994 Ragan, 32nd Barnes, 33rd Clay, 37th Newbill, 56th Cobb County Changes the compensation of the judge of the Juvenile Court of Cobb County. HB 1995 Clay, 37th Cobb County City of Acworth Changes the corporate limits of the city. THURSDAY, MARCH 1, 1990 1881 The substitutes to the following bills were put upon their adoption: *HB 1173: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1173: A BILL To be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System; to provide that said board shall be composed of seven individuals; to provide for the method of selection of such individuals and terms for the same; to redefine the status of the executive secretary and employees of the board; to provide for the supervision of the treasurer of such board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved Feb ruary 2, 1945 (Ga. L. 1945, p. 528), as amended, is further amended by striking therefrom Section 3 in its entirety and substituting in lieu thereof seven new sections which shall be known as Sections 3A, 3B, 3C, 3D, 3E, 3F, and 3G, to read as follows: "Section 3A. There is established a School Pension Board whose duty shall be to ad minister the said pension and retirement fund. Said board shall consist of seven members, qualified and chosen as follows: (1) Two members of the Fulton County Board of Education are to be chosen by the Fulton County Board of Education and to be known as Positions 1 and 2; (2) One member who shall be an active teacher or employee of the board of education who is a member of the Teachers Retirement System of Georgia as well as a participant in this fund, to be known as Position 3. Such member shall be elected by active teachers and employees of the board of education who are members of the Teachers Retirement System of Georgia, as well as participants in this fund. The member of the pension board holding such position on the effective date of this section may continue to hold such position until April 30, 1992, provided such person remains otherwise qualified; (3) One member who shall be an active employee of the board of education who is a participant in the fund and who is not a member of the Teachers Retirement System of Georgia, to be chosen by active employees of the board of education who are participants in the fund and who are not members of the Teachers Retirement System of Georgia and to be known as Position 4; (4) One member selected by the other six members of the pension board, but in case of a tie vote by the other members of the pension board, the Fulton County legislative delega tion who are qualified shall appoint such member to be known as Position 5. Such member, regardless of the manner in which he or she is selected, shall not be a current member of this fund or a current or former teacher or employee of said board of education or a member of the General Assembly but shall be a citizen of Fulton County with substantial prior expe rience in financial and investment matters; and (5) Two members who shall be former teachers or employees of the board of education who shall be receiving a pension benefit from the fund, to be chosen by individuals receiving a pension from the fund and to be known as Positions 6 and 7. Section 3B. (a) Except as hereafter provided in this section, said members shall hold 1882 JOURNAL OF THE SENATE office for a term of four years and until their successors have been duly elected and qualified. (b) Within 60 days following the effective date of this Act, new members of the board shall be elected for Position 4 with a term ending April 30, 1993; for Position 6 with a term ending April 30, 1994; and for Position 7 with a term ending April 30, 1992. (c) Subject to the provisions of Section 3A of this Act, in the event of the death, resig nation, or other disability of a pension board member which renders him or her incapable of performing the duties of a pension board member during his or her term of office, said member's replacement shall be selected in the manner specified in Section 3A of this Act for such position to serve the remaining balance of such term of office. Section 3C. The said pension board shall elect its own chairperson and secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by it. The members of the said pension board shall serve without pay. The pension board may employ an executive secretary and other personnel who shall serve at the will of the pension board at salaries to be designated by said pension board. With the consent of the Fulton County Board of Education, such executive secretary shall be treated as an employee of the Fulton County Board of Education for benefits and tax reporting purposes. Section 3D. The pension board shall have the authority to adopt rules and regulations in the administration of said pension fund in carrying out the provisions of this Act, to reconcile conflicts therein if any should exist, and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act; provided, however, that all such rules must be consistent with the terms and spirit of this Act. Section 3E. The administrator of finance for the school system administered by said board of education is designated as treasurer and custodian of said pension fund and shall be subject to the direction of the pension board for the purpose of carrying out his or her duties under this Act. Whenever any pension has been granted by said pension board, a check shall be drawn on the pension fund, providing for the payment of the pension as the same matures, to be signed by the chairperson of said pension board and countersigned and paid by said treasurer. Section 3F. Four members of said pension board shall constitute a quorum and notice by the secretary shall be given for special or called meetings of the pension board. The chairperson of said pension board shall give a bond with a good corporate surety in the sum of $5,000.00 for his or her faithful performance as chairperson of said pension board and said treasurer shall give a bond with a good corporate surety in the sum of $25,000.00 for the faithful performance as treasurer and custodian of said pension fund. The premiums on such bonds shall be an expense of such pension fund. Section 3G. Except as otherwise provided in this Act, no member of the pension board or employee of the pension board shall have any personal interest in the gains or profits from any investment made by the pension board or use the assets of the pension fund in any manner, directly or indirectly, for himself or herself or as an agent, except to make such payments as are authorized by the pension board in accordance with this Act." Section 2. This Act shall become effective on May 1, 1990. Section 3 All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 1, 1990 1883 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 Dick Lane State Representative FROM: G. W. Hogan, State Auditor DATE: February 6, 1990 SUBJECT: House Bill 1173 (Substitute) (LC 20 0461S) Fulton County School Employees Pension System This bill would revise provisions pertaining to the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System. The terms of office of the members of the School Pension Board and the status of the executive secretary and employees of the board would also be redefined. If enacted, this bill would become effective July 1, 1990. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. kl G. W. Hogan State Auditor On the adoption of the substitute, the yeas were 38, nays 1, and the substitute was adopted. *HB 1945: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1945: A BILL To be entitled an Act to amend an Act providing for the merger of the existing inde pendent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, so as to provide for the number of members and for the election of members of the Board of Education of Clarke County; to provide for education districts; to provide for elections; to provide for the compensation of the members; to provide for the filling of va cancies; to provide for the election of the chairman of the board; to repeal certain provi sions; to provide for related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: "Section 5. (a) The Board of Education of Clarke County shall be composed of eight members to be elected as provided in this Act. For the purposes of electing members of the Board of Education of Clarke County, the Clarke County School District shall be divided into eight education districts as follows: 1884 JOURNAL OF THE SENATE Education District No. 1 Clarke Tract 14.01 Blocks 101 through 107, 110 through 112, and 116 through 122 Tract 14.02 Block Groups 1 through 6 Blocks 701 through 707 and 722 Those parts of Blocks 723 and 724 lying southeast of the Southern Railroad Line Blocks 725 through 732 Tract 15.02 Blocks 101 through 114 and 126 through 134 Block Group 2 Education District No. 2 Clarke Tract 3 Block Groups 1 and 2 Blocks 301 through 345 Tract 14.01 Blocks 108, 109, and 113 through 115 Block Group 2 Tract 14.02 Blocks 708 through 721 Those parts of Blocks 723 and 724 lying northwest of the Southern Railroad Line Education District No. 3 Clarke Tract 1 Blocks 106 through 115, 118 through 127, and 137 through 142 Tract 2 Block Group 1 Tract 5 Block 101 Tract 6 Blocks 110 and 125 through 143 Block Group 2 Tract 9 Education District No. 4 Clarke Tract 1 Blocks 101 through 105, 116, 117, and 128 through 136 Tract 3 Blocks 346 through 360 Tract 4 Tract 5 Blocks 102, 104, and 105 THURSDAY, MARCH 1, 1990 1885 Tract 10 Blocks 201 through 213 and 215 through 227 Tract 11 Blocks 205 through 218 Blocks 301 through 310 Education District No. 5 Clarke Tract 2 Block Group 2 Tract 6 Blocks 101 through 109 and 111 through 124 Tracts 7 and 8 Education District No. 6 Clarke Tract 13.01 Blocks 101 through 107 Block Groups 2 through 4 That part of Block 502 which lies northwest of Highway 10 (the Bypass) Blocks 503 through 510 Tract 13.02 Education District No. 7 Clarke Tract 5 Block 103 Tract 10 Blocks 101 through 115 and 117 through 131 Block 214 Tract 11 Block Group 1 Blocks 201 through 204 Tract 12 Tract 13.01 Blocks 108 through 121 That part of Block 502 which lies southeast of Highway 10 (the Bypass) Tract 15.02 Blocks 401 through 414 and 417 Education District No. 8 Clarke Tract 11 Blocks 311 through 317 Tract 15.01 Tract 15.02 Blocks 135 and 136 Block Group 3 Blocks 415 and 416 1886 JOURNAL OF THE SENATE (b) For the purposes of this section: (1) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (c) Any portion of the Clarke County School District which is not included in any edu cation district described in this section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (d) Candidates offering for election to said board of education shall designate the edu cation district for which they are offering. There shall be elected one member from each of said districts. No person shall be eligible as a candidate for election to said board of educa tion unless such person shall have been a bona fide resident of the education district for which such person is offering for at least one year immediately preceding the date of the election. If members of the board move their residence from the respective education dis tricts which they represent, their respective positions on the board shall thereby become vacant, and such vacancies shall be filled as provided in subsection (g) of this section. Can didates shall be elected by a majority vote of the qualified voters voting within their respec tive education districts as provided in subsection (e) of this section. (e) The members of the board of education shall be nominated and elected in nonpartisan primaries and elections as provided for in Code Section 21-2-139 of the O.C.G.A. The primaries shall be held on the same date as the general primary in the years during which general primaries are held and the elections shall be held on the same date as the general election in the years during which general elections are held. Except for being elected from education districts as provided for in this section, each member of the board of education shall be nominated and elected at said nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' (f) The initial members of the Board of Education of Clarke County provided for by this section shall be elected at the general election in November, 1992, and shall take office on the first day of January next following their election. In order to provide for staggered terms, the members elected to represent Education Districts No. 1, No. 2, No. 3, and No. 4 shall serve for terms of four years each and until their respective successors are elected and qualified. The members elected to represent Education Districts No. 5, No. 6, No. 7, and No. 8 shall serve for terms of two years each and until their respective successors are elected and qualified. All board of education members elected in subsequent elections after the gen eral election of 1992 shall serve for terms of four years each and until their respective suc cessors are elected and qualified, so that four members of the board of education shall be elected at the general election held every two years. (g) In the event of a vacancy on the board of education for any reason, such vacancy shall be filled as follows: (1) If the vacancy occurs during the first 20 months of a term of office, the vacancy shall be filled for the unexpired term of office by the election of a successor at a special election in the education district wherein the vacancy occurred. Such special election shall be held on the same date as the election for school board members which is first held immediately following the occurrence of the vacancy. The remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy exists to fill such vacancy until it is filled by election as provided in this paragraph. The special elections provided for in this paragraph and any run-off elections that may be necessary to determine a winner by majority vote of the voters voting within the applicable education district shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the THURSDAY, MARCH 1, 1990 1887 O.C.G.A., known as the 'Georgia Election Code.' A person elected to fill a vacancy as pro vided in this paragraph shall take office on the first day of January immediately following the election to serve for the remainder of the unexpired term; or (2) If the vacancy occurs during the last 28 months of a term of office, the remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy occurred to serve for the remainder of the unexpired term. (h) The chairman of the Board of Education of Clarke County shall be elected from the membership of the board by a majority vote of the members. The chairman shall be elected at the first regular meeting of the board held during January of each odd-numbered year and shall serve until a successor is elected by the board as herein provided. The chairman shall be compensated in the amount of $75.00 per meeting not to exceed $375.00 per month, and each of the other members shall be compensated in the amount of $50.00 per meeting not to exceed $250.00 per month. (i) Each member of the board of education, upon assuming office, shall take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the Superior Court of Clarke County or by the clerk of the same. The board of education shall hold regular monthly meetings on a date fixed by said board but may, by resolution, dis pense with such meetings during June, July, and August of each year. The chairman may call special meetings upon 24 hours' written notice to the board members or shall call a special meeting upon written request of two-thirds of the board members. At all meetings a majority of the entire membership of said board shall constitute a quorum for the transac tion of business." Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof the following: "Section 6. Reserved." Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clarke County shall call and conduct a referendum election for the purpose of submitting this Act to the electors of the Clarke County School District for approval or rejection. Such referendum election shall be held on the date of and in conjunc tion with the 1990 November general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clarke County. The ballot shall have written or printed thereon the words: "[ ] YES [ ] NO Shall the Act be approved which provides for the election of members of the Board of Education of Clarke County?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne equally by the City of Athens and Clarke County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 4. (a) The General Assembly recognizes that the results of the 1990 decennial census will or may require adjustments in the boundaries of the education districts provided for in this Act. It is the intention of the General Assembly that further legislation to accom plish such adjustments shall be enacted at the first regular or special session of the General Assembly held after the release of the 1990 census data and prior to the opening of qualify ing for the 1992 nonpartisan primary; and it is the intention of the General Assembly that such legislation will make all such adjustments as may be necessary for compliance with the 1888 JOURNAL OF THE SENATE requirements of the United States Constitution and the federal Voting Rights Act of 1965, as amended. (b) For the purpose of holding the referendum election, this Act shall become effective upon the approval of the Governor or upon its becoming law without such approval. For the purpose of electing members of the Board of Education of Clarke County created by this Act, this Act shall become effective upon the certification of the results of the election pro vided by Section 3 of this Act. For all other purposes, this Act shall become effective Janu ary 1, 1993. Section 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the 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 Barnes Bowen Brannon B,urton CCloalylins Dawkins Dean Echols English Engram Fincher Foster Garner Gillis Hammill S arrl% HHuogwgairnds Johnson Kennedy Kidd Olmstead Parker Peevy Perry Phillips Pollard R of 1Qth Ragan of 32nd S,, coB,tt. of- 3.,,6.t,h Stumbaugh Timmons Turner Tysinger Voting in the negative was Senator Newbill. Those not voting were Senators: Baldwin Barker Broun Coleman Deal Edge Egan Fuller Land Langford McKenzie Ray Scott of 2nd Shumake n, Tate Walker On the passage of all the local bills, the yeas were 38, nays 1. All the bills on the Senate Local Consent Calendar, except HB 1173 and HB 1945, having received the requisite constitutional majority, were passed. HB 1173 and HB 1945, having received the requisite constitutional majority, were passed by substitute. Senator Shumake of the 39th moved that HB 1173, having been passed on the Senate Local Consent Calendar today, be immediately transmitted to the House. THURSDAY, MARCH 1, 1990 1889 On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 1173 was imme diately transmitted to the House. Senator Broun of the 46th moved that HB 1945, having been passed on the Senate Local Consent Calendar today, be immediately transmitted to the House. On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1945 was imme diately transmitted to the House. Senator Stumbaugh of the 55th moved that the following bill of the House be with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Insurance: 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 pplicyholder and its insurer. On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1609 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Insurance. Senator Stumbaugh of the 55th moved that the following bill of the House be with drawn from the Senate Committee on Human Resources and committed to the Senate Com mittee on Insurance: HB 1137. By Representative Richardson of the 52nd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of contin uing care providers and facilities; to provide for exemptions; to prohibit continu ing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department. On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 1137 was with drawn from the Senate Committee on Human Resources and committed to the Senate Com mittee on Insurance. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. 1890 JOURNAL OF THE SENATE The House substitute to SB 524 was as follows: 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 appropriate usage rates for high volume customers; to provide for toll free calls between telephones of different telephone companies operating in the same county; to pro vide 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 that no plan shall require any telephone company to pay the revenues lost or expenses incurred by an other telephone company to implement the plan except under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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; provided, however, that the commission shall authorize provision for appropriate usage rates for high volume customers. Where two or more telephone com panies operate in the same county, each company shall provide toll free service for 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 (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/or a reduction in intra-LATA toll rates to a level comparable to present inter-LATA toll 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, except as mutually agreed upon by the telephone companies and the Public Service Commission in order to maintain reasonable rates for the telephone subscribers. Only companies which prove their financial hardship to the Public Service Commission shall be eligible for sharing of their expenses or lost revenues." THURSDAY, MARCH 1, 1990 1891 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 Johnson of the 47th moved that the Senate disagree to the House substitute to SB 524. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 524. SENATE RULES CALENDAR Thursday, March 1, 1990 THIRTY-SIXTH LEGISLATIVE DAY HR 592 U.S. 441 Business Historic : Route--extend, redesignate (Substitute) (Trans--50th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 738 Teachers Retirement--postretirement benefit adjustment (dollar amount) (Ret--llth) HB 752 District Attorneys' Retirement--transfer of membership to Employees' Retire ment (Ret--24th) HB 754 Employees' Retirement--General Assembly members survivors' benefits (Ret--24th) HB 764 Public Retirement Systems--no benefits when certain crimes committed (Ret--24th) HB 1246 Funeral Police Escort--immunity from liability (Pub S--51st) HB 1757 GeorgiaNet Authority--create for providing access to state information (Substi tute) (Approp--44th) HB 1610 Small Minority Business Development Corporation--$50,000 to commence (Gov Op--25th) HB 1541 Medical Assistance Department--obtaining interest, liability for interest (Judy--42nd) HB 1335 Agricultural Property--filing date for preferential assessment (B&F--8th) HB 776 Tax Collectors--alternative dates, ad valorem taxes (B&F--28th) HB 115 Peace Officers' Annuity Fund--when beneficiary spouse predeceases (Ret--20th) HB 1352 Wills--when legacy device to subscribing witness not void (Judy--40th) HB 1367 Honeybees--powers of Agriculture Commissioner to deal with certain diseases (Ag--21st) HB 1326 State Liability Insurance Coverage--certain nonprofit agencies (Gov Op--5th) HB 677 Local School Systems--social workers in lieu of attendance officers (Ed--49th) HB 1320 Removal of Child from Home--case plan for reunification (C&Y--18th) HR 764 Bartow County--easement for underground pipe line (Pub U--31st) HB 1321 Deprivation, Child Molestation Cases--child may testify (C&Y--18th) HB 1708 Local Government Bonds--legislative intent (U&CA G--1st) HB 1366 Animal Protection Act--redefine "stable" (Ag--21st) HB 9 Person Contracting with State--drug-free workplace (Judy--15th) HB 1889 Agrirama Development Authority Overview Committee--establish (Amendment) (Ag--6th) 1892 JOURNAL OF THE SENATE HB 1412 Game Hunting--handguns with certain barrel length legal (Nat R--30th) HB 1553 Covenant Restricting Land to Certain Uses--extension provisions, certain coun ties (Gov Op--25th) HB 1392 Fiduciary Administering Estate--annual returns (Judy--37th) HB 1554 Prestige License Plates--Pearl Harbor veterans (D&VA--15th) HB 1177 Unreturned Property Discovery for School Tax--county education funds (Amendment) (B&F--49th) HB 1390 Power of Guardian--probate judges approve certain settlements (Judy--37th) HB 1297 Certain Crimes on School Property--school personnel report to police (Substi tute) (Ed--38th) HB 1444 Special 1 Percent County Sales Tax--certain project records (B&F--8th) HB 141 Superior Court Judges--salary schedule of secretaries (Judy--44th) HB 1720 State Purchasing--sealed bids, certain purchases (Gov Op--25th) HR 580 Fulton County--conveyance for certain state property (Pub U--38th) HB 1333 Sale of Subdivided Land--Real Estate Commission powers (I&L--28th) HB 109 Teachers Retirement--credit for visiting scholar service (Ret--llth) HB 1240 Business of Selling, Issuing Checks--license required (B&F--8th) HB 1571 Vidalia Sweet Onion--official state vegetable (Ag--20th) HB 1492 Motor Vehicle Sale by Auction--sale of collateral (B&F--25th) HB 623 Transfer from Local Retirement Fund to Teachers Retirement--payment to school system (Ret--40th) HB 1540 Ad Valorem Tax--annual report by counties on certain property millage rate (B&F--8th) HB 1516 Boards of Education--repeal Section on failure to arrange for operation of schools (Ed--50th) HB 1446 Legislative Counsel--compile Georgia Laws (Substitute) (Judy--49th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general resolution of the House, having been read the third time and final action suspended on February 28, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HR 592. By Representatives Jamieson of the llth and Dover of the llth: A resolution extending and redesignating the U.S. 441 Business Historic Route. Senate Sponsor: Senator Foster of the 50th. The substitute to HR 592 offered by Senators Dean of the 31st, Gillis of the 20th, Fos ter of the 50th, Garner of the 30th and Kennedy of the 4th, as it appears in the Journal of February 28, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 33, 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: THURSDAY, MARCH 1, 1990 1893 Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Egan English Engram Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Taylor Turner Tysinger Those not voting were Senators: Baldwin Coleman Edge Garner Howard Langford McKenzie Phillips Ray Stumbaugh Tate Timmons Walker On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd and others: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment. Senate Sponsors: Senators Timmons of the llth and Ragan of the 10th. The following Certification, as required by law, was read by the Secretary: TO: FROM: DATE: SUBJECT: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION The Honorable Bill Cummings, Chairman House Retirement Committee G. W. Hogan, State Auditor February 15, 1990 House Bill 738 (Committee Substitute) (LC 7 7710S) Employees' Retirement System, Legislative Retirement System, Teachers' 1894 JOURNAL OF THE SENATE Retirement System, Trial Judges and Solicitors Retirement System, Public School Employees Retirement System, Georgia Firemen's Pension Fund, Sheriffs' Retirement Fund of Georgia, Peace Officers' Retirement Fund, Su perior Court Clerks' Retirement Fund of Georgia, Superior Court Judges Re tirement System, and District Attorneys Retirement System This bill would authorize the board of trustees of certain retirement systems to increase the benefits of persons receiving benefits on July 1, 1990 under the retirement systems to offset or partially offset the Georgia income tax paid on such benefits. This authorization would be contingent on maintaining the actuarial soundness of the retirement systems, and would not apply to any portion of a benefit which exceeds $35,000 on the date the benefit increase is granted. The Act would become effective on July 1, 1990 if it is concurrently funded as provided by the "Public Retirement Systems Standards Law". This is to certify that the change made in this substitute bill (increase shall not apply to any portion of a benefit which exceeds $35,000) is nonfiscal as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor Senator Starr of the 44th moved that HB 738 be placed on the Table. On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 738 was placed on the Table. Senator Broun of the 46th introduced Dr. Winfred L. Godwin, president emeritus of the Southern Regional Education Board, having been recognized and commended by SR 300, adopted previously, who briefly addressed the Senate. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 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. 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 752 (LC 7 7134) District Attorneys' Retirement System This bill would allow district attorneys who are currently members of the District At torneys' Retirement System (and were contributing members of the Employees' Retirement THURSDAY, MARCH 1, 1990 1895 System (ERS) at the time of taking office as a district attorney) to transfer membership to the ERS. Provisions within the bill would require the transfer or payment of employee con tributions, employer contributions and any deficits (in contributions between the two retire ment systems) plus regular interest to the ERS. In order to transfer membership, a district attorney would be required to notify the ERS Board of Trustees by December 31, 1990. 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. The actuary for the District Attorneys' Retirement System found this bill to be a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. The impact of this bill on the Employees' Retirement System would be: (1) The amount of unfunded actuarial accrued liability which will result from the bill. $ Negligible (2) The amount of annual normal cost which will result from the bill. $ 0 (3) The employer contribution rate currently in effect. 17.85% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.85% (5) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ Negligible It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Is/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker E*arnes owen BQjuaryton C 0 ni ns Dawkins Deal Dean Echols Edge Egan Engram Fincher Gillis Hammill Huggins JKoehnnnseodny Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd RScaovtt of 2nd Scott of 36th Starr Stumbaugh Tate Turner 1896 JOURNAL OF THE SENATE Those not voting were Senators: Coleman Foster Fuller Garner Harris Howard McKenzie Shumake Taylor Timmons Tysmger Walker On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto: SR 116. By Senators Parker of the 15th, Scott of the 2nd, Deal of the 49th and others: A resolution proposing an amendment to Article II, Section II, of the Constitu tion, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection. The House substitute to SR 116 was as follows: A RESOLUTION Proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony involving moral turpitude shall be eligible to hold any office or appointment of honor or trust in this state unless that person's civil rights have been re stored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article II, Section II of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows: "Paragraph III. Persons not eligible to hold office. No person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appoint ments of honor or trust other than elected offices created by this Constitution may be pro vided by law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to provide that no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpi tude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote THURSDAY, MARCH 1, 1990 1897 ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Parker of the 15th moved that the Senate disagree to the House substitute to SR 116. On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SR 116. The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage. 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. 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 754 (LC 7 7454S) Employees' Retirement System This bill would revise provisions relating to the eligibility of members, former members, and retired members of the Employees' Retirement System (ERS) to receive benefits under the survivors benefits program and provisions authorizing the ERS Board of Trustees to provide survivors benefits (or group term life insurance) for certain members of the General Assembly. The survivors benefit program is administered under the ERS and is funded through employer and employee contributions which are accumulated in a fund separate from those of the retirement system. If enacted, this bill would become effective July 1, 1990. The actuarial investigation for this bill pursuant to a request by the House Retirement Committee identified that it is not a retirement bill as defined in the Public Retirement Systems Standards Law. However the provisions would require an annual employer cost estimated at $80,100 for changes in eligibility requirements of applicable members of the ERS and $9,900 for the coverage extended to applicable members of the General Assembly. The combined actuarial estimate of cost to the Survivors Benefit Fund would be $90,000 annually. /s/ G. W. Hogan State Auditor 1898 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 Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Langford Olmstead Those voting in the negative were Senators: Parker Peevy Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Barnes Edge Newbill Those not voting were Senators: Ragan of 32nd Allgood English Howard McKenzie Shumake Stumbaugh Tysinger Walker On the passage of the bill, the yeas were 44, nays 4. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Pollard of the 24th. THURSDAY, MARCH 1, 1990 1899 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 Larry J. Parrish State Representative FROM G. W. Hogan, State Auditor DATE: January 19, 1989 SUBJECT: House Bill 764 (LC 7 7129) Public Retirement Systems This bill would prevent any beneficiary under a public retirement system who commits or conspires to commit the murder or voluntary manslaughter of a member, retiree, or bene ficiary under a public retirement system from receiving any refund of contributions or any benefit upon the death of the member, retiree, or beneficiary. All rights, interests, and enti tlements to any such refund of contributions or benefits would go to either a secondary designated beneficiary or the estate of the member, retiree, or beneficiary. If enacted, this bill would become effective July 1, 1989. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. /s/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Bowen Brannon Broun Burton Engram Foster Fuller Garner Gillis Hammill Harris Peevy Perry Phillips Pollard Ragan of loth R of D Collins Dawkins Deal Dean Echols Edge English Kennedy Kidd Land Langford Newbill Olmstead Parker Those not voting were Senators: Allgood Baldwin Egan Fincher Howard McKenzie Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Shumake Timmons Walker 1900 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. The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto: SR 64. By Senators Scott of the 2nd and Tysinger of the 41st: A resolution authorizing the conveyance of certain state owned real property lo cated in Atlanta, Fulton County, Georgia; to provide an effective date. The House substitute to SR 64 was as follows: A RESOLUTION Authorizing the conveyance of certain state owned real property owned or to be ac quired by the State of Georgia in Atlanta, Fulton County, Georgia; authorizing the granting of nonexclusive easements under, upon, over, across, and through certain real property owned or to be acquired by the State of Georgia in Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 3 and 4 (contain ing .295 acre) and Tract 6 (containing .331 acres) and Tract 13 (containing 1.189 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 2 through 4, Fulton County records; Tracts 175 and 176 (containing .23 acres) and Tracts 170, 171, 172, 173 and 174 (containing .69 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 19 through 21, Fulton County records; Tract 130 (containing .2707 acre) and Tracts 140, 143 and 144 (containing .7029 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138, Fulton County records; and Tracts 24, 25, 27, 30 and 32 (containing 8.645 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 161, pages 87 through 89, Fulton County records; and WHEREAS, the State of Georgia is the owner of certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 85 and 86 (con taining 1.9767 acres), as shown on sheets one through three of a certain plat of survey re corded at Plat Book 160, pages 10 through 12, Fulton County records; Tracts 80, 81, 82, 83 and 84 (containing 2.7941 acres) and Tracts 60, 61, 62, 63, 64, 65, 66 and 67 (containing .4545 acres) as shown on sheets one through three of a certain plat of survey recorded at Plat Book 160, pages 49 through 51, Fulton County records; Tracts 37, 39, 40 and 41 (con taining .8556 acres), as shown on sheets one through three of a certain plat of survey re corded at Plat Book 160, pages 46 through 48, Fulton County records; and Tract 15-20 (containing 2.877 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 9 through 11, Fulton County records; and Tracts 222, 225 and 226, as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 22 through 24, Fulton County records; and WHEREAS, the State of Georgia has contracted to acquire certain tracts of real prop erty lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 7-A, 7B, 7-C, 7-D, 7-E and 7-F and Tracts 9-A and 9-B and Tract 10-A (containing 1.0030 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book 165, pages 90 through 92, Fulton County records; Tracts 218 and 223 (containing .555 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book THURSDAY, MARCH 1, 1990 1901 158, pages 22 through 24, Fulton County records; Tract 240 (containing .2746 acres) and Tract 227-A (containing .6615 acres) and Tract 237 (containing .2050 acres), as shown on sheets one through four of that certain plat of survey recorded at Plat Book 164, pages 101 through 104, Fulton County records; Tract 229-B (containing .2816 acres) and Tract 232 (containing .2704 acres) and Tract 233-A (containing .2815 acres) and Tract 227-C (contain ing .6596 acres) and Tract 231 (containing .6237 acres), as shown on sheets one through seven of that certain plat of survey recorded at Plat Book 165, pages 1 through 7, Fulton County records; and Tract 242 (containing 2.0934 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book 164, pages 98 through 100, Fulton County records; and Tract 243 (containing 3.8459 acres), as shown on sheets one through five of a certain plat of survey recorded at Plat Book 164, pages 139 through 143, Fulton County records; and WHEREAS, Georgia Power Company needs to construct a new transmission line switching station within a portion of Tracts 175, 176 and 243, as well as to construct, oper ate, and maintain electric power transmission lines under, upon, over, across, or through a portion of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240 and Tracts 242 and 243, all of which will serve the Geo. L. Smith II Georgia World Congress Center; and WHEREAS, Atlanta Gas Light Company needs to construct, operate, and maintain gas transmission lines under, upon, over, across, or through a portion of Tract 130, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tract 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240 and Tracts 242 and 243, which will serve the Geo. L. Smith II Georgia World Congress Center; and WHEREAS, the Metropolitan Atlanta Rapid Transit Authority needs to construct, op erate and maintain utility lines under, upon, over, across, or through a portion of Tracts 7-A and 7-B, Tracts 9-A and 9-B, Tract 10-A, Tracts 11 through 13, Tracts 24, 25 and 27, Tracts 30, 31 and 32, Tracts 15-20, Tracts 237 and 240, and Tracts 242 and 243; and WHEREAS, Southern Bell Telephone and Telegraph Company needs to construct, op erate and maintain utility lines under, upon, over, across, or through a portion of Tract 32 and Tracts 242 and 243; and WHEREAS, all of the above-referenced tracts of land are in, or will be placed in, the custody of the Department of Industry, Trade, and Tourism. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia has contracted to acquire or is the owner of the above-described real property and that, in all matters relating to the conveyance of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, the State of Georgia is acting by and through its State Properties Commission. (b) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey all or any portion of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, for a monetary or other consideration, including the exchange of land, as shall be determined adequate by the State Properties Commission, which such conveyances shall be to a purchaser or purchasers for each such tract of land, or portion thereof, and upon such other terms and conditions as the State Properties Commis sion shall in its discretion determine to be in the best interest of the State of Georgia. (c) That the State Properties Commission shall cause to be prepared plats of survey, 1902 JOURNAL OF THE SENATE which for purposes of this resolution shall show, delineate, and describe the specific portion of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, authorized to be conveyed by this resolution. ARTICLE II Section 2. (a) That the State of Georgia has contracted to acquire or is the owner of the above-described real property and that, in all matters relating to the grant of nonexclusive easements under, upon, over, across, or through Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, the State of Georgia is acting by and through its State Properties Commission. (b) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Georgia Power Company, its successors and as signs, nonexclusive easements under, upon, over, across or through any portion of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. (c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Atlanta Gas Light Company, its successors and as signs, nonexclusive easements under, upon, over, across or through any portion of Tracts 130, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tract 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. (d) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Metropolitan Atlanta Rapid Transit Authority, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tracts 7-A and 7-B, Tracts 9-A and 9-B, Tract 10-A, Tracts 11 through 13, Tracts 24, 25 and 27, Tracts 30, 31 and 32, Tracts 15-20, Tracts 237 and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. (e) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Southern Bell Telephone and Telegraph Company, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tract 32 and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best inter ests of the State of Georgia. (f) That the State Properties Commission shall cause to be prepared plats of survey, which for purposes of this resolution shall show, delineate and describe the specific ease ment areas of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, THURSDAY, MARCH 1, 1990 1903 Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, authorized to be granted by this resolution. Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of all or any portion of Tracts 3 and 4, Tract 13, Tract 175 and 176, and Tract 243, and the grant of nonexclusive ease ments under, upon, over, across, and through any portion of Tracts 170 through 174, Tracts 130,140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tracts 6, Tracts 7-A, 7-B, 7C, 7-D, 7-E and 7F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SR 64. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Engram Foster Fuller Garner Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford Olmstead Parker Peevy Perry Phillips 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 Dawkins Egan English Fincher Hammill McKenzie Newbill Pollard Tate Timmons Walker On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 64. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1246. By Representatives Birdsong of the 104th and Barnett of the 10th: A bill to amend Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or es corting funeral processions, so as to delete the provisions of said Code section; to 1904 JOURNAL OF THE SENATE amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to provide for immunity of liability for law enforce ment officers directing or escorting funeral processions. Senate Sponsor: Senator Brannon of the 51st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Coleman Collins Dawkins Dean Echols Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Olmstead Parker Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Taylor Timmons Turner Tysinger Voting in the negative were Senators Deal and Peevy. Those not voting were Senators: Allgood Clay Edge Egan English Garner McKenzie Newbill Pollard Shumake Stumbaugh Tate Walker On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 229. By Senator Edge of the 28th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for addi tional functions and powers of hospital authorities; to provide for additional pur poses for which proceeds of the sale of a hospital may be expended. The House substitute to SB 229 was as follows: A BILL To be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for addi- THURSDAY, MARCH 1, 1990 1905 tional functions and powers of hospital authorities; 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 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," is amended by striking paragraphs (23) and (24) of Code Section 31-7-75, relating to functions and powers of hospital authorities, and in serting in lieu thereof new paragraphs (23), (24), and (25) to read as follows: "(23) To contract for the management and operation of the project by a professional hospital or medical facilities consultant or management firm. Each such contract shall re quire the consultant or firm contracted with to post a suitable and sufficient bond; (24) To provide management, consulting, and operating services including, but not lim ited to, administrative, operational, personnel, and maintenance services to another hospital authority, hospital, health care facility, as said term is defined in Chapter 6 of this title, person, firm, corporation, or any other entity or any group or groups of the foregoing; to enter into contracts alone or in conjunction with others to provide such services without regard to the location of the parties to such transactions; to receive management, consulting, and operating services including, but not limited to, administrative, operational, personnel, and maintenance services from another such hospital authority, hospital, health care facil ity, person, firm, corporation, or any other entity or any group or groups of the foregoing; and to enter into contracts alone or in conjunction with others to receive such services with out regard to the location of the parties to such transactions; and (25) To provide financial assistance to individuals for the purpose of obtaining educa tional training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be em ployed by such authority upon completion of such educational training; and to provide ser vices and financial assistance to private not for profit organizations in the form of grants and loans (with or without interest and secured or unsecured at the discretion of such au thority), for any purpose related to the provision of health or medical services or related social services to the citizens of the city, county, or the participating units creating such authority." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Edge of the 28th moved that the Senate agree to the House substitute to SB 229. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Olmstead Parker Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Turner Tysinger 1906 JOURNAL OF THE SENATE Those not voting were Senators: Allgood Dawkins Kidd Langford McKenzie Newbill Peevy Phillips Pollard Tate Walker On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 229. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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. The House amendment to SB 641 was as follows: Amend SB 641 by adding in the title on line 16 of page 1 between the first semicolon and the word "to" the following: "to require that under certain circumstances the execution of a search warrant by a certified peace officer employed by a university, college, or school shall be made jointly by said peace officer and a certified peace officer of a law enforcement unit of the political subdivision wherein the search will be executed;". By adding between lines 13 and 14 on page 3 the following: "Section 3. Said article is further amended by adding at the end of Code Section 17-521, relating to grounds for the issuance of a search warrant, a new subsection (d) to read as follows: '(d) Notwithstanding any provisions of Code Section 17-5-20 or other provisions of this Code section to the contrary, with respect to the execution of a search warrant by a certified peace officer employed by a university, college, or school, which search warrant will be exe cuted beyond the arrest jurisdiction of a campus policeman pursuant to Code Section 20-372, the execution of such search warrant shall be made jointly by the certified peace officer employed by a university, college, or school and a certified peace officer of a law enforce ment unit of the political subdivision wherein the search will be conducted.'" By renumbering Section 3 on line 14 of page 3 as Section 4. Senator Garner of the 30th moved that the Senate agree to the House amendment to SB 641. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Bowen Broun Burton Clay Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller THURSDAY, MARCH 1, 1990 1907 Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger Those not voting were Senators: Allgood Barker Brannon Coleman Dawkins Newbill Parker Peevy Phillips Pollard Tate T lor Timmons Walker On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 641. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1757. By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information. Senate Sponsor: Senator Starr of the 44th. The Senate Committee on Appropriations offered the following substitute to HB 1757: A BILL To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, or exe cution of license agreements for electronic data and equipment, supplies, products, and ser vices incidental thereto; to provide for the members of the authority and their qualifica tions, selection, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for cooperation with and by other governmental entities; to provide for tax exempt status of the authority; to provide for other related matters; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by adding at its end a new Chapter 24 to read as follows: "CHAPTER 24 50-24-1. (a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. 1908 JOURNAL OF THE SENATE (b) As used in this chapter, the term: (1) 'Authority' means the GeorgiaNet Authority. (2) 'File' means a group of data consisting of a collection of related records which con cern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system. (3) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction. (c) The purpose of the authority shall be the centralized marketing, provision, sale, and leasing, or executing license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors: (1) The public interest in providing ready access to public state information for individ uals, businesses, and other entities; (2) The public interest in providing ready access to state information for other govern mental entities, so as to better enable such other governmental entities to carry out their public purposes; (3) Fair and adequate compensation to the state for costs incurred in generating, main taining, and providing access to state information; (4) Cost savings to the state through efficiency in the provision of public information; (5) The avoidance of unfair competition with private enterprises engaged in the com mercial provision of electronic data equipment, supplies, products, and services; and (6) Such other factors as are in the public interest of the state and will promote the public health and welfare. 50-24-2. (a) The authority shall consist of three members as follows: one member ap pointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and one member appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. (b) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically pro vided in this subsection, members of the authority shall receive no compensation for their services. (c) Two members of the authority shall constitute a quorum; and the affirmative votes of two members of the authority shall be required for any action to be taken by the authority. (d) The commissioner of administrative services shall be the executive officer and direc tor and administrative head of the authority. The commissioner of administrative services may appoint a person as assistant commissioner and delegate such of his powers and duties to such assistant commissioner as he desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. (e) The authority may make rules and regulations for its own government. (f) The authority shall have perpetual existence. THURSDAY, MARCH 1, 1990 1909 50-24-3. (a) The authority shall be assigned for administrative purposes to the Depart ment of Administrative Services, as provided for in Code Section 50-4-3. (b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16. 50-24-4. The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments neces sary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local govern ment or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts; (6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity; (7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (8) To transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority; (9) To exercise any power granted by the laws of this state to public or private corpora tions which is not in conflict with the public purpose of the authority; (10) To do all things necessary or convenient to carry out the powers conferred by this chapter. 50-24-5. All state departments, agencies, boards, bureaus, commissions, and authorities are authorized to make available to the authority access to public records or data which are available in electronic format upon terms mutually agreed to by the authority and any such department, agency, board, bureau, commission, or authority; provided, however, that no department, agency, board, bureau, commission, or authority shall be required to do so. The authority shall reimburse the department, agency, board, bureau, commission, or authority for costs incurred in providing such public records or data. The judicial and legislative branches are authorized to likewise provide such access to the authority. 50-24-6. The authority shall have exclusive authority to sell or execute license agree ments on behalf of the executive branch of state government an entire file of public infor mation in any electronic medium or format; provided, however, that nothing contained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or other governmental agencies or entities or from selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information. 1910 JOURNAL OF THE SENATE 50-24-7. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and that the authority will be performing an essential govern mental function in the exercise of the powers conferred upon it by this chapter. The author ity shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision. 50-24-8. Any action against the authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. 50-24-9. All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter. 50-24-10. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. 50-24-11. Nothing in this chapter shall be deemed to effect a transfer of ownership of any data from any department, agency, board, bureau, commission, or authority to the authority. 50-24-12. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Brannon Broun Burton Clay Collins Deal Dean Echols Edge Egan English Engram Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Olmstead Parker Peevy Perry Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Those not voting were Senators: Allgood Bowen Coleman Dawkins Fincher Fuller Garner Newbill Phillips Pollard Ragan of 10th Shumake Timmons Walker THURSDAY, MARCH 1, 1990 1911 On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 333. By Senators English of the 21st, Albert of the 23rd, Olmstead of the 26th and Kidd of the 25th: 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 provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree. The House substitute to SB 333 was as follows: A BILL To be entitled an Act 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 pro vide for additional factors to be considered by the governing body of a hospital in the grant ing of staff privileges; to provide that the governing bodies of certain hospitals, in consider ing whether to grant staff privileges to licensed doctors of medicine, doctors of podiatric medicine, doctors of osteopathic medicine, or doctors of dentistry, shall not discriminate among qualified applicants; to provide for the construction of certain provisions; to provide for reports to the appropriate licensing board of disciplinary actions taken against such medical practitioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking Code Sec tion 31-7-7, relating to the refusal or revocation by a public hospital of staff privileges, and inserting in its place a new Code Section 31-7-7 to read as follows: "31-7-7. (a) Whenever any licensed doctor of medicine, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry shall make application for permission to treat patients in any hospital owned or operated by the state, any political subdivision thereof, or any municipality, the hospital shall act in a nondiscriminatory manner upon such application expeditiously and without unnecessary delay considering the applicant on the basis of the applicant's demonstrated training, experience, competence, and availability and reasonable objectives, including, but not limited to, the appropriate utilization of hospital facilities; but in no event shall final action thereon be taken later than 90 days following receipt of the application; provided, however, whenever the applicant is licensed by any governmental entity outside the continental limits of the United States, the hospital shall have 120 days to take action following receipt of the application. This subsection shall apply solely to applications by licensed doctors of medicine, doctors of podiatric medicine, doctors of osteopathic medicine, and doctors of dentistry who are not members of the staff of the hospital in which privileges are sought at the time an application is submitted and by those not privileged, at such time, to practice in such hospital under a previous grant of privileges. The provisions of this subsection shall not be construed so as to repeal the provisions of Code Section 31-7-15, to mandate hospitals to offer or provide any type of service or services not otherwise offered, or to prohibit a hospital with a clinical training program affiliated with a school of medicine from requiring an applicant to have a faculty teaching appoint ment as a condition of eligibility. (b) Whenever any hospital owned or operated by the state, any political subdivision 1912 JOURNAL OF THE SENATE thereof, or any municipality shall refuse to grant a licensed doctor of medicine, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry the privilege of treating patients in the hospital, wholly or in part, or revoke the privilege of such licensed medical practitioner for treating patients in such hospital, wholly or in part, the hospital shall furnish to the licensed medical practitioner whose privilege has been refused or re voked, within ten days of such action, a written statement of the reasons therefor. (c) The provisions of this Code section shall not be construed to mandate such hospital to grant or to prohibit such hospital from granting staff privileges to other licensed practi tioners of the healing arts who are otherwise qualified for staff privileges pursuant to the bylaws of the governing body of the hospital and, in addition, shall not be construed to modify or restrict the rights of health service provider psychologists to be treated in a nondiscriminatory manner as provided in Code Sections 31-7-161 and 31-7-164." Section 2. Said article is further amended by striking Code Section 31-7-8, relating to reports of disciplinary actions against persons authorized to practice medicine, and inserting in its place a new Code Section 31-7-8 to read as follows: "31-7-8. (a) The hospital administrator or chief executive officer of each institution sub ject to this chapter shall submit a written report to the appropriate licensing board when a person who is authorized to practice medicine, osteopathy, podiatry, or dentistry in this state under Chapter 34, Chapter 35, or Chapter 11, respectively, of Title 43 and who is a member of the medical staff at the institution, has medical staff privileges at the institution, or has applied for medical staff privileges at the institution has his medical staff privileges denied, restricted, or revoked for any reason involving the medical care given his patient. Each such administrator or officer shall also report to the appropriate licensing board resig nations from practice in that institution by persons licensed under Chapter 34, Chapter 35, or Chapter 11 of Title 43. This Code section shall not require reports of temporary suspen sions for failure to comply with medical record regulations. (b) The written report required by subsection (a) of this Code section shall be made within 20 working days following final action by the institution on the restriction, denial, or revocation of medical staff privileges. The results of any legal appeal of such action shall be reported within 20 working days following a final court decision on such appeal. (c) The report required by this Code section shall contain a statement detailing the nature of the restriction, denial, or revocation of medical staff privileges, the date such ac tion was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the institu tion, the report shall contain the circumstances involved therein. (d) There shall be no civil or criminal liability on the part of, and no cause of action for damages shall arise against, any hospital administrator, chief executive officer, or other au thorized person who in good faith complies with this Code section. (e) Except as provided in this subsection, information contained in any report made to the appropriate licensing board pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution. (f) The failure of an institution to comply with this Code section shall be grounds for the denial, refusal to renew, or revocation of the permit for the operation of the institution issued pursuant to this chapter." Section 3. 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 333. On the motion, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 1, 1990 1913 Those voting in the affirmative were Senators: Baldwin Barnes Brannon Broun Burton Cky ~ f.man p ^ 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 Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Sterr Stumbaugh Tate Timmons Turner Tysinger Voting in the negative was Senator Albert. Those not voting were Senators: Allgood Barker Bowen Dawkins Fincher Pollard Ragan of 10th Taylor Walker On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 333. The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SR 362 was as follows: A RESOLUTION Designating the Luther V. Land Bridge and designating the J. R. Reeves Bridge; and for other purposes. WHEREAS, Mr. Luther V. Land was born on July 23, 1896, in Muscogee County, Geor gia; and WHEREAS, he attended Muscogee County Public Schools, including Double Churches Elementary School, which was built on ground donated by the Land family; and WHEREAS, he served with honor and distinction during World War I in the United States Navy as a Boatswain's Mate First Class, crossing the Atlantic Ocean many times before his honorable discharge on September 2, 1920; and WHEREAS, he was a respected and devoted member of the Piney Grove Baptist Church until his death on May 26, 1976, at the age of 79 years; and WHEREAS, he was both a firelighter and a farmer during his adult life, having worked as a professional firefighter for more than 30 years, and as a farmer on family land through which Douglas Creek runs in both Muscogee County and Harris County; and 1914 JOURNAL OF THE SENATE WHEREAS, in recognition of the respect and love earned by him from his large family and many friends over the years, it is only fitting and proper that this state designate a permanent monument in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Douglas Creek on Georgia State Route 219 in Muscogee County, Georgia, is designated the Luther V. Land Bridge. WHEREAS, James Randolph Reeves has long been recognized by the citizens of the City of Clarkesville for the vital role he has played in community leadership and for his deep personal commitment to the welfare of the members of his community; and WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy to civic, religious, and charitable concerns as evidenced by his active involvement in the Clarkesville Lions Club, the Habersham County Hospital Author ity, the Clarkesville United Methodist Church, the Clarkesville Masonic Lodge #325, and the board of trustees of the Clarkesville School; and WHEREAS, he served with unparalleled skill as mayor of the City of Clarkesville and also as owner and operator of the family business, Reeves Hardware; and WHEREAS, he has served his country with honor and distinction as a member of the United States Navy for a period of six years; and WHEREAS, he has given generously and unstintingly of his time and interest in all matters relating to his community and his personal efforts are in large measure responsible for the vitality, strength, beauty, and success of the City of Clarkesville; and WHEREAS, it is abundantly fitting and proper that an appropriate memorial should be dedicated to this distinguished Georgian. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body heartily commend James Randolph Reeves for the over six decades of outstanding, dedicated, and selfless public service which he has ren dered on behalf of the citizens of his community and state. BE IT FURTHER RESOLVED that the bridge whereby Georgia Highway 115 crosses the Soque River west of downtown Clarkesville is named and designated as the J. R. Reeves Bridge. BE IT FURTHER RESOLVED that the Georgia Department of Transportation is au thorized and directed to place and maintain appropriate signs at appropriate locations designating the Luther V. Land Bridge and the J. R. Reeves Bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to the commissioner of transporta tion, to the family of Luther V. Land, and to James Randolph Reeves. Senator Coleman of the 1st moved that the Senate agree to the House substitute to SR 362. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barnes Brannon Broun Burton Clay Coleman Collins Deal Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land Langford THURSDAY, MARCH 1, 1990 1915 Newbill Olmstead Parker Perry Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Turner Tysinger Those not voting were Senators: Albert Allgood BBoawrkeenr Dawkins Dean Harris McKenzie PPeheilvliyps Pollard Ragan of 10th Shumake Starr ,,layl,or Timmons Walker On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 362. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1610. By Representatives Walker of the 85th, Smyre of the 92nd, Padgett of the 86th and others: A bill to amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, so as to provide that the minimum amount of capital with which a corporation shall commence business shall not be less than $50,000.00. Senate Sponsor: Senator Kidd of the 25th. Senator Kidd of the 25th moved that HB 1610 be postponed until Monday, March 5. On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1610 was post poned until Monday, March 5. HB 1541. By Representatives Walker of the 115th, Groover of the 99th, Edwards of the 112th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide a defi nition; to limit the Department of Medical Assistance's ability to obtain interest and its liability for interest. Senate Sponsor: Senator Howard of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Hammill Howard 1916 JOURNAL OF THE SENATE Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Timmons Turner Tysinger Those not voting were Senators: Allgood Egan Fuller Harris Huggins Parker Phillips Shumake Stumbaugh Taylor Walker On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1335. By Representatives Godbee of the 110th, Walker of the 115th, Coleman of the 118th and others: A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including cer tain covenant agreements. 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 Baldwin Barker Barnes Bowen BTMTMn Broun Engram Fincher Foster Fuller Garner Gillis Hammill Collins Deal Dean Echols Edge Egan English Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd p. Scott of 36th *>tarr Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Allgood Clay Dawkins Harris McKenzie Ragan of 10th Scott of 2nd Shumake Walker THURSDAY, MARCH 1, 1990 1917 On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Edge of the 28th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Burton CCloalyeman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner HGialmlismill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy p 5R?ar*rayn of. 3002nd, TMy Scott of 36th Starr Stumbaugh Tate Turner Those not voting were Senators: Allgood Broun McKenzie Phillips Pollard Ragan of 10th Scott of 2nd Shumake Taylor Timmons Tysinger Walker On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Taylor of the 12th introduced the doctor of the day, Dr. Van Cise Knowles, of Albany, Georgia. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 115. By Representatives Porter of the 119th, Coleman of the 118th, Parrish of the 109th and Oliver of the 121st: A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, 1918 JOURNAL OF THE SENATE so as to provide that when a spouse who is a beneficiary under an option prede ceases a retired member, the retirement benefit of the retired member shall be increased to the maximum benefit. Senate Sponsor: Senator Gillis of the 20th. 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 115 (LC 7 7054) Peace Officers' Annuity and Benefit Fund This bill would allow retired Peace Officers' Annuity and Benefit Fund members (under Option Two or Three), whose spouse predeceases the retired member, to have their retire ment allowance increased to the maximum allowance. The bill also provides that if the re tired member remarries, the member may elect to receive the same optional retirement al lowance as was applicable to the deceased former spouse (after one year of marriage or upon the birth of a child to the remarried couple). Current provisions require that members select Option 2A or 3A upon retirement to receive the maximum retirement benefit upon the spouse predeceasing the retired member. These provisions would apply to all retired mem bers; however, no retroactive payments would be made for any period prior to July 1, 1990. 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 actuarial investigation for this bill pursuant to a request by the House Retirement Committee identified that this bill is a nonfiscal retirement bill as defined in 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 Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford THURSDAY, MARCH 1, 1990 1919 Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate To i laylor Turner Tysinger Those not voting were Senators: Allgood Coleman Fuller Land McKenzie Ragan of 10th Scott of 2nd Timmons Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Bgan of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brannon Broun B^u7rton Coleman CDoalwliknisns Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Gamarinser Harris HHuogwgairnds Johnson Kennedy Kidd Land Langford Newbill Parker Peevy Perry Phillips PRollardof 32nd p> *,, cott {,, 3,,6-,t,h ^tarr Stumbaugh Tate Taylor Timmons Turner Those not voting were Senators: Albert Allgood Barnes Bowen Hammill McKenzie Olmstead Ragan of 10th Scott of 2nd Shumake Tysinger Walker On the passage of the bill, the yeas were 44, nays 0. 1920 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 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 House substitute to SB 629 was as follows: A BILL To be entitled an Act 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 stu dents and others to attend summer camps or other recreational or educational activities if school systems are reimbursed in full from sources other than public school funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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, is amended by adding at the end thereof a new Code Section 20-2-1075 to read as follows: "20-2-1075. Notwithstanding any other provisions of law to the contrary, including Code Sections 20-2-188 and 20-2-411, county and independent school systems may use school buses to provide transportation to students and others to attend summer camps or to participate in other recreational or educational activities if the cost of such transportation and of any additional insurance costs deemed reasonably necessary by the school system are reimbursed in full from public or private funds other than public school funds." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Tate of the 38th moved that the Senate agree to the House substitute to SB 629. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barnes Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Land Langford Newbill Olmstead Peevy Perry Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th THURSDAY, MARCH 1, 1990 1921 Shumake Starr Tate Timmons Turner Those not voting were Senators: Albert Allgood Barker Bowen Brannon Broun Egan Garner Kennedy (presiding) Kidd McKenzie Parker Phillips Ragan of 10th Stumbaugh Taylor Tysinger Walker On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 629. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator English of the 21st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Voting in the negative was Senator Shumake. Those not voting were Senators: Albert AUgood CoUhTs Egan Gillis Kennedy (presiding) McKenzie Phillips Pollard Ragan of 10th Tate Walker On the passage of the bill, the yeas were 42, nays 1. 1922 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Burton of the 5th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Brannon Burton Coleman Dawkins Deal Dean Echols Edge Engram Foster Garner Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Those not voting were Senators: Albert Allgood Bowen Broun Clay Collins Egan English Fincher Fuller Gillis Kennedy (presiding) Langford McKenzie Phillips Pllard Shumake Tysinger Walker On the passage of the bill, the yeas were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House amendments thereto: SB 460. By Senator Broun of the 46th: A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of THURSDAY, MARCH 1, 1990 1923 State from membership on the governing bodies of certain associations and authorities. The House amendments were as follows: Amendment No. 1: Amend SB 460 by striking the word "area" on page 2, line 16, and inserting the word "county". Amendment No. 2: Amend SB 460 by deleting on page 4, line 21, the word "six" and add "seven", and by deleting on line 23, the word "five" and add the word "six". Senator Broun of the 46th moved that the Senate agree to the House amendments to SB 460. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Bowen Brannon Broun Burton Collins Deal Dean Echols Edge Egan English Engram Foster Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Albert Allgood Barnes Clay Coleman Dawkins Fincher Fuller Garner Gillis Kennedy (presiding) McKenzie Phillips Pollard Shumake Stumbaugh Walker On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 460. 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 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 1924 JOURNAL OF THE SENATE school systems to employ attendance officers; to provide for the employment of school social workers in lieu of attendance officers. 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: Baldwin Barker Bowen Brannon Burton Coleman Collins Dawkins Deal Dean Echols English Engram Foster Fuller Garner Hammill Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Albert Allgood Barnes Broun Clay Edge Egan Fincher Gillis Harris Kennedy (presiding) Langford McKenzie Phillips Pollard Stumbaugh Walker On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Barker of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Brannon Burton THURSDAY, MARCH 1, 1990 1925 Clay Coleman Collins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Tate Taylor Turner Tysinger Those not voting were Senators: Albert Allgood Broun Dawkins Egan Kennedy (presiding) Langford McKenzie Olmstead Phillips Pollard Scott of 36th Starr Timmons Walker On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 764. By Representative Pettit of the 19th: A resolution authorizing the granting of a nonexclusive easement for construc tion, operation, and maintenance of an underground effluent pipe line over or under property owned by the State of Georgia in Bartow County, Georgia. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Brannon Burton Clay Coleman Collins Deal Dean Echols Edge English Engram Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Albert Allgood Bowen Broun Dawkins Egan 1926 JOURNAL OF THE SENATE Fincher Garner Kennedy (presiding) Langford McKenzie Perry Phillips Walker On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Barker of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis 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 Shumake Stumbaugh Tate Timmons Turner Tysinger Those not voting were Senators: Albert Allgood Egan Hammill Huggins Kennedy (presiding) McKenzie Phillips Starr Taylor Walker On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. 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- THURSDAY, MARCH 1, 1990 1927 fairs may increase the amount of any notice of allocation of the state ceiling on private activity bonds under certain circumstances. senate Sponsor: Senator (Joleman ot the 1st. The report of the committee, which was favorable to the passage of the bill, was agreed On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Langford Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Taylor Timmons Tysinger Those not voting were Senators: Albert Allgood Brannon Dawkins Garner Johnson Kennedy (presiding) McKenzie Phillips Scott of 2nd Shumake Ti uCHtA*S Turner Walker On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator English of the 21st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins 1928 JOURNAL OF THE SENATE Deal Dean Edge Engrain Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Langford Newbill Olms tead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Taylor Timmons Turner Tysinger Those not voting were Senators: Allgood Echols Egan English Garner Johnson Kennedy (presiding) McKenzie Scott of 2nd Stumbaugh Tate Walker On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 9. By Representative Lane of the 27th: A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide that persons contracting with a state agency shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor to provide a drug-free workplace. Senate Sponsor: Senator Parker of the 15th. Theireport of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Brannon ?roun TMion ,LC-,ooillelimnsan Dawkins I3eal Dean Echols Edge Egan Fincher Foster Fuller Garner Gillis Hammill Harris HTK^ol-dwJdJard Land Langford Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th SSohtaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger THURSDAY, MARCH 1, 1990 1929 Those not voting were Senators: Albert Allgood English Engram Huggins Johnson Kennedy (presiding) McKenzie Newbill Walker On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1889. By Representative Bostick of the 138th: A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Com mittee and its composition and powers. Senate Sponsors: Senators Echols of the 6th and Perry of the 7th. The Senate Committee on Agriculture offered the following amendment: Amend HB 1889 by adding on line 4 of page 2 between the word "County" and the semicolon the following: "and the vice chairman of the Senate Committee on Agriculture". Senator Broun of the 46th moved that HB 1889 be placed on the Table. On the motion, the yeas were 26, nays 18; the motion prevailed, and HB 1889 was placed on the Table. The President resumed the Chair. The following resolution of the Senate was read and adopted: SR 495. By Senators Harris of the 27th, Kennedy of the 4th, Scott of the 2nd and others: A resolution expressing regret at the passing of Carl Martin. Senator Harris of the 27th introduced Mrs. Carl Martin and daughter, Naomi. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Garner of the 30th. Senator Langford of the 35th offered the following amendment: Amend HB 1412 by adding at the end of line 6 on page 2 the following: "There shall be a 24 hour waiting period before the purchase of any handgun." On the adoption of the amendment offered by Senator Langford of the 35th, Senator Edge of the 28th called for the yeas and nays; the call was sustained, and the vote was as follows: 1930 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Egan Engram Fuller Hammill Harris Kidd Land Langford McKenzie Olmstead Parker Scott of 36th Stumbaugh Tate Walker Those voting in the negative were Senators: Albert Baldwin Barnes Bwen gTM""n uBCoulrlt,ionns Dawkins Deal Dean Echols Edge Fincher Foster Garner Gillis Howard Hu^ms Newbill Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd SS_htaurmr ake Taylor Timmons Turner Tysinger Those not voting were Senators: Allgood Barker Clay Coleman English Johnson Kennedy On the adoption of the amendment, the yeas were 15, nays 34, and the amendment offered by Senator Langford of the 35th was lost. Senator Echols of the 6th offered the following amendment: Amend HB 1412 by inserting on line 3 on page 1, immediately following the words "so as", the following: "to provide that primitive weapons may be used for hunting deer during the regular hunting season and during the archery season for deer;". By striking lines 10 through 12 on page 1 and inserting in lieu thereof the following: "hunting wildlife generally, is amended by striking paragraphs (1) and (3) of said Code section and substituting in lieu thereof new paragraphs (1) and (3) to read as follows:". By inserting between lines 12 and 13 on page 1 the following: " '(1) Longbows and compound bows may be used for taking small game. Longbows, compound bows, and primitive weapons for hunting deer are permitted only during the reg ular hunting season and during the archery season for deer, provided that longbows have a minimum recognized pull of 40 pounds at 28 inches of draw. Arrows for hunting deer must be broadhead type, with a minimum width of seven-eighths of an inch;'". Senator Perry of the 7th offered the following amendment: Amend the amendment offered by Senator Echols of the 6th to HB 1412 as follows: On line 16 after "Longbows" and before "and" put "cross bows". On the adoption of the amendment, the yeas were 32, nays 2, and the amendment of- THURSDAY, MARCH 1, 1990 1931 fered by Senator Perry of the 7th to the amendment offered by Senator Echols of the 6th to HB 1412 was adopted. On the adoption of the amendment offered by Senator Echols of the 6th, the yeas were 30, nays 2, and the amendment was adopted as amended. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon roun Bf0" Coleman Collins Dawkins j}eal Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggms Johnson Kidd Land Langford McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Shumake Starr Tate Taylor Timmons Turner Tysinger Walker Voting in the negative was Senator Fuller. Those not voting were Senators: Allgood Kennedy Newbill Scott of 2nd Scott of 36th Stumbaugh On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 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. 1932 JOURNAL OF THE SENATE The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 748. By Senator Brannon of the 51st: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Gordon County; to create a chairman and board of com missioners for Gordon County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission districts. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1553. By Representatives Jenkins of the 80th and Birdsong of the 104th: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws. Senate Sponsor: Senator Kidd of the 25th. Senator Kidd of the 25th moved that HB 1553 be postponed until March 5. On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 1553 was post poned until March 5. HB 1392. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th: A bill to amend Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, so as to pro vide that the judge of the probate court may change the reporting period; to provide that the judge of the probate court may accept and approve a return not covering the appropriate reporting period. Senate Sponsor: Senator Clay of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Coiling Deal Dean Echols Edge English Engram Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake THURSDAY, MARCH 1, 1990 1933 Starr Stumbaugh Taylor Turner Tysinger Walker Those not voting were Senators: Dawkins Egan Fincher Garner Land Phillips Tate Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. HB 1554. By Representatives Clark of the 20th and Jackson of the 9th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941. Senate Sponsors: Senators Parker of the 15th and Burton of the 5th. Senator Barnes of the 33rd offered the following amendment: Amend HB 1554 by adding on line 26, page 1, after "truck" the following: "or recreational vehicle"; and by striking on page 2, lines 12 and 13 "500" and inserting therein "250". 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 Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Foster Fuller Gillis Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor 1934 JOURNAL OF THE SENATE Turner Tysinger Walker Those not voting were Senators: Fincher Garner Johnson Kennedy (presiding) Timmons On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 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. Senate Sponsor: Senator Deal of the 49th. Senator Deal of the 49th offered the following amendment- Amend HB 1177 by striking line 4 of page 1 and inserting in lieu thereof the following: "authorize a county board of education or independent board of education to". By striking line 19 of page 1 and inserting in lieu thereof the following: "part of the expenses of the board. A county board of education or". By striking line 26 of page 1 and inserting in lieu thereof the following: "discretion of the county board of education or independent board of. 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, 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 Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster 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 THURSDAY, MARCH 1, 1990 1935 Turner Tysinger Walker Those not voting were Senators: Coleman Fuller Garner Kennedy (presiding) Taylor 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 1390. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th: A bill to amend Code Section 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, so as to provide that probate judges shall be authorized to approve structured settlements entered into by a guardian on behalf of his ward. Senate Sponsor: Senator Clay of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kidd Land Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Turner Those not voting were Senators: Broun Coleman English Johnson Kennedy (presiding) Langford McKenzie Phillips Ray Tate Taylor Tysinger Walker On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. 1936 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Turner of the 8th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge Egan Engram Foster Gillis Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Collins English Fincher Fuller Garner Hammill Kennedy (presiding) Langford Parker Ray Taylor On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Starr of the 44th. THURSDAY, MARCH 1, 1990 1937 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 Jack Connell State Representative FROM: G. W. Hogan, State Auditor C. T. Stevens, Director, Office of Planning and Budget DATE: January 29, 1990 SUBJECT: Fiscal Note--House Bill 141 (Substitute) (LC 20 0387S) Secretaries of Judges and District Attorneys of the Superior Courts--In crease Compensation This bill would establish an expanded salary schedule for secretaries of judges and dis trict attorneys of the superior courts. Four additional steps would be established on the salary schedule (LI through L4) to provide increased compensation to secretaries with longterm employment status. Advancements to these four additional steps would be granted not more often than every two years. If enacted, this bill would become effective upon adequate appropriations being made by the Georgia General Assembly to fund this act. It is estimated that to fund this bill would require additional fiscal year 1991 state expenditures of approximately $175^000. This estimate is based on the fiscal year 1990 staff ing levels, fiscal year 1990 salaries and assumes that secretaries on Step 7 that have not been given a salary increase for 24 months or more are given a one step increase to LI (as pro vided for in this bill). M 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 Brannon urton ^ LD-aow.llmkisns rjeai Dean Echols Edge Egan English Engram Foster Fuller Gillis Hammill Harris HT"T"oWwaTM rd Johnson Kidd Land McKenzie Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd SSn,hcoutmt aok,fe36th Starr Stumbaugh Tate Timmons Turner Tysinger 1938 JOURNAL OF THE SENATE Those not voting were Senators: Barnes Bwen Broun Coleman Fincher Garner Kennedy (presiding) Langford Newbill Parker Ragan of 32nd Taylor Walker On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. Senate Sponsor: Senator Kidd of the 25th. Senators Olmstead of the 26th and Kidd of the 25th offered the following substitute to HB 1720: A BILL To be entitled an Act to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to provide that a local political subdivision shall not request a service from the Department of Administrative Services unless such political subdivision is unable to procure such service at the local level from the private sector at competitive prices; to provide for the award of certain contracts by competitive sealed bidding and the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state wide circulation when the anticipated purchase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of certain provisions shall be liable for the cost thereof; to require district health directors and county boards of health to award cer tain contracts in accordance with the procedures of said part; to provide that the utilization of services of the Department of Administrative Services shall not be required in the bid ding and award of contracts by district health directors and county boards of health; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, is amended by striking in its entirety Code Sec tion 50-5-15, relating to the provision of administrative services to local political subdivi sions, and inserting in lieu thereof a new Code Section 50-5-15 to read as follows: "50-5-15. Any other provision of this chapter notwithstanding, the Department of Ad ministrative Services is authorized to provide any administrative service which it normally provides to the various departments, agencies, and institutions of the state under the au thority of this chapter to any local political subdivision within the state. The provision of one or more such administrative services to any or all political subdivisions shall be at the sole discretion of the commissioner of administrative services and such services shall only be rendered after a request for such services from the governing body of the local political subdivision; provided, however, that no governing body of a local political subdivision shall request a service unless the political subdivision is unable to procure such service at the local level from the private sector at competitive prices." Section 2. Said chapter is further amended by striking subsection (a) of Code Section THURSDAY, MARCH 1, 1990 1939 50-5-67, relating to the advertisement for bids, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Except as otherwise provided in this Code section, contracts exceeding $10,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given com modity will involve an expenditure in excess of $50,000.00, sealed bids shall be solicited by advertisement in a newspaper of state-wide circulation at least once and at least ten days prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be pur chased. In any event, it shall be the duty of the Department of Administrative Services to solicit bids directly by mail from reputable owners of supplies in all cases where the total requirement will exceed $10,000.00. When it appears that the use of competitive sealed bid ding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions: (1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals shall be given in the same man ner as provided for competitive sealed bidding; (4) Proposals shall be opened in the same manner as competitive sealed bids. A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other eval uation factors; (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable offerers who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerers shall be accorded fair and equal treatment with re spect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerers; and (7) The award shall be made to the responsible offerer whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made." Section 3. Said chapter is further amended by striking Code Section 50-5-79, relating to certain void purchase contracts and the liability of public officers with respect to such con tracts, in its entirety and inserting in lieu thereof a new Code Section 50-5-79 to read as follows: "50-5-79. Whenever any department, institution, or agency of the state government re quired by this part and the rules and regulations adopted pursuant thereto applying to the purchase of supplies, materials, or equipment through the Department of Administrative Services shall contract for the purchase of such supplies, materials, or equipment contrary to this part or the rules and regulations made hereunder, such contract shall be void and of no effect. If any official of such department, institution, or agency willfully purchases, or causes to be purchased, any supplies, materials, or equipment contrary to this part or the rules and regulations made hereunder, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid 1940 JOURNAL OF THE SENATE for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor." Section 4. Said chapter is further amended by adding following Code Section 50-5-81 a new Code Section 50-5-82 to read as follows: "50-5-82. A district health director or county board of health may not enter into any contract for the lease, rental, or purchase of supplies, materials, equipment, or services un less the contract is let or awarded in accordance with the provisions of this article; provided, however, that in bidding and awarding any such contract the county board of health shall not be required to utilize the services of the Department of Administrative Services but may conduct such bidding and award on its own behalf." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 4, 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 HB 1720 would be suspended and placed on the Senate General Calendar. The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 748. By Senator Brannon of the 51st: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Gordon County; to create a chairman and board of com missioners for Gordon County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission districts. The House amendment was as follows: Amend SB 748 by striking line 19 of page 5 and inserting in lieu thereof the following: "chairman shall receive $100.00 for attending each regular meeting of. Senator Brannon of the 51st moved that the Senate agree to the House amendment to SB 748. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 748. The following general resolution and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HR 580. By Representative Sinkfield of the 37th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia. Senate Sponsor: Senator Tate of the 38th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. THURSDAY, MARCH 1, 1990 1941 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Brannon Broun Clay Coleman Collins Dawkins Deal Dean Edge Egan English Engrain Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Barker Burton Echols Kennedy (presiding) Land Parker Stumbaugh Walker On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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. Senate Sponsor: Senator Edge of the 28th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Bowen Brannon Broun Clay Collins Dawkins Deal Echols Edge Egan English Engram Fincher Foster Garner Gillis Hammill Harris Howard Johnson Kidd Langford McKenzie Olmstead Peevy Perry Phillips 1942 JOURNAL OF THE SENATE Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysmger Walker Those not voting were Senators: Allgood Barker Burton Coleman Dean Fuller Huggins Kennedy (presiding) Land Newbill Parker Shumake On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 109. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar. 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: February 15, 1990 SUBJECT: House Bill 109 Committee Substitute (LC 21 0576S) Teachers Retirement System This bill would allow members of the Teachers Retirement System (TRS) who have been or will be granted a leave of absence from a unit of the University System of Georgia to accept appointment as a visiting scholar (at educational institutions located inside or outside the United States) to obtain up to two years creditable service for such lecturing or teaching. A member would not be eligible for this creditable service if the member received or will become entitled to receive any annuity, pension, or retirement benefit (other than social security) from any source other than the TRS. No person shall be entitled to obtain more than ten years of creditable service pursuant to this code section and code section 473-89. In order to receive the creditable service, the member would be required to pay em ployer and employee contributions for the period of time claimed as creditable service plus regular interest compounded annually from the time the service as a visiting scholar was rendered until the date of payment. 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 substitute bill (no person shall be entitled to obtain more than ten years of creditable service pursuant to this code section and code section 47-3-89) THURSDAY, MARCH 1, 1990 1943 is nonfiscal as defined in the Public Retirement Systems Standards Law. The actuarial in vestigation for House Bill 109 (LC 7 7452S) would also apply to this version of House Bill 109 (Substitute) (LC 21 0576S). kl 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 Barnes Bowen Brannon Broun Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Allgood Barker Burton Kennedy (presiding) Land Parker Scott of 2nd Shumake On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Timmons of the llth moved that the following bill of the House be taken from the Table: HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd and others: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretiremen! benefit adjustment. On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 738 was taken from the Table. 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- 1944 JOURNAL OF THE SENATE quirement of a license to engage in the business of selling or issuing checks; to provide for definitions. 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 Brannon Bfoun Clay CDrC, ooa,wll,le.mkmisnans Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Gillis Hammill HHTHTuoagrwrgiaisrnds, Johnson Kidd Land McKenzie Newbill Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd ^ Sf,,0ccoo.tt.tt oot,ff 2,,,,3,,n6,dt,,h htarr Stumbaugh Timmons Turner Tysinger Walker Those not voting were Senators: Barker Barnes Bowen Burton Garner Kennedy (presiding) Langford Olmstead Parker Shumake Tate Taylor On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Broun of the 46th moved that the following bill of the House be taken from the Table: HB 1889. By Representative Bostick of the 138th: A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Com mittee and its composition and powers. On the motion, the yeas were 35, nays 4; the motion prevailed, and HB 1889 was taken from the Table. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:45 o'clock P.M. until 2:00 o'clock P.M. At 2:00 o'clock P.M., the President called the Senate to order. THURSDAY, MARCH 1, 1990 1945 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1571. By Representatives Barfoot of the 120th, Lane of the lllth, Reaves of the 147th and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Vidalia Sweet Onion as the official vegetable of this state. Senate Sponsor: Senator Gillis of the 20th. Senator Shumake of the 39th offered the following amendment: Amend HB 1571 by adding thereto a new sentence to follow the word "vegetable" on line 13 to read as follows: "Georgia collard greens is designated as the official Georgia 'soul' vegetable." On the adoption of the amendment, the yeas were 13, nays 26, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Bowen Brannon "rton ^CCoo,llyleimnsan Dawkins Deal Dean Edge Egan Engram Fincher Foster Fuller Garner Gillis Harris HTHIoUw^a"rdS Kennedy Kidd Land Newbill Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th SS_htaurmr ake Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Allgood 5BMroukner Echols English Hammill Johnson Langford McKenzie Olmstead Perry Phillips Walker On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. 1946 JOURNAL OF THE SENATE The following resolution of the Senate was read and put upon its adoption: SR 496. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Thursday, March 1, and to reconvene at 10:00 o'clock A.M. on Monday, March 5. On the adoption of the resolution, the yeas were 43, nays 1. The resolution, having received the requisite constitutional majority, was adopted. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1492. By Representative Parham of the 105th: A bill to amend Code Section 11-9-504 of the Official Code of Georgia Annotated, relating to a secured party's requirements relative to default, so as to provide that the sale of a motor vehicle by public or private motor vehicle auction, to a motor vehicle wholesaler, or to an individual shall constitute a commercially rea sonable sale of collateral. Senate Sponsor: Senator Kidd of the 25th. Senator Kidd of the 25th moved that HB 1492 be postponed until March 5. On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1492 was post poned until March 5. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 749. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for cost-of-living increases. The House amendment was as follows: Amend SB 749 by striking from line 7 of page 2 the figure "45,000.00 and inserting in lieu thereof the figure 47,250.00". Senator Scott of the 2nd moved that the Senate disagree to the House amendment to SB 749. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 749. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. THURSDAY, MARCH 1, 1990 1947 The House substitute to SB 724 was as follows: A BILL To be entitled an Act to amend an Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), so as to provide that a per diem allowance may be paid to certain members of the board of trustees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), is amended by adding at the end of Section 4 a new subsec tion (h) to read as follows: "(h) Members of the library board of trustees may receive a per diem allowance for each meeting of the board of trustees which they may attend. Such allowance shall be in such amount as may be fixed from time to time by the Board of Commissioners of Fulton County." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Tate of the 38th moved that the Senate agree to the House substitute to SB 724. 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 rannon Bpiruorutonn Coleman Dawkins Deal Dean Edge English Engram Fincher Foster Fuller Gillis H,,Haorwriasrd, Huggins Kennedy Kidd McKenzie Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd SS_ ctaortrt of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Allgood Bowen ECcohllomlss Egan Garner Hammill Johnson TLand, Langford Newbill Olmstead Perry TPMh.l-lIlIl- P s Shumake Walker On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 724. 1948 JOURNAL OF THE SENATE The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 623. By Representative Couch of the 36th: A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide for certain refunds or payments to a county school system. Senate Sponsor: Senator Egan of the 40th. 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 623 (LC 7 7435S) Teachers Retirement System This bill would amend current state law relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia (TRS). The county school system would be reimbursed for the combined total of all payments made to the TRS on behalf of the transferred employee plus regular interest if the employee did not qualify to receive benefits. This bill would also authorize full time public school lunchroom, mainte nance, transportation, or warehouse managers or supervisors who become members of the TRS to obtain creditable service on the same basis as certain other members of the retire ment system. If enacted, this bill would become effective on July 1, 1990, provided it is determined that it has been concurrently funded as provided in the Public Retirement Sys tems Standards Law. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (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. $ Negligible THURSDAY, MARCH 1, 1990 1949 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. On 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 CColalyeman Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Harris HHuogwgairnds Kennedy Kidd Land McKenzie Newbill Parker Peevy Perry Phillips Pollard Ragan of ioth Ragan of 32nd ^ 0 .. < 0 j ?Scott off 3S6t,h ^tarr , Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Allgood Barker Collins English Johnson Langford Olmstead Shumake Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. 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: 1950 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Kidd Land Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Broun Dawkins Johnson Langford McKenzie Olmstead Scott of 36th Walker On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1516. By Representative Mangum of the 57th: 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 repeal Code Section 202-63, relating to failure to arrange for operation of schools. Senate Sponsor: Senator Foster of the 50th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen B,,BClruaarynt. onnon Collins Dawkins Deal Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis THHHToaamrwriamsrdill Huggins Kennedy Kidd Land McKenzie Newbill Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd ^ sSa0cc^oott.tt.tt oonrff,. 23o,,,,n6,^dt,h tarr btumbaugh Tate Taylor Timmons Turner Tysinger THURSDAY, MARCH 1, 1990 1951 Those not voting were Senators: Broun Coleman Fincher Johnson Langford Olmstead Phillips Shumake Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th: A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws. Senate Sponsor: Senator Deal of the 49th. Senators Deal of the 49th and Starr of the 44th offered the following substitute to HB 1446: A BILL To be entitled an Act to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws and the House and Senate Journals; to provide for distribution upon written order of those on the official distribution lists; to pro vide for sales at cost; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, is amended by striking Code Section 28-4-3, relating to the Office of Legislative Counsel, and inserting in its place a new Code section to read as follows: "28-4-3. (a) There is created the Office of Legislative Counsel. The legislative counsel shall be an attorney skilled and experienced in legislative matters and bill drafting. (b) It shall be the duty of the legislative counsel to: (1) Provide bill-drafting services which shall be equally available to every member of the General Assembly; and (2) Advise and counsel members of the General Assembly on legislative matters. (c) The legislative counsel is authorized to: (1) Provide for statutory and Code revision, render opinions, assist standing and in terim committees, and perform similar legislative functions; (2) Perform research, issue reports, and make recommendations as a result thereof; 1952 JOURNAL OF THE SENATE (3) Exchange information, data, and material with similar agencies in other states; (4) Provide legal services for the legislative branch of government and, with the ap proval of the committee or the chairman, to represent the interests of the legislative branch in matters involving litigation; and (5) With the approval of the committee, provide for advisory committees relative to statutory and Code revision. He is authorized to seek the advice and assistance of the State Bar of Georgia, law schools, and individuals and organizations knowledgeable in this field. (d) Any other provisions of law to the contrary notwithstanding, he is authorized to engage the services of others, including private counsel, by contract or otherwise, to assist him in the performance of his duties and is authorized to provide for the payment of fees, compensation, and expenses therefor from legislative funds. (e) The legislative counsel shall provide for the compiling, indexing, editing, and publi cation of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise provided in this subsection, such Acts and resolutions shall be published in hard-bound volumes suitable for retention as permanent records as well as in soft-bound volumes or pamphlets suitable for prompt distribution of newly enacted laws to public officers, attorneys, and the public; and following each session of the General Assembly, a copy of such soft-bound Georgia Laws shall be furnished to the clerk of superior court of each county within 30 days after the last date on which the Gover nor may approve or veto bills enacted at that session of the General Assembly. In the case of any special session of the General Assembly, however, the separate publication and distribu tion of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distrib uted together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution. (f) The legislative counsel shall have such other authority and duties as the committee may provide." Section 2. Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, is amended by striking in its entirety Code Section 45-13-22, relating to compilation and distribution of session laws and journals, and inserting in its place a new Code section to read as follows: "45-13-22. (a) It shall be the duty of the Secretary of State to distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the leg islative counsel of the numbers of soft-bound and hard-bound Georgia Laws needed for distribution. Hard-bound and soft-bound volumes shall be distributed as provided in this Code section. The Secretary of State shall make distribution of the bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distri bution shall be as provided in this Code section. (b) Volumes distributed to members of the General Assembly, to libraries, to institu tions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or to public employees within the state, other than members of the General Assembly, shall be the prop erty of the appropriate public officer or employee during his term of office or employment and shall be turned over to his successor, and the Secretary of State shall take and retain a receipt from each such public officer or employee acknowledging this fact. The Secretary of State shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The Secretary of State shall make the distributions pro vided for in this Code section. Additional copies of the hard-bound volumes and soft-bound THURSDAY, MARCH 1, 1990 1953 volumes of the Georgia Laws and of the House and Senate Journals may be sold by the Secretary of State to persons desiring to purchase the same at their cost to the state. (c) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Laws from each legislative session: (1) Law Department (including the State Law Library) -- 33 sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department -- one set; (3) Each foreign government authority and each state participating in an exchange and depository program -- one set; (4) Library of Congress -- two sets; (5) Georgia Institute of Technology -- one set; (6) University of Georgia -- 52 sets; (7) Supreme Court of Georgia -- 12 sets, which number may be increased by written order of the Chief Justice; (8) Court of Appeals of Georgia -- 13 sets, which number may be increased by written order of the Chief Judge; (9) Administrative Office of the Courts -- one set; (10) Each superior court judge -- one set; (11) Each clerk of superior court -- one set; (12) District Attorney of the Atlanta Judicial Circuit -- two sets; (13) Each other district attorney -- one set; (14) Each judge of probate court -- three sets, of which one set may be retained for the judge's own use, one set may be issued to the county attorney, and one set shall be placed in the county law library or retained in the judge's office for use by the general public; (15) Each state court -- one set; (16) Each magistrate court -- one set; (17) United States Supreme Court -- one set; (18) United States Court of Appeals for the Eleventh Circuit -- one set; (19) United States District Courts for the State of Georgia -- six sets; (20) Clerk of the House of Representatives -- five sets; (21) Each member of the General Assembly -- one set; (22) House Judiciary Committee -- one set; (23) House Majority Leader -- one set; (24) House Minority Leader -- one set; (25) Legislative budget analyst -- one set; (26) Legislative counsel -- 15 sets, which number may be increased by written order of the legislative counsel; (27) Legislative fiscal officer -- one set; (28) President of the Senate -- one set; (29) President pro tempore of the Senate -- one set; (30) Secretary of the Senate -- three sets; (31) Speaker of the House -- one set; and 1954 JOURNAL OF THE SENATE (32) Senate Judiciary Committee -- one set. (d) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Senate and House Journals from each legislative session: (1) Law Department (including the State Law Library) -- four sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department -- one set; (3) State Archives -- one set; (4) Georgia Historical Society -- two sets; (5) Each foreign government and each state participating in an exchange and depository program -- one set; (6) Library of Congress -- two sets; (7) Augusta College -- one set; (8) Georgia Institute of Technology -- one set; (9) Georgia State University -- one set; (10) University of Georgia -- seven sets; (11) Department of Administrative Services -- one set; (12) Department of Human Resources -- one set; (13) Supreme Court of Georgia -- as requested in writing by the Chief Justice; (14) Court of Appeals of Georgia -- as requested in writing by the Chief Judge; (15) Each judge of probate court -- one set; (16) Legislative counsel -- five sets; (17) Legislative fiscal officer -- nine sets; (18) Each member of the House of Representatives -- one set; (19) Speaker of the House -- one set; (20) Clerk of the House of Representatives -- three sets; (21) House Judiciary Committee -- one set; (22) House Majority Leader -- one set; (23) House Minority Leader -- one set; (24) Each member of the Senate -- one set; (25) President of the Senate -- one set; (26) President pro tempore of the Senate -- one set; (27) Secretary of the Senate -- three sets; and (28) Senate Judiciary Committee -- one set. (e) In the case of newly created courts or judgeships, and in the case of other state departments, agencies, and entities needing session laws or journals or both, requests for session laws and journals may be filled in whole or in part as the Secretary of State deems appropriate; and the Secretary of State may add names to or delete names from the distri bution lists for the session laws and journals as he deems appropriate, except that the Secre tary of State may not delete those authorized to order sets under subsections (c) and (d) of this Code section. (f) Each officer, office, or other entity authorized to order Georgia Laws or Georgia Sen ate and House Journals pursuant to subsections (c) and (d) of this Code section shall do so THURSDAY, MARCH 1, 1990 1955 by placing such order in writing to the Secretary of State prior to the end of each session of the General Assembly. A written order from an officer, office, or other entity shall remain in effect until changed by a subsequent written order. The Secretary of State shall not provide Georgia Laws or House and Senate Journals to any such officer, office, or other entity with out a written order. The Secretary of State has no obligation to provide Georgia Laws or House or Senate Journals to any such officer, office, or other entity unless a written order has been placed in accordance with the time frame specified in this subsection. (g) The Secretary of State shall reserve 30 copies each of the session laws and of the journals of the House and Senate for three years after their receipt. After three years he shall hold in reserve 15 copies of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribution or exchange may be sold or otherwise disposed of by the Secretary of State. (h) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State shall distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government. The session laws and journals of the House and Senate received in exchange from other states and for eign governments shall become a part of the collection of the State Law Library." Section 3. Said article is further amended by repealing Code Section 45-13-23, relating to provision of legislative Acts to the Office of Legislative Counsel, and inserting in its place the following: "45-13-23. Reserved." Section 4. Said article is further amended by striking Code Section 45-13-24, relating to distribution of legislative Acts, and inserting in its place a new Code section to read as follows: "45-13-24. Within one calendar week after any local Act or general Act of local applica tion which requires a local referendum or a special election is approved by the Governor or becomes law without his approval, it shall be the duty of the Secretary of State to mail a copy of the Act, with a certificate showing the date it became law, to the election superin tendent and the governing authority of each county or municipality in which it has application." Section 5. This Act shall become effective on October 1, 1990, and shall apply with respect to Georgia Laws and journals for sessions of the General Assembly taking place after such date. Section 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 1446 would be suspended and placed on the Senate General Calendar. 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. Senate Sponsor: Senator Tate of the 38th. 1956 JOURNAL OF THE SENATE The Senate Committee on Education offered the following substitute to HB 1297: A BILL To be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to require 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 school system superin tendents and the police authority or district attorney; to provide for immunity from liabil ity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, is amended by adding at the end a new Code section to read as follows: "20-2-1184. (a) Any teacher or other person employed at any public or private elemen tary or secondary school who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohib ited by any of the following: (1) Code Section 16-5-24, relating to aggravated battery; (2) Chapter 6 of Title 16, relating to sexual offenses; (3) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings; or (4) Code Section 16-13-30, relating to possession and other activities regarding mari juana and controlled substances, shall report that act and the name of the student to the principal of that school or the principal's designee. (b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof as soon as possible by telephone or otherwise to the appropriate school system superintendent and the appropriate police authority or district attorney and shall also make a written report of that incident and the identity of the student to that police authority or district attorney with a copy to the school system superintendent within ten days after making the oral report. (c) Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial pro ceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such par ticipation pursuant to this Code section is made in good faith." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Phillips of the 9th offered the following amendment: Amend the substitute to HB 1297 offered by the Senate Committee on Education by adding on page 2, line 4, after the word "shall" the words "make a written" and before the word "that", the word "of. On the adoption of the amendment, the yeas were 44, nays 0, and the amendment of fered by Senator Phillips of the 9th to the substitute to HB 1297 offered by the Senate Committee on Education was adopted. Senators Tate of the 38th, Deal of the 49th and Foster of the 50th offered the following amendment: THURSDAY, MARCH 1, 1990 1957 Amend the substitute to HB 1297 offered by the Senate Committee on Education by striking from lines 11 through 17 of page 2 the following: "and the appropriate police authority or district attorney and shall also make a written report of that incident and the identity of the student to that police authority or district attorney with a copy to the school system superintendent within ten days after making the oral report." and inserting in lieu thereof the following: ". If the superintendent has reasonable cause to believe that the report is valid, he shall immediately make a written and oral report to the appropriate police authority and district attorney." On the adoption of the amendment, the yeas were 42, nays 0, and the amendment of fered by Senators Tate of the 38th, Deal of the 49th and Foster of the 50th to the substitute to HB 1297 offered by the Senate Committee on Education was adopted. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis 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 Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Dawkins English Langford Olmstead Shumake Walker On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 1958 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 substitute, by the requisite constitutional majority the fol lowing bills of the Senate: 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. SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th 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 define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th: A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility. The 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 1254. By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title. The Speaker has appointed on the part of the House, Representatives White of the 132nd, Irwin of the 13th and Barnett of the 59th. The House insists on its position in disagreeing to the Senate substitute, and has ap- THURSDAY, MARCH 1, 1990 1959 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 1314. 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 make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991. The Speaker has appointed on the part of the House, Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th. The House insists on its position in substituting the following bill of the Senate: SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th: 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: 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. SB 230. By Senators Coleman of the 1st, Dean of the 31st and Allgood of the 22nd: A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991. Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 1314, and that a Conference Committee be appointed. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1314. 1960 JOURNAL OF THE SENATE The President appointed as a Conference Committee on the part of the Senate the following: Senators Starr of the 44th, Allgood of the 22nd and Kennedy of the 4th. The following general bill of the House, having been read the third time previously today and placed on the Table, and taken from the Table, was put upon its passage: HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd and others: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment. 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: February 15, 1990 SUBJECT: House Bill 738 (Committee Substitute) (LC 7 7710S) Employees' Retirement System, Legislative Retirement System, Teachers' Retirement System, Trial Judges and Solicitors Retirement System, Public School Employees Retirement System, Georgia Firemen's Pension Fund, Sheriffs' Retirement Fund of Georgia, Peace Officers' Retirement Fund, Su perior Court Clerks' Retirement Fund of Georgia, Superior Court Judges Re tirement System, and District Attorneys Retirement System This bill would authorize the board of trustees of certain retirement systems to increase the benefits of persons receiving benefits on July 1, 1990 under the retirement systems to offset or partially offset the Georgia income tax paid on such benefits. This authorization would be contingent on maintaining the actuarial soundness of the retirement systems, and would not apply to any portion of a benefit which exceeds $35,000 on the date the benefit increase is granted. The Act would become effective on July 1, 1990 if it is concurrently funded as provided by the "Public Retirement Systems Standards Law". This is to certify that the change made in this substitute bill (increase shall not apply to any portion of a benefit which exceeds $35,000) is nonfiscal as defined in the Public Retirement Systems Standards Law. Isl G. W. Hogan State Auditor Senators Broun of the 46th, Starr of the 44th, Fuller of the 52nd and others offered the following amendment: Amend HB 738 by striking the colon where it appears at the end of line 13 on page 2, by striking all matter appearing in lines 14 through 20 on page 2, and THURSDAY, MARCH 1, 1990 1961 by inserting at the end of line 13 on page 2 the following: "shall be consistent with maintaining the actuarial soundness of the retirement system in conformity with minimum funding requirements of Code Section 47-20-10.". The following Certification, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Jimmy Hodge Timmons, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: March 1, 1990 SUBJECT: House Bill 738 (Committee Substitute as Amended) (LC 7 7710S) (AM 7 0036) Employees' Retirement System, Legislative Retirement System, Teachers' Retirement System, Trial Judges and Solicitors Retirement System, Public School Employees Retirement System, Georgia Firemen's Pension Fund, Sheriffs' Retirement Fund of Georgia, Peace Officers' Retirement Fund, Su perior Court Clerks' Retirement Fund of Georgia, Superior Court Judges Re tirement System, and District Attorneys Retirement System This bill would authorize the board of trustees of certain retirement systems to increase the benefits of persons receiving benefits on July 1, 1990 under the retirement systems to offset or partially offset the Georgia income tax paid on such benefits. This authorization would be contingent on maintaining the actuarial soundness of the retirement systems. The Act would become effective on July 1, 1990 if it is concurrently funded as provided by the "Public Retirement Systems Standards Law". This is to certify that the amendment to this substitute bill (deleting the requirement that the increase would not apply to benefits exceeding $35,000) is nonfiscal as defined in the Public Retirement Systems Standards Law since the amendment does not change any factor of the actuarial investigation previously submitted. /s/ G. W. Hogan State Auditor On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster 1962 JOURNAL OF THE SENATE Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Parker Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate T, ,i aylOr Timmons Turner Tysinger Walker Those not voting were Senators: Broun Langford Olmstead Pollard Ragan of 10th Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following general bill of the House, having been read the third time previously today and placed on the Table, and taken from the Table, was put upon its passage: HB 1889. By Representative Bostwick of the 138th: A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Com mittee and its composition and powers. Senate Sponsors: Senators Echols of the 6th and Perry of the 7th. The Senate Committee on Agriculture offered the following amendment: Amend HB 1889 by adding on line 4 of page 2 between the word "County" and the semicolon the following: "and the vice chairman of the Senate Committee on Agriculture". On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted. Senators Broun of the 46th and Perry of the 7th offered the following amendment: Amend HB 1889 by striking subsection (a) of Code Section 2-3-23 on page 4 and in serting in lieu thereof the following: "(a) The members of the committee who are members of the General Assembly shall be entitled to the regular per diem expenses received by the members of the General Assembly." On the adoption of the amendment, the yeas were 44, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 1, 1990 1963 Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Brannon Broun Burton Coleman Deal Dean Echols English Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd McKenzie Parker Perry Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Albert Clay Collins Edge Engram Land Newbill Phillips Ragan of 32nd Those not voting were Senators: Bowen Dawkins Egan Garner Langford Olmstead Peevy Pollard On the passage of the bill, the yeas were 39, nays 9. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the Senate was taken up for the purpose of considering the House action thereon: SB 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. Senator Johnson of the 47th moved that the Senate adhere to its disagreement to the House substitute to SB 524, and that a Conference Committee be appointed. On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 524. The President appointed as a Conference Committee on the part of the Senate the following: Senators Johnson of the 47th, Scott of the 2nd and Tysinger of the 41st. 1964 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 substitute, by the requisite constitutional majority the fol lowing resolution of the Senate: 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 House has disagreed to the Senate amendment to the following bill of the House: HB 1381. By Representative Kingston of the 125th: A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents. The House has agreed to Senate amendment #1 and has agreed to Senate amendment #2, as amended by the House, to the following bill of the House: 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. The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SR 413 was as follows: 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; consenting to the annexation of certain state owned real property located in Calhoun County into the corporate limits of the City of Morgan; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the 1645th Georgia Militia District of Tattnall County, Georgia, which is in the custody of the Department of Corrections; and WHEREAS, Tattnall County is expanding its solid waste landfill which is adjacent to the above-described state property; and THURSDAY, MARCH 1, 1990 1965 WHEREAS, Tattnall County is desirous of gaining access to the above-mentioned land fill across state property; and WHEREAS, the Commissioner of the Department of Corrections endorses the granting of this easement to Tattnall County; and WHEREAS, the State of Georgia is the owner of certain real property located in Calhoun County; and WHEREAS, such property is under the control of the Department of Corrections; and WHEREAS, a state correctional facility is being constructed on said state property; and WHEREAS, it would be beneficial to the State of Georgia to have the real property on which such state correctional facility is located annexed into the corporate limits of the City of Morgan so that the correctional facility could receive municipal services from the city; and WHEREAS, Code Sections 36-36-2 and 36-36-22 of the O.C.G.A. authorize the annexa tion of such property upon the application of the landowners affected; and WHEREAS, the Board of Commissioners of Calhoun County has indicated through its chairman that it does not oppose such annexation. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: ARTICLE I Section 1. That the State of Georgia is the owner of the hereinafter described real prop erty in Tattnall County, hereinafter referred to as the "easement area" and that, in all mat ters relating to the easement area, 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, may grant to the Tattnall County Board of Commissioners a nonexclusive right-ofway easement for the construction, operation, and maintenance of a road right-of-way in, on, over, under upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a road right-of-way, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasona bly necessary to accomplish the aforesaid purposes. Said right-of-way easement area is lo cated in Georgia Militia District 1645 of Tattnall County, Georgia, and will be more particu larly described on a plat of survey prepared by a Georgia registered land surveyor presented to and acceptable by the State Properties Commission. Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operat ing said road right-of-way. Section 4. That Tattnall County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said road right-of-way. Section 5. That, after Tattnall County has put into use the road right-of-way for which this easement is granted, a subsequent abandonment of the use thereof shall cause a rever sion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Tattnall County, its successors and assigns, shall have the option of removing its facilities from the easement area or leav ing the same in place, in which event the facilities shall become the property of the State of Georgia, its successors and assigns. Section 6. That no title shall be conveyed to Tattnall County and, except as herein specifically granted to Tattnall County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not 1966 JOURNAL OF THE SENATE inconsistent with or detrimental to the rights, privileges, and interest granted to Tattnall County. Section 7. That if the State of Georgia, acting by and through its State Properties Com mission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Tattnall County shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to Tattnall County shall contain such other rea sonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is au thorized to use more accurate descriptions of the easement area, so long as the descriptions utilized by the State Properties Commission describe the same easement area herein granted. Section 9. That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said road rightof-way. Section 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II Section 1. That the General Assembly and the State of Georgia grant their consent to the annexation by the City of Morgan of the real property located in Calhoun County sub ject to compliance with any and all other lawful requirements, which property is more par ticularly described as follows: All that tract or parcel of land situate, lying and being in Lot of Land Nos. 162 and 163 of the Third Land District of Calhoun County, Georgia, consisting of 168.872 areas and being more specifically described as follows: Begin at a reference point which lies on the north right-of-way of Georgia Highway No. 45 at a point where the same is intersected by the west right-of-way of County Road No. 58 and from said reference point run thence in a westerly direction along the north right-of-way of Georgia Highway No. 45 a distance of 1,530.2 feet to the point of beginning of the herein described property; thence continue in a westerly direction along the north right-of-way of Georgia Highway No. 45 the chord of which is south 88 degrees 54 minutes 12 seconds west for a distance of 686.83 feet to a point; thence continue in a westerly direction along the north right-of-way of Georgia Highway No. 45 north 84 degrees 16 minutes 40 seconds west a distance of 1,796.93 feet to an iron pin; thence run north 0 degrees 54 minutes 32 seconds east a distance of 2,045.32 feet to an iron pin; thence run south 88 degrees 54 minutes 0 seconds east a distance of 1,669.94 feet to a concrete monument; thence run south 88 degrees 38 minutes 28 seconds east for a distance of 2,225.55 feet to an iron pin on the west right-of-way of County Road No. 58; thence run south 1 degree 1 minute 30 seconds east a distance of 1,308.37 feet to an iron pin; thence run north 88 degrees 38 minutes 28 seconds west for a distance of 675 feet to an iron pin; thence run south 60 degrees 32 minutes 31 seconds west a distance of 945 feet to an iron pin; thence run south 03 degrees 23 minutes 43 seconds east a distance of 370 feet to an iron pin and the point of beginning. The property herein described is more particularly defined and delineated by reference to a plat and survey of the same made by Grady Lodge Holman, prepared December 15, 1987, and said plat being entitled, "Proposed Acquisition by the State of Georgia." Section 2. That this article of this resolution shall constitute the consent, request, and application of the State of Georgia as the owner of the above-described real property on which the state correctional facility will be located pursuant to Code Sections 36-36-2 and 36-36-22 of the O.C.G.A. THURSDAY, MARCH 1, 1990 1967 ARTICLE III Section 1. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2. That all laws and parts of laws in conflict with this resolution are repealed. Senator Kennedy of the 4th moved that the Senate agree to the House substitute to SR 413. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker . Clay CCoollleimnsan Deal Dean Echols Edge Egan English Engram Fincher Fuller Gillis Hammill Harrb Howard JHouhgngsionns Kennedy Kidd Land McKenzie Newbill Parker Peevy Perry Phillips Pollard R of I0th R of 32nd R* Sc coy.t.t of,, 2_ nd, Scott of 36th Starr Taylor Turner Tysinger Walker Those not voting were Senators: Barnes Broun Burton Dawkins Foster Garner Langford Olmstead Shumake Stumbaugh Tate Timmons On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 413. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 496. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st. A resolution relative to adjournment. The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th: 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 1968 JOURNAL OF THE SENATE 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 Speaker has appointed on the part of the House, Representatives Watson of the 114th, Green of the 106th and Beck of the 148th. The House has disagreed to the Senate substitute to the following bill of the House: HB 1608. By Representatives Bishop of the 94th and Randall of the 101st: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipali ties and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: 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. The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto: SR 496. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Thursday, March 1, and to reconvene at 10:00 o'clock A.M. on Monday, March 5. The House amendment was as follows: Amend SR 496 by changing the figure "5" on line 3, page 1, to "6". Senator Allgood of the 22nd moved that the Senate agree to the House amendment to SR 496. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 496. Senator Allgood of the 22nd moved that the Senate stand in recess until 6:00 o'clock P.M. and at that time stand adjourned, pursuant to SR 496 adopted previously, until 10:00 o'clock A.M. on Monday, March 5; the motion prevailed. At 3:55 o'clock P.M., the President announced the Senate would stand in recess until 6:00 o'clock P.M., at which time the Senate would stand adjourned, pursuant to SR 496 adopted previously, until 10:00 o'clock A.M. on Monday, March 5. MONDAY, MARCH 5, 1990 1969 Senate Chamber, Atlanta, Georgia Monday, March 5, 1990 Thirty-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 the proceedings of Thursday, March 1, 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 2042. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A bill to provide a new charter for the City of Ball Ground. HB 2043. By Representatives Porter of the 119th, Pinkston of the 100th, Randall of the 101st, Lucas of the 102nd, Groover of the 99th and others: A bill to create the Middle Georgia Surface and Air Transportation Commission. HB 2044. By Representatives Chambless of the 133rd and Balkcom of the 140th: A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit. HB 2046. By Representative Ricketson of the 82nd: A bill to amend an Act creating a new charter for the City of Warrenton, so as to change the method of election and terms of office of the mayor and members of the city council, including the mayor pro tempore. HB 2049. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to create a board of elections and registration for Catoosa County and provide for its powers and duties. HB 2050. By Representatives Herbert of the 76th and Yates of the 75th: A bill to amend an Act creating a new charter for the City of Griffin, so as to designate the chairman of the board of commissioners; to provide for the selec tion of a chairman pro tern; to define the powers and duties of the chairman. HB 2051. By Representative Lord of the 107th: A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court. 1970 JOURNAL OF THE SENATE HB 2052. By Representatives Redding of the 50th, Clark of the 55th, Williams of the 54th, Williams of the 48th, Teper of the 46th and others: A bill to amend an Act imposing certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, so as to provide for meetings between certain individuals from the City of Atlanta and from DeKalb County to discuss provisions of con tracts regarding the delivery of services in "Atlanta in DeKalb". HB 2053. By Representatives Barfoot of the 120th, Moody of the 153rd and Byrd of the 153rd: A bill to provide that future school superintendents of the Toombs County School District shall be appointed by the board of education rather than elected. HB 2055. By Representative Jenkins of the 80th: A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the elections and terms of members of the city council. SB 747. By Senator Edge of the 28th: A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, as amended, so as to change the time, method, and manner of electing the mayor and councilmembers; to provide for terms; to provide for filling vacancies. SB 645. By Senator Peevy of the 48th: A bill to provide a homestead exemption from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for residents of the City of Buford who are 65 years of age or over or who are disabled and whose income does not exceed $25,000.00; to provide an exception with respect to land in excess of one acre. SB 709. By Senators Taylor of the 12th, Baldwin of the 29th, Land of the 16th and others: A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide that the annual report of the Commissioner shall include information regarding ac tions taken by the department on personal lines property and casualty insurance rate filings. SB 717. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia 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 529. By Senator Harris of the 27th: 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. MONDAY, MARCH 5, 1990 1971 SB 464. By Senators Dawkins of the 45th and Edge of the 28th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to correct an error relative to the pay ment of benefits to dependents of a deceased employee; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insur ance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis. SB 568. By Senator Foster of the 50th: A bill to amend Code Section 50-12-41, relating to the creation of the Georgia State Games Commission, so as to provide that such commission shall be as signed to the Department of Natural Resources for administrative purposes only. SB 454. By Senator Starr of the 44th: A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a fine as a condition precedent to pro bation, so as to increase the maximum amount of the fine that may be imposed. SB 512. By Senator Dawkins of the 45th: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Anno tated, relating to licenses to carry pistols and revolvers, so as to exclude persons convicted of an offense involving illegal drugs from eligibility to receive or hold such licenses; to provide for definitions; to provide an effective date. SB 20. By Senator Allgood of the 22nd: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Anno tated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to include within such exemptions certain persons. SB 718. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia 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. SB 548. By Senator Kidd of the 25th: A bill to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit; to provide for the initial and subsequent elections of such judge; to provide for terms of office; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit. SB 620. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th: A bill to amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Asbestos Safety Act," so as to change the termination or "sunset" date of the Act; to provide for the continuation of said Act and the Asbestos Licensing Board for an additional period of time; to provide an effective date. 1972 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolu tions of the Senate: 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. 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. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 486. By Senator Kidd of the 25th: A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an applica tion for recall petition for circulation and of the filing of such completed applica tion for verification; to provide for filing applications for recall exceeding one page in length. SB 354. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons. The House has agreed to the Senate substitutes to the following bills of the House: HB 1185. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug offense. HB 1200. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons con victed of possession of a controlled substance or marijuana; to provide for report ing of suspensions to the Department of Public Safety. HB 1639. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Em ployees Benefit System to the Georgia Municipal Employees Benefit System. MONDAY, MARCH 5, 1990 1973 HB 1945. By Representatives Irwin of the 13th, Clark of the 13th, Thurmond of the 67th and Stephens of the 68th: A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, so as to provide for the number of mem bers and for the election of members of the Board of Education of Clarke County. HB 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th: A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees. The House has agreed to the Senate amendments to the following bills of the House: 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 1916. By Representative Murphy of the 18th: A bill to amend an Act creating the office of sole commissioner of Haralson County, so as to submit to the voters of Haralson County the question of chang ing the form of government of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County. HB 1927. By Representative Carter of the 146th: A bill to amend an Act creating the Board of Commissioners of Berrien County, so as to change the provisions relating to the compensation of members of the board of commissioners. HB 1172. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system. HB 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 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, to as to provide for coordination of 1974 JOURNAL OF THE SENATE the delivery of services to children and adolescents with severe emotional disturbances. 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. The House has adopted the report of the Committee of Conference on the following bills of the House and Senate: SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain dis tances of significant ground-water recharge areas so as to provide that such pro visions shall not apply to certain sanitary landfills and permits therefor; to pro vide an effective date. 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 resolution of the Senate was introduced, read the first time and referred to committee: SR 498. By Senators Albert of the 23rd and Kidd of the 25th: A resolution creating the Senate Protection of Artists Study Committee. Referred to Committee on Rules. The following bills of the House were read the first time and referred to committee: HB 2042. By Representatives Stancil of the 8th and Hasty of the 8th: A bill to provide a new charter for the City of Ball Ground. Referred to Committee on Urban and County Affairs. HB 2043. By Representatives Porter of the 119th, Pinkston of the 100th, Randall of the 101st and others: A bill to create the Middle Georgia Surface and Air Transportation Commission. Referred to Committee on Urban and County Affairs. HB 2044. By Representatives Chambless of the 133rd and Balkcom of the 140th: A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit. Referred to Committee on Urban and County Affairs. MONDAY, MARCH 5, 1990 1975 HB 2046. By Representative Ricketson of the 82nd: A bill to amend an Act creating a new charter for the City of Warrenton, so as to change the method of election and terms of office of the mayor and members of the city council, including the mayor pro tempore. Referred to Committee on Urban and County Affairs. HB 2049. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to create a board of elections and registration for Catoosa County and provide for its powers and duties. Referred to Committee on Urban and County Affairs. HB 2050. By Representatives Herbert of the 76th and Yates of the 75th: A bill to amend an Act creating a new charter for the City of Griffin, so as to designate the chairman of the board of commissioners; to provide for the selec tion of a chairman pro tern; to define the powers and duties of the chairman. Referred to Committee on Urban and County Affairs. HB 2051. By Representative Lord of the 107th: A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court. Referred to Committee on Urban and County Affairs. HB 2052. By Representatives Redding of the 50th, Clark of the 55th, Williams of the 54th and others: A bill to amend an Act imposing certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, so as to provide for meetings between certain individuals from the City of Atlanta and from DeKalb County to discuss provisions of con tracts regarding the delivery of services in "Atlanta in DeKalb". Referred to Committee on Urban and County Affairs. HB 2053. By Representatives Barfoot of the 120th, Moody of the 153rd and Byrd of the 153rd: A bill to provide that future school superintendents of the Toombs County School District shall be appointed by the board of education rather than elected. Referred to Committee on Urban and County Affairs. HB 2055. By Representative Jenkins of the 80th: A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the elections and terms of members of the city council. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Appropriations has had under consideration the following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 253. Do pass. HR 574. Do pass. HB 1272. Do pass. HR 682. Do pass. 1976 JOURNAL OF THE SENATE HR 719. HR 776. HR 785. Do pass. Do not pass. Do pass. HR 786. Do not pass. HR 787. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman 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 164. HB 770. HB 1425. HB 1578. HB 1614. Do pass. Do pass as amended. Do Do pHpaassss. by substitute. Do pass. HB 1620. HB 1621 . HB 1700. HB 1702- Do pass by substitute. Do pass. Do pass. Do pass. HB 1618. Do pass. HR 836. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Corrections 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 1728. Do pass. Respectfully submitted, Senator Garner of the 30th District, Chairman Mr. President: The Committee on Education has had under consideration the following bills and reso lutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 553. Do pass. HB 1640. Do pass by substitute. HB 951. Do pass by substitute. HB 1520. Do pass by substitute. HB 1143. Do pass. HB 1756. Do pass by substitute. HB 1144. Do pass by substitute. HR 763. Do pass. HB 1598. Do pass. HR 831. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Industry and Labor 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: MONDAY, MARCH 5, 1990 1977 HR 810. HB 1158. HB 1210. HB 1370. Do pass. Do pass. Do pass. Do pass. HB 1490. Do pass. HB 1679. Do pass. HB 1686. Do pass. Respectfully submitted, Senator Dawkins of the 45th District, Chairman Mr. President: The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 1530. Do pass by substitute. HB 1651. Do pass by substitute. HB 1753. Do pass by substitute. Respectfully submitted, Senator Dawkins of the 45th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 744. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills and resolu tion of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1184. Do pass. HB 1319. Do pass by substitute. HB 1305. Do pass. HB 1574. Do pass. HB 1316. Do pass by substitute. HB 1663. Do pass. HB 1317. Do pass by substitute. HB 1951. Do pass. HB 1318. Do pass by substitute. HR 777. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1692. Do pass. HR 848. Do pass. HR 731. Do pass. HR 887. Do pass. HR 812. Do pass by substitute. HR 909. Do pass. 1978 JOURNAL OF THE SENATE HR 931. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman The following communication from Senator Harris of the 27th, Chairman of the Urban and County Affairs Committee, was read by the Secretary: The State Senate Atlanta February 28, 1990 Honorable Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: I will be unable to attend the meeting of the Senate Urban and County Affairs Commit tee scheduled for tomorrow morning, March 1, 1990 in Room 328 of the LOB at 8:30 a.m. I hereby authorize the Vice-Chairman, Senator Harold Ragan of the 10th, to preside in my absence and to take up the general bills scheduled to be heard at the meeting. Thank you for your attention to this matter. Yours very truly, /a/ W. F. Harris, Chairman Urban and County Affairs Committee The following reports of a standing committee were read by the Secretary: Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1248. Do pass. HB 1754. Do pass. HB 1713. Do pass. HB 278. Do pass as amended. Respectfully submitted, Senator Ragan of the 10th District, Vice 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 112. Do pass by substitute. HB 1649. Do pass. SB 765. Do pass. HB 1835. Do pass by substitute. HB 1009. Do pass by substitute. HB 1902. Do pass. HB 1292. Do pass. HB 1933. Do pass. HB 1579. Do pass. HB 1937. Do pass. HB 1648. Do pass. HB 1972. Do pass. MONDAY, MARCH 5, 1990 1979 HB 1973. HB 1975. HB 1976. HB 1997. HB 1999. HB 2003. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. HB 2005. Do pass. HB 2008 Do pass. HB 2010. Do pass. HB 201L Do PassHB 2039. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the House were read the second time: HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and con trolled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to pro vide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution. HB 553. By Representatives Sinkfield of the 37th, Benn of the 38th and Heard of the 43rd: A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to al low eligible licensed personnel, paraprofessionals, and aides to participate in de velopment programs. HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th and others: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions re lating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time. HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st: A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions. HB 1143. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th: A bill to amend Code Section 20-2-270 of the Official Code of Georgia Annotated, establishing a state-wide network of regional educational service agencies, so as to change the assistance to be provided to member local school systems. 1980 JOURNAL OF THE SENATE HB 1144. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th: A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to require courses concerning the impact of alcohol, smoking, and drug abuse upon health. HB 1158. By Representative Watson of the 114th: A bill to amend Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to criminal trespass by motor vehicle, so as to change the provisions re lating to the identification of parking areas by signs which denote the elements of the crime of criminal trespass by motor vehicle. 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 1370. By Representatives Smith of the 156th, Dover of the llth, Moody of the 153rd and others: A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages for the purposes of the Georgia "Employment Security Law," so as to exclude from the definition of wages payments made by the owner or operator of a commercial shrimping or fishing vessel as a percentage of the daily catch of the vessel to crew members for services performed on the vessel for that particular day. HB 1425. By Representatives Ray of the 98th, Watson of the 114th, Jenkins of the 80th and Crawford of the 5th: A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to prohibit moving or transporting certain mobile homes which do not have at tached and displayed thereon the decals required under Code Section 48-5-492. HB 1490. By Representatives Robinson of the 96th and Buck of the 95th: A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes generally, so as to exempt social workers, professional counselors, and marriage and family ther apists from the levy of any license, occupation, or professional tax by counties and municipalities. HB 1520. By Representatives Murphy of the 18th and Mangum of the 57th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Educa tion and the Board of Regents of the University System of Georgia. MONDAY, MARCH 5, 1990 1981 HB 1530. By Representatives Dover of the llth, Twiggs of the 4th, Colwell of the 4th and Jamieson of the llth: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that first responder volunteer firelighters providing emergency medical services may be covered employees. HB 1578. By Representatives Martin of the 26th and Lupton of the 25th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of landmark historic property under certain cir cumstances; to change the provisions relating to the assessment of tangible property. HB 1598. By Representatives Isakson of the 21st, Ransom of the 90th, Yates of the 75th and others: A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the State Board of Education to provide by rule or regulation for the form, content, and issuance of student identification cards; to provide guidelines for the issuance of such cards. HB 1614. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law. HB 1618. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, so as to change certain provisions regarding the calculation of esti mated tax liability. HB 1620. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedures for sales under tax levies and executions, so as to change certain provisions regarding sales under tax executions; to change certain provi sions regarding advertisement of tax levies and written notice of tax executions. HB 1621. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order. HB 1640. By Representative Mangum of the 57th: A bill to amend Code Section 20-2-833 of the Official Code of Georgia Annotated, relating to additional payments to certain supervisors of student teachers, so as to change the provisions relative to definitions; to provide for teacher support 1982 JOURNAL OF THE SENATE specialists; to change the provisions relative to the amount of additional pay ments to supervisors of student teachers. HB 1651. By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the 156th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter. HB 1679. By Representatives Byrd of the 153rd and McCoy of the 1st: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide a new require ment for the reinstatement of a salesperson's license; to revise the provisions rel ative to the granting of a real estate license to a nonresident. HB 1686. By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th and others: A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the pro duction and generation of steam used in a manufacturing process. HB 1692. By Representatives Jamieson of the llth, Dover of the llth, Irwin of the 13th and others: A bill to amend an Act creating the Northeast Georgia Surface and Air Trans portation Commission, approved March 30, 1989, so as to provide for an addi tional member county, to provide for additional members of the commission. HB 1700. By Representative Coleman of the 118th: A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to examination of county tax digests, so as to limit the circumstances under which taxes may be collected under a disapproved digest. HB 1702. By Representative Coleman of the 118th: A bill to amend Code Section 48-5-349.2 of the Official Code of Georgia Anno tated, relating to procedure for appeals to the Ad Valorem Assessment Review Commission, so as to provide for additional assessments in certain cases involv ing disapproval by the state revenue commission of a subsequent digest. HB 1728. By Representatives Poston of the 2nd, Holland of the 136th, Snow of the 1st and McCoy of the 1st: A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures for municipal and county de tention facilities, so as to provide that it shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer or a dispatcher is on duty at the detention facility at all times while a person is incarcerated therein. HB 1753. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th: A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so MONDAY, MARCH 5, 1990 1983 as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. HB 1756. By Representatives Smyre of the 92nd, Mangum of the 57th, Lawson of the 9th and Hooks of the 116th: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to pro vide for variations in the program weights; to change certain minimum expendi ture requirements. HB 744. By Representative Groover of the 99th: A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of said chapter. HR 731. By Representatives Snow of the 1st and McCoy of the 1st: A resolution designating the "Desmond T. Doss Medal of Honor Highway". 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. HR 810. By Representatives Griffin of the 6th, Foster of the 6th, Dover of the llth and others: A resolution creating the Joint Workers' Compensation Study Committee. HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A resolution designating the "Plantation Parkway." HR 831. By Representatives Alford of the 57th and Hamilton of the 124th: A resolution directing the State Board of Education to include a course of study in citizenship and character development in its core curriculum. 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. 1984 JOURNAL OF THE SENATE HR 848. By Representatives Hudson of the 117th and Birdsong of the 104th: A resolution designating the Everett Floyd Dykes Highway. HR 887. By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st and others: A resolution designating the F. Emory Greene Memorial Bridge. HR 909. By Representative Edwards of the 112th: A resolution designating the Eloise Woolridge Bridge. HR 931. By Representatives Randall of the 101st, Birdsong of the 104th, Groover of the 99th and others: A resolution designating the Joe A. Whitherington Bridge. HB 253. By Representative McDonald of the 12th: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1990, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein. HB 278. By Representative Felton of the 22nd: A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an ex ception for certain municipal corporations. 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 1248. By Representatives Birdsong of the 104th and Barnett of the 10th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that certain local government build ings financed in whole or in part with state funds shall have displayed thereon a plaque or marker with the names of certain state and local officials. HB 1272. By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th and Jackson of the 9th: A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimbursement; to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimbursement of travel expenses. MONDAY, MARCH 5, 1990 1985 HB 1305. By Representatives Holmes of the 28th and Lupton of the 25th: A bill to provide for an additional judge of the Superior Court of the Atlanta Judicial Circuit. 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. 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. 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. 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. HB 1574. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th and others: 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 six the number of judges for the Augusta Judicial Circuit. HB 1663. By Representative Buford of the 103rd: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for the continuation of certain personnel positions in the offices of dis trict attorneys under certain circumstances; to provide for position transfers. HB 1713. By Representative Crawford of the 5th: A bill to repeal an Act providing that in any county having a population of not less than 21,800 and not more than 22,000 according to the United States decen nial census of 1980 or any future such census the salary of the county commis sioner shall be the same as the sheriff of the county. 1986 JOURNAL OF THE SENATE 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 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the 78th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit. HR 574. By Representative Smith of the 78th: A resolution compensating Mr. Chris A. Smith in the sum of $1785.00. HR 682. By Representative Smith of the 16th: A resolution compensating the Richard B. Russell Airport in the sum of $1256.84. HR 719. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris in the sum of $678.41. HR 777. By Representatives Thomas of the 69th, Groover of the 99th, Walker of the 115th and Murphy of the 18th: A resolution proposing an amendment to the Constitution so as to provide for suits against state officials and employees; to provide for the liability of state officials and employees for injuries and damages arising from their discharge of their official functions. HR 785. By Representative Powell of the 145th: A resolution compensating Mr. Harold 0. Day in the sum of $2409.00. HR 787. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Melissa D. Walker in the sum of $410.03. The President called for the morning roll call, and the following Senators answered to their names: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster 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 MONDAY, MARCH 5, 1990 1987 Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger Walker Those not answering were Senators: Fuller Turner Senator Echols of the 6th introduced the chaplain of the day, Reverend 0. J. Graham, pastor of First Baptist Church, Blackshear, 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 March 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 2:30 p.m. on March 2, 1990. The list is numbered 1085 through 1088. Most Sincerely, /s/ 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 1085 through 1088, who have registered in the Docket of Legislative Appearance as of March 2, 1990, 2:30 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 March, 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. kl Max Cleland Secretary of State SEAL 1988 JOURNAL OF THE SENATE 1085. Gregory H. Yates JMR Developments Fairborn, Ohio 45324 (513)427-0007 TKK Enterprises 1086. Melinda J. Doolittle 2055 Mount Paran Rd. NW Atlanta, Georgia 30327 (404)261-0720 Moral Concerns of Mount Paran Pro-Life 1087. Steven A. Reidich 3100 Breckinridge Blvd. Duluth, Georgia 30136 (404)564-6124 The A. L. Williams Corp. 1088. Gil Muratori 12203 S.W. 107 Ct Miami, Florida 33176 (813)933-8115 Hoechst-Roussel Pharmaceuticals, Inc. The following resolutions of the Senate were read and adopted: SR 493. By Senator Newbill of the 56th: A resolution recognizing Ila and Isaac R. Galanti on the occasion of their 45th anniversary. SR 494. By Senators Newbill of the 56th and Collins of the 17th: A resolution commending Mr. J. Randolph "Randy" Evans, Jr. SR 497. By Senator Broun of the 46th: A resolution expressing regret at the untimely passing of UGA IV. SR 499. By Senator Dean of the 31st: A resolution expressing regret at the passing of Mrs. Frances Weinman Luro. SR 501. By Senators Kennedy of the 4th and Gillis of the 20th: A resolution commending Mrs. Maude Coleman. SR 502. By Senator Foster of the 50th: A resolution commending the Towns County Lions Club. SR 503. By Senator Broun of the 46th: A resolution expressing condolences at the passing of Thomas Hamilton Milner, Jr. SR 504. By Senator English of the 21st: A resolution commending Sheriff James L. English. SR 500. By Senator Kidd of the 25th and many, many others: A resolution commending and congratulating Saralyn Foster on the occasion of her birthday. Senator Kidd of the 25th introduced Saralyn Foster who briefly addressed the Senate. MONDAY, MARCH 5, 1990 1989 The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Monday, March 5, 1990 THIRTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) *SB 112 Shumake, 39th Scott, 36th Tate, 38th Stumbaugh, 55th Walker, 43rd Langford, 35th Starr, 44th Collins, 17th Peevy, 48th Clayton, DeKalb, Fulton and Gwinnett Counties Amends the "Metropolitan Atlanta Rapid Transit Authority Act of 1985" to change certain provisions regarding appointment of fact finders, finding in terest arbitration, and resolution of wage issue disputes. (SUBSTITUTE) SB 765 Harris, 27th Monroe County Changes the compensation of the commissioners of Monroe County. *HB 1009 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County City of Pooler Corrects a technical error in a description of a tract or parcel of land in cluded within the corporate limits of the City of Pooler. (SUBSTITUTE) HB 1292 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County Increases 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 certain residents of the county who meet cer tain qualifications. HB 1579 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County Changes the provisions relating to the retirement board of the Board of Pub lic Education for the City of Savannah and the County of Chatham. 1990 JOURNAL OF THE SENATE HB 1648 Scott, 2nd Hammill, 3rd Chatham County Provides that the chairman of the Board of Commissioners of Chatham County shall not serve more than two consecutive terms. HB 1649 Scott, 2nd Hammill, 3rd Chatham County Provides that the Mayor of Savannah shall not serve more than two consecu tive terms. HB 1835 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County City of Savannah Provides for the Savannah-Chatham County Anti-Drug Commission, a body corporate and politic. (SUBSTITUTE) HB 1902 Barnes, 33rd Clay, 37th Newbill, 56th Cobb County Changes certain titles in the State Court of Cobb County. HB 1933 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County Authorizes the judges of the Magistrate Court of Chatham County to set aside a certain portion of the filing fees to fund a mediation service. HB 1937 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County Requires the clerk of the State Court of Chatham County to set aside a cer tain portion of filing fees to fund a mediation service. HB 1972 Dawkins, 45th Walton County City of Monroe Changes the date of municipal elections; provides for the election of the mayor and the councilmembers. HB 1973 Dawkins, 45th Walton County City of Jersey Provides a new charter for the City of Jersey. MONDAY, MARCH 5, 1990 1991 HB 1975 Dawkins, 45th Walton County City of Social Circle Provides a $20,000.00 homestead exemption from Social Circle School Dis trict ad valorem taxes for educational purposes for certain disabled residents of that school district who have annual incomes not exceeding $15,000.00. HB 1976 Dawkins, 45th Walton County City of Social Circle Provides a $20,000.00 homestead exemption from Social Circle School Dis trict ad valorem taxes for educational purposes for certain residents of that school district who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over. HB 1997 Johnson, 47th Banks County Changes the compensation of the coroner. HB 1999 Gillis, 20th Laurens County Town of East Dublin Provides that three members of the city council shall be elected by district and two members shall be elected at large. HB 2003 Clay, 37th Brannon, 51st Cherokee County Provides for a code of ethics for the members of the governing authority of Cherokee County; provides for the creation of an independent Board of Eth ics of Cherokee County. HB 2005 Starr, 44th Collins, 17th Clayton County Changes the membership of the Clayton County Commission on Children and Youth; changes the date on which the commission is abolished. HB 2008 Engram, 34th Fayette County Town of Tyrone Changes the qualifications and terms of the mayor and council of Tyrone. HB 2010 Foster, 50th Rabun County City of Sky Valley Authorizes the retention of staggered two-year terms of office for Sky Valley. HB 2011 Harris, 27th Monroe County City of Forsyth Provides a $2,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for certain individuals; provides an additional $4,000.00 exemption from ad valorem taxes for individuals 65 years of age or older. 1992 JOURNAL OF THE SENATE HB 2039 Dawkins, 45th Walton County Changes the definition of "homestead", increases the homestead exemption from Walton County School District ad valorem taxes for educational pur poses for certain residents of the county. The substitutes to the following bills were put upon their adoption: *SB 112: The Senate Committee on Urban and County Affairs offered the following substitute to SB 112: A BILL To be entitled an Act to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965" (Ga. L. 1965, p. 2243), as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue dis putes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The "Metropolitan Atlanta Rapid Transit Authority Act of 1965" (Ga. L. 1965, p. 2243), as amended, is amended by striking paragraph (4) of subsection (b) of Sec tion 20 and inserting in its place the following: "(4) Upon or prior to the expiration of an existing labor agreement, the Authority and the authorized representative shall collectively bargain in an effort to reach a successor or replacement labor agreement. If, within 30 days after expiration of an existing labor agree ment, the Authority and the authorized representative are then unable to agree upon the terms and conditions of a new labor agreement, including but not limited to the issue of wages, they shall jointly submit any unresolved issues between the parties, including, but not limited to, the issue of wages to binding issue arbitration. The neutral arbitrator for such proceeding shall be a member of and be selected from a list of arbitrators provided by the American Arbitration Association. If the parties cannot agree on an arbitrator from such list, then the neutral arbitrator shall be selected from the list by lot. The neutral arbitrator shall be a resident of either Fulton or DeKalb County and shall be compensated equally by both parties. The final decision of the neutral arbitrator shall be issued within 60 days fol lowing the arbitrator's final hearing upon the issues and that decision shall be binding on both parties. In the event that any unresolved collective bargaining issue, including, but not limited to, wages for represented employees, is not submitted to interest arbitration, the parties shall continue to bargain collectively with respect to such issues in a good faith effort to reach agreement on such issues or to agree upon the terms and conditions of a stipulation or submission agreement to be submitted to interest arbitration, as provided in this paragraph." Section 2. Said Act is further amended by striking paragraph (8.1) of subsection (b) of Section 20, relating to judicial arbitration. Section 3. This Act shall become effective on July 1, 1990. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 3, and the substitute was adopted. MONDAY, MARCH 5, 1990 1993 *HB 1009: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1009: A BILL To be entitled an Act to amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act ap proved March 19, 1984 (Ga. L. 1984, p. 4326), so as to correct a technical error in a descrip tion of a tract or parcel of land included within the corporate limits of the City of Pooler; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984 p. 4326), is amended by striking from subsection (d) of Section 1.11 the following: "ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of Pine Barren Road and the southerly right-of-way line of U.S. Highway 80." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 3, and the substitute was adopted. *HB 1835: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1835: A BILL To be entitled an Act to provide for the Savannah-Chatham County Anti-Drug Com mission, 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, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commis sion to contract and to acquire, purchase, lease, receive, hold, possess, sue, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the com mission; to provide that no debt or obligation of the City of Savannah, other municipalities, or the county of Chatham shall be incurred in the exercise of any of the powers granted by this Act; to provide for annual reports; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to provide for the rights, authority, and powers of other agencies; to repeal conflicting laws; and for other purposes. WHEREAS, it is desirable and in the public interest that such actions be initiated and implemented to control or deter, with the ultimate objective of reducing or eliminating, the unlawful use and possession of dangerous drugs and controlled substances in the City of Savannah, other municipalities, and in Chatham County; that educational programs to in form and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate 1994 JOURNAL OF THE SENATE the widespread use and possession of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from society; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short title. This Act may be cited as the "Savannah-Chatham County AntiDrug Commission Act." Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the "Savannah-Chatham County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be con tracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all immunities as are now or hereafter granted to it or authorized by the Constitution and laws of this state. Section 3. Term of existence or duration. The commission shall have existence for and during a term of five years, beginning on July 1, 1990, and terminating on June 30, 1995, at which time such commission shall be dissolved and shall thereafter be nonexistent. Section 4. Composition, (a) The commission shall be composed of 30 members. Except as otherwise provided in this subsection, the members shall be appointed initially by the members of the General Assembly whose legislative districts are wholly or partially within Chatham County, to fill the respective posts, as follows: Post Members 1. The mayor of the City of Savannah; 2. The chairman of the Board of Commissioners of Chatham County; 3. The mayor of the City of Garden City; 4. The mayor of the City of Pooler; 5. The mayor of the City of Port Wentworth; 6. The mayor of the City of Bloomingdale; 7. The mayor of the City of Tybee Island; 8. The mayor of the Town of Thunderbolt; 9. The sheriff of Chatham County; 10. The district attorney of the Eastern Judicial Circuit of Georgia; 11. The president or chairperson of the Chatham County Medical Association; 12. The president or chairperson of the Chatham County Pharmaceutical Association; 13. The president or chairperson of the Chatham County Ministerial Association; 14. The president of the Savannah Area Chamber of Commerce; 15. One person appointed by the Chatham County Board of Education; 16. The chairperson of the Chatham County Independent School Association; 17. The chief judge of the superior court, or his designee; 18. The chief of police of the City of Savannah; 19. The chief of police of Chatham County; 20. The director of the Chatham-Savannah Youth Futures Authority; 21. The director of the Board of Health of Chatham County; 22. The director of the Tidelands Community Mental Health Center; 23. The director of Family and Children Services; 24--26. One member shall be appointed to each of these three posts by the governing authority of the City of Savannah for such term of office as such governing authority may desire during the five-year existence of such commission; 27--29. One member shall be appointed to each of these three posts by the governing authority of Chatham County for such term of office as such governing authority may desire during the five year existence of such commission; MONDAY, MARCH 5, 1990 1995 30. One member shall be a recovering substance abuser to be jointly nominated by the City of Savannah and Chatham County. (b) Each of the officials in Posts 1 through 14 and Posts 15 through 17 shall serve as a member of such commission during his or her respective term of office and each shall be succeeded as a member of such commission by his or her respective successor in office dur ing the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate, or improbable, for any reason or cause to serve on such commission, said official may designate a member to serve in his or her place on said commission. Posts 18 through 23 will fill their respective post as a condition of employment, or appointment, and if said member vacates his or her employment said re placement shall fill the vacancy. Section 5. Vacancies, (a) Any vacancy in the above-designated Posts 24 through 26 oc curring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the City of Savannah. (b) Any vacancy in the above-designated Posts 27 through 29 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the mem ber whose seat has been vacated by a person appointed by the governing authority of the County of Chatham. (c) Any vacancy in the above-designated Post 30 occurring by death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed jointly by the governing authorities of the City of Savannah and the County of Chatham. (d) Any vacancy in the above-designated Post 15 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the Chatham County Board of Education. Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commission. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the com mission and shall serve as its chief executive officer. For and during the absence, disqualifi cation, or disability of the chairman, the vice chairman shall serve as chairman. If the chair man's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office. Section 7. Meetings. The commission shall hold at least one regular meeting monthly at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the commission may deem meet and proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the com mission, such as quarterly, bimonthly, monthly, semimonthly, or weekly meetings or such other meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commis sion shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission present at any meeting may adjourn the meet ing from time to time until a quorum can be obtained. Notice of any adjourned meetings need only be given by announcement at the meeting at which the adjournment is taken. All 1996 JOURNAL OF THE SENATE resolutions adopted and all business transacted by the commission shall require the affirma tive vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meeting. Section 8. Operating budgets. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Savan nah, other municipalities, and the county of Chatham with each such entity contributing an equal amount to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1990. The commission shall make a written request to the City of Savannah, other municipalities, and the County of Chatham for operating funds pursuant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Savannah, City of Garden City, City of Pooler, City of Port Wentworth, City of Bloomingdale, City of Tybee Island, Town of Thunderbolt, and the County of Chatham on or before April 15, 1990, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Savannah, other municipalities, and the county of Chatham. In addition to any such annual contribution, the City of Savannah, other municipalities, and Chatham County are authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution. Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and man ner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion. Section 10. Purpose and authorizations. Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately reduce or eliminate, the unlawful use, consump tion, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said commission is authorized: (1) To work and cooperate with, and to seek the cooperation of, the City of Savannah, other municipalities within Chatham County, the county of Chatham, other municipalities of the State of Georgia and all other counties or political subdivisions of the State of Geor gia; the State of Georgia, including each of its departments, agencies, entities, or instrumen talities; and the United States of America, including each of its departments, agencies, enti ties, or instrumentalities, in the furtherance of the purpose of the commission; (2) To prepare, publish, and disseminate information in support of its purpose; (3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances; (4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations provided in this Act, to accomplish the above-stated purpose of the existence of such commission; (5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and (6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it. Section 11. Additional powers. The commission shall have the power: (1) To have a seal and alter the same at its pleasure; MONDAY, MARCH 5, 1990 1997 (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To enter into agreements with the City of Savannah, other municipalities, with the County of Chatham, or with any other political subdivision or municipal corporation of the state in the exercise of its charge; (4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes; (5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and func tions as provided for in this Act; (6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Savannah, other municipali ties within Chatham County, the County of Chatham, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, municipality, county, or political subdivision may require or impose; (7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness; (8) To exercise any power granted by the laws of the State of Georgia to private corpo rations which is not in conflict with the purposes of the commission; and (9) To do all things necessary or convenient to execute and carry out the powers ex pressly given and provided in this Act. Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assess ments of any city, county, or the state, or any political subdivision thereof. Section 13. Rules and regulations. It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission. Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Savan nah, other municipalities of Chatham County, or the County of Chatham. Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the Superior Court or State Court of Chatham County, and such courts shall have the exclu sive, original jurisdiction of any such actions. Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. Section 17. It shall be the duty of the commission to make an annual report of its findings and operations to the members of the General Assembly whose legislative districts are wholly or partially within Chatham County. Such reports shall be furnished to such members of the General Assembly by not later than December 31 of each year. Section 18. Liberal construction of this Act. This Act, being for the welfare of various 1998 JOURNAL OF THE SENATE municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes stated by this Act. Section 19. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent juris diction, the decision of such court shall not affect or impair any of the remaining provisions. Section 20. Rights, authority, or powers of other agencies. This Act does not in any way take from the State of Georgia, or any department, agency, or instrumentality thereof, the City of Savannah, other municipalities in Chatham County, or Chatham County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic. Section 21. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 22. General repealer. All laws and parts of law in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 3, 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 ^orawnennon BBruorutonn C1 Coleman Collins Dawkins Deal Dean Echols Edge Engram Fincher Foster Fuller HGialmlismill H,, arris Huggins Johnson Kennedy K;dd Land Langford McKenzie Olmstead Parker Perry Phillips Pollard RRaaygan of 32nd S0 cott o,f 02nd, Scott of 36th Starr Stumbaugh Tate Taylor Timmons Walker Those voting in the negative were Senators: Egan Newbill Tysinger Those not voting were Senators: English Garner Howard Peevy Ragan of 10th Shumake Turner On the passage of all the local bills, the yeas were 46, nays 3. MONDAY, MARCH 5, 1990 1999 All the bills on the Senate Local Consent Calendar, except SB 112, HB 1009 and HB 1835, having received the requisite constitutional majority, were passed. SB 112, HB 1009 and HB 1835, having received the requisite constitutional majority, were passed by substitute. SENATE RULES CALENDAR Monday, March 5, 1990 THIRTY-SEVENTH LEGISLATIVE DAY HB 1415 Bills with Fiscal Impact--date of actuarial investigations (Ret--24th) HB 1635 Trial Judges, Solicitors Retirement--delete provisions on mandatory retirement (Ret--24th) HB 1632 Superior Court Judges Retirement--delete mandatory retirement provisions (Judy--49th) HB 1798 Sheriff--use of prestige license plates (Substitute) (Pub S--31st) HB 1720 State Purchasing--sealed bids, certain purchases (Substitute) (Gov Op--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1446 Legislative Counsel--compile Georgia Laws (Substitute) (Judy--49th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1616 Juvenile Offenders--change detaining facilities for certain children (C&Y--18th) HB 1383 Certificate of Need--clarify certain home health agency service exempt from (Hum R--25th) HB 1957 Flush Toilets at Construction Sites, Events--regulate holding tanks (Nat R--20th) HB 256 Trust Property--"Transfers to Minors Act" (Amendment) (Judy--40th) HR 588 Emergency Management Rescue Specialist Killed on Duty--indemnification (Pub S--25th) HB 1323 Georgia Bureau of Investigation--provide state medical examiner Coro ners--change requirements (Amendment) (S Judy--48th) HB 1813 Insurance--private review agents for reviewing cost of health care services (Amendments) (Hum R--45th) HB 1807 Vessels on Certain Lakes--toilet with discharge unlawful (Nat R--29th) HB 1202 Fair Housing--revise discriminatory provisions (Amendment) (S Judy--43rd) HB 947 Radiation Control, Regulation--Department of Human Resources administer program (Hum R--43rd) HR 692 Joint Outpatient Drug Treatment Study Committee--create (Rules--31st) HB 1622 Commercial Vehicle Registration, Licensing--reciprocal agreement with other states, etc. (Pub S--1st) HB 1249 Geographic Positions in State--Georgia Coordinate System applicability (Nat R--20th) HB 1568 Used Car Dealers' Registration Act--redefine used car dealer (Pub S--15th) HB 1204 Crime Information Center--certain records available to county boards of regis trars (Judy--29th) HB 1513 State Personnel Sick Leave--use of accumulated leave (Gov Op--25th) HB 1397 Magistrate Proceeding--propounding of interrogatory to judgment debtor (S Judy--48th) HB 1139 Fines for Certain Criminal Offenses--additional penalties, bond (S Judy--52nd) 2000 JOURNAL OF THE SENATE HB 1654 Honey Labels--change penalty for mislabeling (Ag--21st) HB 1128 Insurance--provide additional class of insurance (Ins--55th) HB 1517 Education--repeal Article 13 on suspending, reopening systems (Ed--50th) HB 1629 Taxidermist--licensing requirements (Substitute) (Nat R--10th) HB 1567 Certain Ordinance Violations--increase fines (Amendment) (S Judy--52nd) HR 779 Glynn County--easement for certain beach area (Pub U--3rd) HB 1581 Sheriffs--deposit of cash bonds in interest-bearing accounts (Pub S--15th) HB 1466 Fradulent Insurance Acts--Insurance Commissioner investigate reports (Ins--12th) HB 1298 County Tax Receivers--duties (Gov Op--27th) HB 1456 Medical Records--representative of deceased may obtain (S Judy--52nd) HB 1228 Undefended Divorce--repeal provisions on District Attorney determining if grounds legal (Judy--15th) HB 1647 Tax Sales Under Execution--date of sheriff's sales (S Judy--45th) HB 502 Condominium Act--compliance with rules and regulations (Judy--29th) HB 1514 Atlanta Judicial Circuit Superior Court--provide chief judge (Judy--40th) HR 886 Joint Study Committee on State Officials' Compensation--create (Rules--31st) HB 1711 Taxable Net Income--one-time exclusions, certain Teachers Retirement contri butions (B&F--43rd) HR 684 Fulton County--easement for audio visual cable, state property (Pub U--41st) HB 1673 Officers for Protection of Railroad Property--residency requirements (Pub U--41st) HB 1763 Rapid Rail Passenger Service--Public Service Commission jurisdiction (Pub U--28th) HB 1740 Board of Funeral Service--termination date (Gov Op--25th) HB 1350 Bond Forfeitures--judgment null, void in certain cases (Substitute) (S Judy--48th) HB 1612 Motor Fuel Tax--agreement with other states on administration of tax (B&F--20th) HR 809 State Health Planning Agency--make report on acute care hospital needed (Hum R--28th) HB 1518 Education Partnership Act of 1990--provide (Ed--56th) HB 1630 Emergency Medical Technicians, Firemen, Etc. Indemnification--on duty re turning from emergencies (Pub S--15th) HR 912 Conference on Children of Cocaine and Substance Abuse--relative to establish ing (Substitute) (Rules--25th) HB 1610 Small Minority Business Development Corporation--$50,000 to commence (Gov Op--25th) HB 1553 Covenant Restricting Land to Certain Uses--extension provisions, certain coun ties (Gov Op--25th) HB 1492 Motor Vehicle Sale by Auction--sale of collateral (Amendment) (B&F--25th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee MONDAY, MARCH 5, 1990 2001 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1415. By Representatives Parrish of the 109th, Cummings of the 17th, Baker of the 51st and Clark of the 13th: A bill to amend Code Section 47-20-36 of the Official Code of Georgia Annotated, relating to reports of actuarial investigations on retirement bills having a fiscal impact, so as to change the date for the completion of such actuarial investigations. Senate Sponsor: Senator Pollard of the 24th. The following Certification, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Jimmy Hodge Timmons, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: February 16, 1990 SUBJECT: House Bill 1415 (LC 7 7617S) Public Retirement Systems Standards Law This bill amends the definition of "nonfiscal retirement bill" under the "Public Retire ment Systems Standards Law" and changes the dates for requesting and completing an actuarial investigation of a retirement bill having a fiscal impact. The bill provides that a retirement bill relating to mandatory retirement age and forfeiture of benefits in connection with mandatory retirement age is a nonfiscal bill. The bill also provides that a request for an actuarial study of a retirement bill must be submitted to the State Auditor by July 15 and that the results of the actuarial study must be submitted to the chairman of the committee requesting the actuarial study by November 1. This is to certify that this bill does not amend a retirement system law and therefore is not a retirement bill under the Public Retirement Systems Standards Law. Is/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Johnson 2002 JOURNAL OF THE SENATE Kennedy Kidd Land LMacnKgefonrzdie Newbill Olmstead Parker Peevy Perry Phillips PRoalglaanrdof 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr 0St, umb, augh, Tate Tysinger Walker Those not voting were Senators: Broun Egan Huggins Taylor Timmons Turner On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 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. The House substitute to SB 575 was as follows: A BILL To be entitled an Act to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide for exemptions for the Department of Agriculture or any other federal, state, and local departments or agencies and their employees, officials, and agents while in the performance of certain duties or the exercise of certain powers; to provide the penalties for such offenses; to provide for enforcement provisions; to provide that damages, punitive damages, court costs, and attorneys' fees may be recovered; to provide for injunc tions and restraining orders; to preserve other rights not specifically granted by said new article; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, is amended by designating Code Sections 4-11-1 through 4-11-16 as Arti cle 1 of said chapter; by striking the word "chapter" wherever such word appears in Code Sections 4-11-1 through 4-11-16 and inserting in lieu thereof the word "article"; and by inserting immediately following Code Section 4-11-16 a new Article 2 to read as follows: "ARTICLE 2 4-11-30. This article shall be known and may be cited as the 'Georgia Farm Animal and Research Facilities Protection Act.' MONDAY, MARCH 5, 1990 2003 4-11-31. As used in this article, the term: (1) 'Actor' means a person accused of any of the offenses defined in Code Section 4-1132. (2) 'Animal' means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not lim ited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. The term 'animal' shall not include any animal held primarily as a pet. (3) 'Animal facility' includes any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained. (4) 'Commissioner' means the Commissioner of Agriculture. (5) 'Consent' means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not: (A) Induced by force, threat, false pretenses, or fraud; (B) Given by a person the actor knows, or should have known, is not legally authorized to act for the owner; (C) Given by a person who by reason of youth, mental disease or defect, or intoxication is known, or should have been known, by the actor to be unable to make reasonable deci sions; or (D) Given solely to detect the commission of an offense. (6) 'Deprive' means unlawfully to withhold from the owner, interfere with the posses sion of, free, or dispose of an animal or other property. (7) 'Owner' means a person who has title to the property, lawful possession of the prop erty, or a greater right to possession of the property than the actor. (8) 'Person' means any individual, corporation, association, nonprofit corporation, jointstock company, firm, trust, partnership, two or more persons having a joint or common in terest, or other legal entity. (9) 'Possession' means actual care, custody, control, or management. (10) 'Property' means any real or personal property and shall include any document, record, research data, paper, or computer storage medium. (11) 'State' means the State of Georgia. 4-11-32. (a) A person commits an offense if, without the consent of the owner, the per son acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility. (b) A person commits an offense if, without the consent of the owner, the person dam ages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage or loss thereto exceeds $500.00. (c) (1) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is $500.00 or less or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person: (A) Had notice that the entry was forbidden; 2004 JOURNAL OF THE SENATE (B) Knew or should have known that the animal facility was or had closed to the public; or (C) Received notice to depart but failed to do so. (2) For purposes of this subsection 'notice' means: (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner; (B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or (C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden. (d) This Code section shall not apply to, affect, or otherwise prohibit actions taken by the Department of Agriculture, any other federal, state, or local department or agency, or any official, employee, or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation. 4-11-33. (a) A person convicted of any of the offenses defined in subsections (a) and (b) of Code Section 4-11-32 shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for a term not to exceed three years, or both. (b) Any person violating subsection (c) of Code Section 4-11-32 shall be guilty of a misdemeanor. 4-11-34. For purposes of enforcing the provisions of this article, the Commissioner: (1) May investigate any offense under this article; (2) May seek the assistance of any law enforcement agency of the United States, the state, or any local government in the conduct of such investigations; and (3) Shall coordinate such investigation, to the maximum extent practicable, with the investigations of any law enforcement agency of the United States, the state, or any local government. 4-11-35. (a) Any person who has been damaged by reason of a violation of this article may recover all actual and consequential damages, punitive damages, and court costs, in cluding reasonable attorneys' fees, from the person causing such damage. (b) In addition to the remedies provided in this article or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, any person who has been damaged by reason of a violation of this article is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or a temporary re straining order restraining or enjoining any person from violating or continuing to violate this article. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwith standing the pendency of any criminal prosecution for the same violation. (c) Nothing in this article shall be construed to limit the exercise of any other rights arising out of or relating to a violation of this article." 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 575. On the motion, a roll call was taken, and the vote was as follows: MONDAY, MARCH 5, 1990 2005 Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannn nBQIurton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis H,,Haamrrims ill Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Those not voting were Senators: Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th RDRaaygBan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Tysinger Walker Parker Scott of 2nd Timmons Turner On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 575. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1381. By Representative Kingston of the 125th: A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for riling certain intangible property tax returns or other documents. Senator Albert of the 23rd moved that the Senate insist upon the Senate amendment to HB 1381. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1381. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1635. By Representative Parrish of the 109th: A bill to amend Code Section 47-10-100 of the Official Code of Georgia Anno tated, relating to retirement age and benefits under the "Trial Judges and Solici tors Retirement Fund Act," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith. Senate Sponsor: Senator Pollard of the 24th. 2006 JOURNAL OF THE SENATE 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 Larry J. Parrish State Representative FROM: G. W. Hogan, State Auditor DATE: January 29, 1990 SUBJECT: House Bill 1635 (LC 7 7627) Trial Judges and Solicitors Retirement Fund This bill deletes provisions relative to mandatory retirement age and forfeiture of bene fits as they relate to the mandatory retirement age of members of the Trial Judges and Solicitors Retirement Fund. It provides that there shall be no mandatory retirement age under the Trial Judges and Solicitors Retirement Fund. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval. The House Retirement Committee's Substitute House Bill 1415 (LC 7 7617S) includes provisions to amend the "Public Retirement Systems Standards Law" to provide that a retirement bill relating to mandatory retirement age and forfeiture of benefits in connection with mandatory retirement age is a nonfiscal bill. Based on HB 1415 (LC 7 7617S) becoming law prior to this bill (LC 7 7627), this is to certify that this bill (LC 7 7627) is a nonfiscal retirement bill as defined in the "Public Retirement Systems Standards Law" as amended by HB 1415 (LC 7 7617S). /a/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen rannon nBC1ur"tonn Collins Dawkins Deal Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis HTHTuargrgism s Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th RnRaagyan of 32nd Scott of 36th Shumake Starr Stumbaugh Tate Tysinger Walker Voting in the negative was Senator Barker. MONDAY, MARCH 5, 1990 2007 Those not voting were Senators: Coleman Pincher Hammill Howard McKenzie Scott of 2nd Taylor Timmons Turner On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Coleman of the 1st introduced officials of Savannah's St. Patrick's Day Parade and Bob Reardon, Grand Marshal, briefly addressed the Senate. Senator Coleman of the 1st also introduced Honorable Lindsay Thomas, United States Representative from Georgia's 1st District in Congress, who briefly addressed the Senate. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 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. Senate Sponsor: Senator Deal of the 49th. 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 Denmark Groover, Jr. State Representative FROM: G. W. Hogan, State Auditor DATE: January 25, 1990 SUBJECT: House Bill 1632 (LC 7 7613) Superior Court Judges Retirement System This bill deletes provisions relative to mandatory retirement age and forfeiture of bene fits as they relate to the mandatory retirement age of members of the Superior Court Judges Retirement System. It provides that there shall be no mandatory retirement age under the Superior Court Judges Retirement System. If enacted, this bill would become effective upon the Governor's approval or upon becoming law without such approval. The House Retirement Committee's Substitute, House Bill 1415 (LC 7 7617S) includes provisions to amend the "Public Retirement Systems Standards Law" to provide that a retirement bill relating to mandatory retirement age and forfeiture of benefits in connection with mandatory retirement age is a nonfiscal bill. Based on HB 1415 (LC 7 7617S) becoming law prior to this Bill (LC 7 7613), this is to certify that this Bill (LC 7 7613) is a nonfiscal 2008 JOURNAL OF THE SENATE retirement bill as defined in the "Public Retirement Systems Standards Law" as amended by HB 1415 (LC 7 7617S). /s/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Brannon ^roun BCluaryton Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner Harris Huggins Jhnsn KKiedndnedy Land Langford Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd j^av Scott of 2nd Scott of 36th S,,,terr Stumbaugh Tate Taylor Timmons Tysinger Walker Voting in the negative were Senators Barker and Collins. Those not voting were Senators: Coleman Egan Fuller Gillis Hammill Howard McKenzie Parker Shumake Turner On the passage of the bill, the yeas were 44, nays 2. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Dean of the 31st. The Senate Committee on Public Safety offered the following substitute to HB 1798: A BILL To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to authorize the quarterly installment purchase of license plates where the tag fee exceeds $40.00; to provide that a sheriff may choose to use his sheriff's distinctive license plate on his law enforcement MONDAY, MARCH 5, 1990 2009 or sheriffs vehicle; to provide for related matters; to provide effective dates; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new paragraph (4) of subsection (a) of Code Section 40-2-30, relating to issuance of license plates, to read as follows: "(4) When the fee prescribed for a license plate or revalidation decal exceeds $40.00, a tag agent shall be authorized to accept the application of the owner for the purchase of a license plate or revalidation decal if the application is accompanied by not less than 25 percent of the prescribed fee and a surety bond written by a surety company authorized to do business in this state, payable to the commissioner, or, in lieu thereof, if the owner of such vehicle has a corporate net worth in excess of $1 million as evidenced by a financial statement prepared by a certified public accountant, an irrevocable letter of credit from a financial institution, approved and accepted by the commissioner, in an amount equal to the unpaid balance of the prescribed fee and conditioned upon the payment of such balance in three equal installments on or before the first day of July, September, and December, re spectively, of the calendar year in which the license plate or revalidation decal is applied for. This paragraph shall be applicable only to license plates and revalidation decals purchased in calendar year 1990 and shall expire and be repealed in its entirety December 31, 1990.". Section 2. Said chapter is further amended by striking Code Section 40-2-62, relating to special license plates for sheriffs, in its entirety and inserting in lieu thereof a new Code Section 40-2-62 to read as follows: "40-2-62. On or before December 31 of each year, the commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle, however a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement vehicle or sheriffs vehicle." Section 3. Section 1 of this Act shall become effective upon the Governor's approval or upon it becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Burton Clay Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy 2010 JOURNAL OF THE SENATE Kidd Land Langford Olmstead6 Peevy Perry Phillips Pollard Ragan of 1Qth Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Tysinger Those not voting were Senators: Broun Coleman Collins Johnson Newbill Parker Shumake Timmons Turner Walker On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, having been read the third time and final ac tion suspended on March 1, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part I of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. Senate Sponsor: Senator Kidd of the 25th. The substitute to HB 1720 offered by Senators Olmstead of the 26th and Kidd of the 25th, as it appears in the Journal of March 1, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 31, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Bowen Brannon Broun Clay Coleman Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Gillis Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy MONDAY, MARCH 5, 1990 2011 Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake starr Stumbaugh Tate Taylor Timmons Tysinger Voting in the negative were Senators Baldwin and Collins. Those not voting were Senators: Albert Barker Burton Garner Hammill Harris McKenzie Pollard Scott of 2nd Turner Walker On the passage of the bill, the yeas were 43, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, having been read the third time and final ac tion suspended on March 1, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th: A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws. Senate Sponsor: Senator Deal of the 49th. The substitute to HB 1446 offered by Senators Deal of the 49th and Starr of the 44th on March 1, as it appears in the Journal of March 1, was automatically reconsidered and put upon its adoption. 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, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan English Engram Fincher Foster 2012 JOURNAL OF THE SENATE Fuller Garner Gillis Harris Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Dean Hammill Howard Olmstead Pollard Scott of 2nd Shumake Turner On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1608. By Representatives Bishop of the 94th and Randall of the 101st: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipali ties and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees. Senator Parker of the 15th moved that the Senate insist upon the Senate substitute to HB 1608. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1608. The following bill of the House was taken up for the purpose of considering the Confer ence Committee report 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". The Conference Committee report on HB 1180 was as follows: The Committee of Conference on HB 1180 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1180 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Gary Parker Senator, 15th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Dick Lane Representative, 27th District MONDAY, MARCH 5, 1990 2013 1st Pierre Howard Senator, 42nd District /s/ Lawrence Stumbaugh Senator, 55th District /s/ Henry Bostick Representative, 138th District /s/ Jerry D. Jackson Representative, 9th District Conference Committee substitute to HB 1180: A BILL To be entitled an Act to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to change the defi nition of the term "passenger vehicle" in connection with the requirement for the use of safety belts in passenger vehicles; to provide that it shall be unlawful for any person under 18 years of age to ride as a passenger in the uncovered bed of a pickup truck on an inter state highway; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by striking subsection (a) of Code Section 40-8-76.1, relating to the use of safety belts in passenger vehicles, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) As used in this Code section, the term 'passenger vehicle' means every motor vehi cle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for offroad use." Section 2. Said chapter is further amended by adding immediately following Code Sec tion 40-8-78 a new Code Section 40-8-79 to read as follows: "40-8-79. It shall be unlawful for any person under the age of 18 to ride as a passenger in the uncovered bed of a pickup truck on any interstate highway in this state. The driver of any vehicle in violation of this Code section shall be guilty of a misdemeanor." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on HB 1180. 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 B arnes ?owen ^Broanun"on Burton Ql Collins Dawkins Deal Dean Edge Egan English Engram Fincher Foster Fuller G,,illis Hams Howard Huggins Johnson Kennedy Kidd Langford McKenzie Newbill Olmstead Parker Perry Ragan of 10th RDagan of 32nd Ray Scott of 36th Starr Stumbaugh Taylor Tysinger Walker 2014 JOURNAL OF THE SENATE Voting in the negative was Senator Peevy. Those not voting were Senators: Coleman Echols Garner Hammill Land Phillips Pollard Scott of 2nd Shumake Tate Timmons Turner On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1180. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Barker of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker B*"168 B_B,orawnennon Clay Collins Dawkins Deal Dean Egan English Engrain Fincher Foster Fuller Garner GHTTialmlismi.l,l, Hd Huggins Johnson Kennedy Kidd McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of I0th !Ko),,a,,g,,an, ^oet oVzJn^Aa of 36th Stumbaugh Taylor Timmons Tysinger Walker Those not voting were Senators: Coleman Echols Edge Land Langford Phillips Scott of 2nd Shumake Turner On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, MARCH 5, 1990 2015 The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 570. By Senators Scott of the 2nd, Langford of the 35th and Albert of the 23rd: 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. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1383. By Representatives Green of the 106th, Childers of the 15th, Ricketson of the 82nd and others: A bill to amend Article 7 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health care agencies, so as to change a certain term; to clarify the scope of home health agency service areas which are exempt from a certificate of need. 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 Brannon Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Bowen Broun Echols Fuller Garner McKenzie Phillips Turner 2016 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. HB 1957. By Representative Dobbs of the 74th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for the collection and disposal of sewage from flush toilets used at construction sites and special events. Senate Sponsor: Senator Gillis of the 20th. Senator Kidd of the 25th offered the following amendment: Amend HB 1957 by adding in the title on line 3 of page 1, between the word "as" and the word "to", the following: "to limit the amount of green fees and cart rental fees which can be charged to certain contestants in golf tournaments conducted by certain organizations or groups on golf courses owned or operated by a department, agency, or authority of this state;". By striking lines 18 and 19 on page 1, which read as follows: "resources, is amended by adding at the end thereof a new Chapter 15, to read as follows:", and inserting in lieu thereof the following: "resources, is amended by adding between Code Section 12-3-9.1 and 12-3-10 a new Code Section 12-3-9.2 to read as follows: '12-3-9.2. Notwithstanding any other provisions of law to the contrary, when any organ ization or group conducts a golf tournament with 24 or more contestants, each of whom is 55 years of age or older, on a golf course owned or operated by a department, agency, or au thority of this state, the green fee and gas or electric cart rental fee combined for each member of the group shall not exceed $12.50.' Section 2. Said title is further amended by adding at the end thereof a new Chapter 15 to read as follows:". By renumbering Section 2 on lines 13 and 14 on page 5 as Section 3. Senator Kidd of the 25th asked unanimous consent to withdraw the amendment, and the consent was granted. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the 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 Land MONDAY, MARCH 5, 1990 2017 Langford McKenzie Ohnstead Perry Pollard Ragan of 10th Ragan of 32nd ^ay Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Tysinger Walker Those not voting were Senators: Fincher Garner Howard Parker Peevy Phillips Shumake Starr Timmons Turner On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 600 was as follows: A BILL To be entitled an Act 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 any county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner, where the office has re placed the tax receiver and tax collector, any member of any board of commissioners, and any mayor or member of any municipal governing authority shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecoming the office, demanding excessive costs, or misfeasance or malfeasance in office; to provide practices and procedures for serving any such accused public officer holding office or formerly holding office with a copy of the indictment to be presented to the grand jury; to provide procedures and limita tions relative to the appearance of the accused public officer and his counsel before the grand jury; to provide for the accused to make sworn statements to the grand jury and to be present during presentation of evidence and statements on the proposed indictment to the grand jury; to prohibit the presence of the accused public officer and his counsel in the grand jury room following presentation of all evidence pertaining to the indictment; to pro vide for trial by jury of the accused public official upon return of a true bill by the grand jury; to provide for punishment and removal of the accused from office upon conviction for any such offense; to provide for other matters relative to the foregoing; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by striking 2018 JOURNAL OF THE SENATE Code Section 45-11-4, relating to malpractice, partiality, and conduct unbecoming the office and appearance of public officers and officials before grand juries, and inserting in lieu thereof a new Code Section 45-11-4 to read as follows: "45-11-4. Any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner, where the office has replaced the tax receiver and tax collector, any member of any board of commissioners, or any mayor or member of any municipal governing authority, presently or formerly holding such office, who shall be charged with malpractice, misfeasance, or malfeasance in office; or with using oppression or tyrannical partiality in the administration or under the color of his office; or, when required by law, with willfully refusing or failing to preside in or hold his court at the regular terms thereof, or when it is his duty under the law to do so; or with using any other deliberate or illegal means to delay or avoid the due course or proceeding of law; or with any other illegal conduct in the performance or administration of the office which is unbecoming the character of a public officer; or who shall willfully and knowingly demand more cost than he is entitled to by law in the administration and under color of his office may be indicted. The indictment shall specially set forth the merits of the complaint against the accused public officer. A copy of the indictment shall be served on the accused public officer at least 15 days before it is presented to the grand jury. The accused shall have the right to appear before the grand jury to make such sworn statement as he shall desire at the conclusion of the presentation of the state's evidence. The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his counsel to examine the state's witnesses. The accused and his counsel shall have the right to be present during the presentation of all evidence and alleged statements of the accused on the proposed indictment, presentment, or accusation, after which he and his counsel shall retire instanter from the grand jury room to permit the grand jury to deliber ate upon the indictment. If a true bill is returned by the grand jury, the indictment shall, as in other cases, be published in open court and shall be placed on the superior court criminal docket of cases to be tried by a petit jury. If the accused is convicted, he shall be punished by a fine or by imprisonment, or both, at the discretion of the court; and, if still in office, he shall be removed from office." 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 Pollard of the 24th moved that the Senate agree to the House substitute to SB 600. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor MONDAY, MARCH 5, 1990 2019 Timmons Tysinger Walker Voting in the negative was Senator Newbill. Those not voting were Senators: Foster Fuller Kennedy (presiding) Parker Shumake Starr Turner On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 600. Senator Olmstead of the 26th introduced the doctor of the day, Dr. Fred Rankin, of Macon, Georgia. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitutes to the following bills of the House: HB 1173. By Representatives Lane of the 27th and Selman of the 32nd: A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System. HB 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. The House has disagreed to the Senate amendments to the following bills of the House: HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment. HB 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 1634. By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th, Lawrence of the 49th, Richardson of the 52nd and others: A bill to provide for the determination of the millage rate by the governing au thorities of DeKalb County and the DeKalb County School District; to provide 2020 JOURNAL OF THE SENATE for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County. The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House: HB 1381. By Representative Kingston of the 125th: A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents. The Speaker has appointed on the part of the House, Representatives Kingston of the 125th, Birdsong of the 104th and Aaron of the 56th. The House insists on its position in substituting the following resolution of the Senate: SR 116. By Senators Parker of the 15th, Scott of the 2nd and Deal of the 49th: A resolution proposing an amendment to Article II, Section II, of the Constitu tion, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Egan of the 40th. The Senate Committee on Judiciary offered the following amendment: Amend HB 256 by striking lines 21 and 22 of page 7 and inserting in lieu thereof the following: "minor under this Code section, in the aggregate exceeds $10,000.00 in value." By striking lines 32 through 34 of page 7 and lines 1 through 4 of page 8 and inserting in lieu thereof the following: "transfer must be made to the custodian so designated." By striking lines 11 through 20 of page 8 and inserting in lieu thereof the following: "the benefit of the minor if a guardian appointed for such minor considers the transfer to be in the best interest of the minor and, on petition brought by the minor's guardian, the transfer is authorized by the court as in the best interest of the minor." On the adoption of the amendment, the yeas were 31, nays 1, and the amendment was adopted. MONDAY, MARCH 5, 1990 2021 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 ^rannon Burton CCloalyeman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster garner Gillis HHaamrrims ill Howard Huggins Johnson Land Langford McKenzie Newbill Peevy Perry Phillips Pollard R f 32nd R "ScaoJtL* *, ,2nd,u Scott of 36th Stumbaugh Tate Timmons Tysinger Walker Those not voting were Senators: Bowen Broun Fuller Kennedy (presiding) Kidd Olmstead Parker Ragan of 10th Shumake Starr Taylor Turner On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th: A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility. The House amendment was as follows: Amend SB 28 by striking from lines 9 through 12 on page 1 the following: ", to thereby authorize membership in said fund for juvenile probation officers and staff of juvenile detention centers provided as a service to courts by the Department of Human Resources,". By adding at the end of line 22 of page 2 the word "and". By striking all matter appearing in lines 23 through 27 on page 2. By striking from line 28 on page 2 the following: "(iii)", 2022 JOURNAL OF THE SENATE and inserting in lieu thereof the following: "(ii)". The following Certification, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 RETIREMENT CERTIFICATION TO: The Honorable Butch Parrish State Representative FROM: G. W. Hogan, State Auditor DATE: February 13, 1990 SUBJECT: Senate Bill 28 (LC 7 7433S) As Amended (AM 7 0026) Peace Officers' Annuity and Benefit Fund This bill would allow certain Department of Human Resources (DHR) employees and Georgia Bureau of Investigation (GBI) employees to become members of the Peace Officers' Annuity and Benefit Fund, DHR employees responsible for the investigation and apprehen sion of delinquent and unruly children (who have escaped from an institution or facility or have broken the conditions of their supervision) would be eligible to become members of the Fund. Narcotics agents retained by the director of the GBI would also be eligible to become members of the Fund. If enacted, this bill would become effective July 1,1990, provided it is determined to have been concurrently funded as provided in the Public Retirement Systems Standards Law. This is to certify that the change made in this amendment (deleting membership for juvenile probation officers and staff of juvenile detention centers) is a cost reduction amend ment to Senate Bill 28 (LC 7 7433S). Is/ G. W. Hogan State Auditor Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 28. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Brannon Broun Burton CCloalyeman Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hamnull HHoarwriasrd Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd R |^coytt o,f 02nd. Scott of 36th Shumake Stumbaugh Tate Timmons Tysinger Walker MONDAY, MARCH 5, 1990 2023 Those not voting were Senators: Baldwin Bowen Collins Kennedy (presiding) McKenzie Parker Starr Taylor Turner On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 28. The following resolution of the Senate was taken up for the purpose of considering the House action thereon: SR 116. By Senators Parker of the 15th, Scott of the 2nd, Deal of the 49th and others: A resolution proposing an amendment to Article II, Section II, of the Constitu tion, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection. Senator Parker of the 15th moved that the Senate recede from its disagreement to the House substitute to SR 116 and agree to the House substitute to SR 116. 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 ^roun Burton Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris oward Huggms Johnson Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of i0th j^ of 32nd j^a Scott of 2nd ,, . ,,, Scott of 36th bhumake Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Bowen Brannon Coleman Kennedy (presiding) Starr Turner On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House substitute to SR 116 and agreed to the House substitute to SR 116. 2024 JOURNAL OF THE SENATE The following general resolution and bill of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HR 588. By Representatives Birdsong of the 104th and Moody of the 153rd: Senate Sponsor: Senator Kidd of the 25th. 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 res cue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991; 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 VI of the Constitution is amended by strik ing subparagraph (d) thereof, which reads as follows: "(d) The General Assembly may provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or perma nently disabled in the line of duty on or after January 1, 1987.", in its entirety and substituting in lieu thereof a new subparagraph (d) to read as follows: "(d) The General Assembly may provide by law for indemnification with respect to licensed emergency management rescue specialists who are or have been killed or perma nently disabled in the line of duty on or after January 1, 1991, and publicly employed emer gency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987." 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 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?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge MONDAY, MARCH 5, 1990 2025 Egan English Engram Fincher lTM?t FGualrlneer r Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McK1f"zie NOelmwsbtiellad Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake S,,,tumb, augh, Tate Tavlor Timmons Tysinger Walker Those not voting were Senators: Brannon Coleman Kennedy (presiding) Phillips Starr Turner On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. 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. Senate Sponsor: Senator Peevy of the 48th. The Senate Committee on Special Judiciary offered the following amendment: Amend HB 1323 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following: "To amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so". By striking lines 7 through 32 of page 3 and lines 1 through 32 of page 4 and inserting in lieu thereof the following: "Section 1. Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, is amended by adding at the end of said chapter a new Article 6 to read as follows: 'ARTICLE 6 45-13-100. (a) There is created the office of state medical examiner, and, as used in this article, the term "office" shall mean the office of state medical examiner. The office of state medical examiner is assigned to the office of the Secretary of State for administrative pur poses only. No person may be a state medical examiner unless that person at the time of appointment: (1) Is a pathologist certified in forensic pathology by the American Board of Pathology; and (2) Has at least three years of full-time experience as a medical examiner. 2026 JOURNAL OF THE SENATE (b) The state medical examiner shall be appointed by the Governor from a list of three candidates to be submitted by the Medical Examiner Advisory Commission and shall have the following duties: (1) To establish death investigation regions throughout the state and establish policy concerning the requirements for appointment of, and operation policy of, regional medical examiners to oversee death investigation activities in each established region; (2) To appoint regional medical examiners; (3) To appoint local medical examiners after consulting with local county officials; (4) To appoint forensic consultants; (5) To organize and conduct regular educational sessions for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy; (6) To maintain permanent death investigation records for all jurisdictions in the state; (7) To establish death investigation policies and guidelines for coroners and medical examiners; (8) To cooperate with other state agencies, as appropriate, to ensure public health and safety; and (9) To remove local medical examiners, regional medical examiners, and forensic con sultants from appointment, upon approval by the Governor. (c) The office of state medical examiner shall be a budget unit as defined in paragragh (8) of Code Section 45-12-71; provided, however, that the office shall be assigned for admin istrative purposes only to the office of Secretary of State. (d) The first state medical examiner shall be appointed on or before July 1, 1990. Dur ing any vacancy in the position of state medical examiner after that date, the Governor shall, with the advice and consent of the Medical Examiner Advisory Commission, immedi ately appoint a forensic pathologist currently serving as a medical examiner in Georgia as the acting state medical examiner to serve until appointment of a state medical examiner. (e) There is created the Medical Examiner Advisory Commission consisting of the fol lowing individuals: (1) The commissioner of human resources; (2) A district attorney; (3) A defense attorney," By striking lines 12 through 14 of page 5 and inserting in lieu thereof the following: "(f) The commissioner of human resources shall be an ex officio voting member of the commission and shall serve while holding his state office. The two licensed physicians shall be appointed by the Governor. All other members". By redesignating subsections (f) through (i) on page 6 as subsections (g) through (j). By striking from lines 26 through 28 of page 6 and inserting in lieu thereof the following: "(k) The Medical Examiner Advisory Commission shall recommend to the Governor three candidates for appointment as the state medical examiner, and the Governor shall appoint one of the three candidates as the state medical examiner.'" By striking line 8 of page 12 and inserting in lieu thereof the following: "45-13-100." MONDAY, MARCH 5, 1990 2027 By striking line 7 of page 36 and inserting in lieu thereof the following: "such approval. The office of state medical examiner shall be established only upon funding by the General Assembly. The remaining provisions of this Act shall". Senator Johnson of the 47th offered the following amendment: Amend the amendment offered by the Senate Committee on Special Judiciary to HB 1323 by inserting immediately after the period on line 15 of page 4 and before the word "The" the following: "In the event that the office of state medical examiner has not been funded, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation shall be authorized to perform all duties of the state medical examiner until such office is funded." Senator Johnson of the 47th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Johnson of the 47th to the amendment offered by the Senate Committee on Special Judiciary to HB 1323 was withdrawn. Senator Peevy of the 48th offered the following amendment: Amend the amendment offered by the Senate Committee on Special Judiciary by ad ding between lines 7 and 8 on page 1 the following: "By adding on line 4 of page 3 between the second semicolon and the word "to" the following: 'to provide that a certain office shall be established only upon funding; to provide for certain appointments if such office is not funded;'". By adding following line 16 on page 4 the following: "By adding between lines 8 and 9 of page 36 a new Section 7 to read as follows: 'Section 7. In the event that this Act becomes law and funds have not been appropri ated by the General Assembly for the office of the state medical examiner, then until such funds are appropriated, the director of the division shall authorize one or more licensed physicians or pathologist at convenient locations throughout the state to act as medical ex aminers in performing post-morten examinations or autopsies. The director of the division shall confer with local county officials in making such appointments.' By redesignating Section 7 on line 9 of page 36 as Section 8." On the adoption of the amendment offered by Senator Peevy of the 48th, Senator Brannon of the 51st 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 Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill 2028 JOURNAL OF THE SENATE 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 Tysinger Walker Voting in the negative was Senator Allgood. Those not voting were Senators: Coleman Kennedy (presiding) Turner On the adoption of the amendment, the yeas were 52, nays 1, and the amendment of fered by Senator Peevy of the 48th to the amendment offered by the Senate Committee on Special Judiciary to HB 1323 was adopted. On the adoption of the amendment offered by the Senate Committee on Special Judici ary, Senator Brannon of the 51st 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 Barker Barnes Burton Clay Dawkins Deal Echols Edge Egan Engram Foster Howard Land Langford Newbill Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Stumbaugh Tate Taylor Tysinger Walker Those voting in the negative were Senators: Baldwin Bowen Brannon Broun Collins Dean English Fincher Fuller Garner Gillis Hammill Harris Huggins Johnson Kidd McKenzie Olmstead Perry Ray Scott of 2nd Shumake Starr Timmons Those not voting were Senators: Coleman Kennedy (presiding) Turner On the adoption of the amendment, the yeas were 29, nays 24, and the amendment offered by the Senate Committee on Special Judiciary to HB 1323 was adopted as amended. Senator Brannon of the 51st moved that the Senate reconsider its action in adopting the amendment offered by the Senate Committee on Special Judiciary to HB 1323 as amended. MONDAY, MARCH 5, 1990 2029 On the motion, the yeas were 32, nays 20; the motion prevailed, and the amendment offered by the Senate Committee on Special Judiciary, as amended, was reconsidered. On the adoption of the amendment offered by the Senate Committee on Special Judici ary, 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 Barker Barnes Burton Clay Dawkins Deal Edge Egan Engram Foster Howard Land Langford Newbill Parker Peevy Phillips Ragan of 10th Ragan of 32nd Scott of 36th Stumbaugh Tate Taylor Tysinger Walker Those voting in the negative were Senators: Baldwin Bowen Brannon Broun CCoollleimnsan Dean Echols English Fincher Fuller Garner Gillis HHaamrrims ill Huggins Johnson Kidd McKenzie Olmstead Perry P S_ cott f 2nd, Shumake Starr Timmons Those not voting were Senators: Kennedy (presiding) Pollard Turner On the adoption of the amendment, the yeas were 27, nays 26, and the amendment was adopted as amended. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th 2030 JOURNAL OF THE SENATE Shumake Stumbaugh Tate Taylor Timmons Tysinger Walker Those voting in the negative were Senators: English Gillis Kidd Ray Olmstead Starr Those not voting were Senators: Echols Kennedy (presiding) Pollard Turner On the passage of the bill, the yeas were 46, nays 6. The bill, having received the requisite constitutional majority, was passed as amended. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:36 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 bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1813. By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state. Senate Sponsor: Senator Dawkins of the 45th. The Senate Committee on Human Resources offered the following amendment: Amend HB 1813 by adding after the period on line 20 of page 5 the following: "No individual conducting utilization review shall require certification if such utiliza tion review is performed within the scope of such person's employment with an entity al ready certified pursuant to this Code section.". On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted. The Senate Committee on Human Resources offered the following amendment: Amend HB 1813 by adding before the semicolon on line 5 of page 6 the following: "and other health care protocols, including reconsideration and appeal processes as well as other relevant health care issues used in the private review program, shall be established with input from the state examining board that licenses, pursuant to Title 43, the health care provider whose health care services are subject to utilization review and shall be made available upon request of health care providers' ". On the adoption of the amendment, the yeas were 0, nays 29, and the amendment was lost. MONDAY, MARCH 5, 1990 2031 Senator Dawkins of the 45th offered the following amendment: Amend HB 1813 by striking line 5 of page 6 and inserting in lieu thereof the following: "request of health care providers; or protocols, including reconsideration and appeal processes as well as other relevant health care issues used in the private review program, shall be established based on input from persons who are licensed in the appropriate health care provider's specialty recognized by a licensure agency of such a health care provider;". By striking lines 12 through 15 of page 9 and inserting in lieu thereof the following: "(4) (A) Establishes and maintains a complaint system which has been approved by the Commissioner and which provides reasonable procedures for the resolution of written com plaints initiated by enrollees or health care providers concerning utilization review; (B) Maintains records of such written complaints for five years from the time the com plaints are filed and submits to the Commissioner a summary report at such times and in such format as the Commissioner may require; and (C) Permits the Commissioner to examine the complaints at any time." By striking lines 13 through 18 of page 10 and inserting in lieu thereof the following: "(b) This chapter shall not apply to any private review agent when such private review agent is working under contract, or an extension or renewal thereof, with a licensed insurer operating under an agreement, providing administrative services pursuant to the provisions of subsection (b) of Code Section 33-20-17 to a health care benefit plan negotiated through collective bargaining as that term is defined in the federal National Labor Relations Act, as amended, if the original agreement was executed and in effect prior to January 1, 1990." By striking lines 31 and 32 of page 10 and inserting in lieu thereof the following: "Section 2. This Act shall become effective January 1, 1991, if funds have been appro priated prior to such date to fund the provisions of this Act. If such funds have not been appropriated prior to January 1, 1991, this Act shall become effective on the effective date of an Act which appropriates funds to implement this Act." On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes ^BClruaaryntonnon CDoalwliknisns Deal Dean Echols Edge English Engram Fincher Foster HGuiol11lw1liesarrd JHouhgngsionns Kennedy Kidd McKenzie Newbill Olmstead Parker Perry Phillips R^oaaggaann ofef 31Q200 nthd, ^ Scott of 2nd Tate Taylor Turner Walker 2032 JOURNAL OF THE SENATE Those not voting were Senators: Albert Bowen Broun Coleman Egan Garner Hammill Harris Land Langford Peevy Pollard Scott of 36th Shumake Starr Stumbaugh Timmons Tysinger On the passage of the bill, the yeas were 38, 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 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. The House substitute to SB 440 was as follows: A BILL To be entitled an Act 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; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, is amended by striking that Code section and inserting in its place a new Code section to read as follows: "20-2-290. The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdic tion. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and stan dards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Qual ity Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisci plinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include instruction in foreign language as an option for students who have scored at or above the 60th percentile on a nationally normed test of reading achievement administered within the previous or current school year as one of the language arts which are required to meet the eligibility requirements for such grants. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time princi pal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall MONDAY, MARCH 5, 1990 2033 not be eligible for the middle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for middle school grants if through their contractual arrange ment they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the full-time equivalent count for the middle grades program in qualified middle schools." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 440. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon BCluaryton Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster FGuilllliesr Howard Huggins Johnson Kennedy Kidd McKenzie Newbill Olmstead Parker Perry ,, , Raaggaann o!f Rav Tate Taylor Turner Walker Those not voting were Senators: Bowen Broun Coleman Garner Hammill Harris Land Langford Peevy Phillips Pollard Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Timmons Tysinger On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 440. The following general bill of the House was taken up for the purpose of considering the House action thereon: 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. Senate Sponsor: Senator Garner of the 30th. Senator Echols of the 6th moved that the Senate insist upon the Senate amendment to HB 1412. 2034 JOURNAL OF THE SENATE On the motion, the yeas were 28, nays 6; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1412. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1807. By Representatives Milam of the 81st, Alford of the 57th, Davis of the 72nd and Bishop of the 94th: A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to float a vessel on certain lakes with a toilet that is not designed for no discharge and to fail to display a certificate of compliance; to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Boat Safety Act," so as to expand the definition of "protected fresh waters". Senate Sponsor: Senator Baldwin of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Howard Huggins Kennedy Kidd Land McKenzie Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Tate Turner Tysinger Those not voting were Senators: Barker Bowen Dawkins English Harris Johnson Langford Olmstead Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Walker On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, MARCH 5, 1990 2035 The following bill of the Senate was taken up for the purpose of considering the House amendments thereto: 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. The House amendments were as follows: Amendment No. 1: Amend SB 570 by deleting on page 1, line 10, the word "an", and by deleting on page 1, line 11, the word "office" and inserting in lieu thereof the word "registered agent". Amendment No 2: Amend SB 570 by striking line 27 of page 16 and inserting in lieu thereof the following: "maintain in this state a registered agent of record, which". Amendment No. 3: Amend SB 570 by adding in the title at the end of line 9 on page 1 the following: "provide that no carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants ap proved by the Department of Labor, whichever is greater; to". By adding on line 23 of page 12 between the word "inspected" and the word "by" the following: "annually and may be inspected more frequently". By striking from line 24 of page 12 the following: "each time they are assembled", and inserting in lieu thereof the following: "at the owner's or operator's expense". By adding on line 26 of page 13 between the period and the word "No" the following: "(a)". By adding between lines 30 and 31 on page 13 the following: "(b) No carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the department, whichever is greater." Senator Scott of the 2nd moved that the Senate agree to the House amendments to SB 570. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Brannon Burton Clay Coleman Collins Dawkins Deal Dean 2036 JOURNAL OF THE SENATE Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill Howard Huggins Kennedy Kidd Land Langford McKenzie Newbill Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Barker Bowen Broun Garner Harris Johnson Olmstead Phillips Scott of 36th Starr Timmons On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 570. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1634. By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th and others: A bill to provide for the determination of the millage rate by the governing au thorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County. Senator Tysinger of the 41st moved that the Senate recede from the Senate amendment to HB 1634. Senator Walker of the 43rd moved that the Senate insist upon the Senate amendment to HB 1634. On the motion offered by Senator Walker of the 43rd, which motion takes precedence, Senator Walker of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Allgood English Fuller Gillis Hammill Johnson Kennedy Kidd McKenzie Parker Peevy Pollard Ray Shumake Tate Taylor Turner Walker Those voting in the negative were Senators: Albert Burton Deal Baldwin Clay Dean Barnes Collins Edge Brannon Dawkins Egan MONDAY, MARCH 5, 1990 2037 Engram FFionsctehrer Garner Howard Huggins LLaanngdford Newbill Perry Ragan of 10th Ragan of 32nd btumbaugh Tysinger Those not voting were Senators: Barker Bowen Broun Coleman Echols Harris Olmstead Phillips Scott of 2nd Scott of 36th Starr Timmons On the motion offered by Senator Walker of the 43rd, the yeas were 18, nays 26; the motion was lost and the Senate did not insist upon the Senate amendment to HB 1634. On the motion offered by Senator Tysinger of the 41st, Senator Walker of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Brannon Burton Clay Collins Dawkins Deal Dean Edge Egan Engram Fincher Foster Garner Howard Huggins Johnson Land Langford Newbill Perry Ragan of 10th Ragan of 32nd Stumbaugh Taylor Turner Tysinger Those voting in the negative were Senators: English FGuillhlesr Hammill Harris Kennedy KMicdKd enzie Peevy Pollard Ray Shumake late Walker Those not voting were Senators: Barker Bowen Broun Coleman Echols Olmstead Parker Phillips Scott of 2nd Scott of 36th Starr Timmons On the motion offered by Senator Tysinger of the 41st, the yeas were 30, nays 14; the motion prevailed, and the Senate receded from the Senate amendment to HB 1634. The following message was received from the House through Mr. Ellard, the Clerk thereof: 2038 JOURNAL OF THE SENATE Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: 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. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Turner of the 8th moved that the Senate insist upon the Senate substitute to HB 1208. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1208. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1381. By Representative Kingston of the 125th: A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents. Senator Albert of the 23rd moved that the Senate adhere to the Senate amendment to HB 1381, and that a Conference Committee be appointed. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1381. The President appointed as a Conference Committee on the part of the Senate the following: Senators Albert of the 23rd, Turner of the 8th and Phillips of the 9th. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st and others: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions MONDAY, MARCH 5, 1990 2039 relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy. Senate Sponsor: Senator Walker of the 43rd. The Senate Committee on Special Judiciary offered the following amendment: Amend HB 1202 by striking from line 20 of page 31 the following: "$10,000.00", and inserting in lieu thereof the following: "$5,000.00". On the adoption of the amendment, the yeas were 28, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On 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 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 Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Turner Walker Those not voting were Senators: Allgood Bowen Brannon Broun Garner Olmstead Pollard Scott of 36th Shumake Timmons Tysinger On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 947. By Representatives Dobbs of the 74th, Alford of the 57th and Green of the 106th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible 2040 JOURNAL OF THE SENATE for the administration of the state-wide program for regulation and control of radiation generating equipment. 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 Barker Barnes Bowen Iruorutonn r!5L on DawkiM Deal Dean Echols Egan English Engram Fincher Foster Gillis Hammill HHoarwriasrd Huggins Kennedy Kidd Land Langford McKenzie Newbill Parker Peevy Perry Phillips Ragan of 10th RRaaygan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Allgood BBaraldnwnoinn Collins Edge Fuller Garner Johnson Olmstead Pollard Shumake Taylor Timmons On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Scott of the 36th moved that the Senate adhere to the Senate substitute to HB 1254, and that a Conference Committee be appointed. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1254. MONDAY, MARCH 5, 1990 2041 The President appointed as a Conference Committee on the part of the Senate the following: Senators Scott of the 36th, Foster of the 50th and Ray of the 19th. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 354. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons. The House substitute to SB 354 was as follows: A BILL To be entitled an Act to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of in mates, is amended by striking subsection (a) of said Code section, which reads as follows: "(a) Immediately upon the imposition of a sentence as provided in subsection (b) of Code Section 42-5-51, the clerk of the court shall notify the commissioner of the sentence and shall forthwith dispatch, along with such notice, by mail, a complete history of the convicted person, upon forms provided by the commissioner. The history shall include a certified copy of the indictment, accusation, or both, a certified copy of the sentence, and such other information as the commissioner may require. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The clerk of the court shall notify the commissioner of a sentence within 30 work ing days following the receipt of the sentence, and other documents set forth in this section. Such notice shall be mailed within such time period by first-class mail and shall be accom panied by three complete and certified sentence packages containing the following documents: (1) A certified copy of the sentence; (2) A complete history of the convicted person, including a certified copy of the indict ment, accusation, or both and such other information as the commissioner may require; (3) An affidavit of the custodian of such person indicating the total number of days the convicted person was incarcerated prior to the imposition of the sentence. It shall be the duty of the custodian of such person to transmit the affidavit provided for in this paragraph to the clerk of the superior court within ten days following the date on which the sentence is imposed; and (4) Order of probation revocation or tolling of probation. All of the aforementioned documents will be submitted on forms provided by the commis sioner. The commissioner shall file one copy of each such document with the State Board of 2042 JOURNAL OF THE SENATE Pardons and Paroles within thirty working days of receipt of such documents from the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service." Section 2. This Act shall become effective on September 1, 1990. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 354. 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 BBruorutonn Clay Coleman Collins Dawkins Deal Dean Echols Egan English Engram Fincher Foster TM Gil?lis* Hammill Harris Huggins Johnson Kennedy Kidd Land Langford Newbill Peevy Perry Ragan of loth RRagan of 32nd c , , ,, ,,,,,, Scott of 36th btarr Stumbaugh Taylor Turner Tysinger Those not voting were Senators: Allgood Bowen Brannon Edge Garner Howard McKenzie Olmstead Parker Phillips Pollard Scott of 2nd Shumake Timmons Walker On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 354. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 230. By Senators Coleman of the 1st, Dean of the 31st, Allgood of the 22nd and others: A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture. The House substitute to SB 230 was as follows: A BILL To be entitled an Act to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to change certain provisions relating to examina tions; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 5, 1990 2043 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by striking subsection (b) of Code Section 43-4-11, relating to qualifi cations of applicants for examination, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The examinations shall be the examinations prepared in accordance with the out line prescribed by the National Council of Architectural Registration Boards. The board may obtain advice and assistance in preparing and grading such examinations and the jointsecretary, with approval of the board, may contract with third parties to perform adminis trative services with respect to the examinations as he deems appropriate. The candidate for examination shall submit to the board satisfactory evidence of the following qualifications: (1) A professional degree in architecture from a school or college approved by the Na tional Architectural Accrediting Board and at least three years of practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate. An advanced degree in architecture from a school or college approved by the National Architectural Ac crediting Board may be accepted in lieu of a maximum of one year of the required practical experience; (2) A minimum of ten year's practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candi date for examination under the provisions of this paragraph shall notify the the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examina tion shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this para graph shall be admitted as a candidate for examination; or (3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practi cal experience as the board, by regulations uniformly applied, shall deem appropriate." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Coleman of the 1st moved that the Senate agree to the House substitute to SB 230. 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 Brawnennon nBQ,urutonn Coleman Collins Dawkins Deal Dean Echols Egan English Engram Fincher FFuolslteerr GTHTialmlismi.l..l Huggins Johnson Kennedy Kidd Land Langford Parker Peevy Perry Ragan of 10th RRaaygan of 32nd SS_.tcaortrt of 36th Tate Taylor Timmons Turner Tysinger Walker 2044 JOURNAL OF THE SENATE Those not voting were Senators: Allgood Garner Harris Howard McKenzie Newbill Olmstead Phillips Pollard Scott of 2nd Shumake Stumbaugh On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 230. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd and others: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment. Senator Timmons of the llth moved that the Senate insist upon the Senate amend ment to HB 738. On the motion, the yeas were 39, nays 2; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 738. The following bill of the House was taken up for the purpose of considering the House amendment to Senate Amendment No. 2: 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. The House amendment was as follows: Amend Senate amendment No. 2 to HB 1360 by striking from line 3 of page 1 the following: "15.00", and inserting in lieu thereof the following: "35.00". By striking from line 7 of page 1 the following: "35.00", and inserting in lieu thereof the following: "65.00". Senator Deal of the 49th moved that the Senate agree to the House amendment to Senate amendment No. 2. On the motion, a roll call was taken, and the vote was as follows: MONDAY, MARCH 5, 1990 2045 Those voting in the affirmative were Senators: Baldwin Barnes Bowen BDreaanl non Dean Egan Engram Fincher Foster Fuller GHaamrnmerill Howard Huggins Johnson Kennedy Langford Starr mTayl,or Timmons Tysinger Walker Those voting in the negative were Senators: Albert Barker Broun Coleman Collins Dawkins Echols English Gillis Harris Kidd Land Newbill Parker Peevy Perry Ragan of 10th Ragan of 32nd Rav Shumake Turner Those not voting were Senators: Allgood Clay Edge McKenzie Olmstead Phillips Pollard Scott of 2nd Scott of 36th Stumbaugh Tate On the motion, the yeas were 23, nays 22; the motion was lost, and the Senate did not agree to the House amendment to Senate amendment No. 2. Senator Deal of the 49th moved that the Senate reconsider its action in defeating the motion offered by Senator Deal of the 49th. On the motion, the yeas were 29, nays 13; the motion prevailed, and the motion offered by Senator Deal of the 49th to agree to the House amendment to Senate amendment No. 2 was reconsidered. On the motion offered by Senator Deal of the 49th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Bowen Brannon lav Coleman DTDu-,eaeawain,kins Eclj0ls Egan English Engram Fincher Foster Fuller Garner Hammill HuTHTuogwgai.rndjs Johnson Kennedy Kidd Langford Olmstead Perry Ragan of 10th Scott of 36th Starr Sm T0tau*yimlo1bra.u1g.h Timmons Turner Tysinger Walker 2046 JOURNAL OF THE SENATE Those voting in the negative were Senators: Albert Barker Burton Collins Edge Gillis Harris Land Newbill Parker Ragan of 32nd jjay Scott of 2nd Shumake Those not voting were Senators: Allgood Baldwin Broun McKenzie Peevy Phillips Pollard Tate On the motion offered by Senator Deal of the 49th, the yeas were 34, nays 14; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment No. 2 to HB 1360. Senator Dean of the 31st moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House: 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 sheriff's vehicle. On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1798 was imme diately transmitted to the House. The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption: 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. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray MONDAY, MARCH 5, 1990 2047 Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Allgood Coleman English Howard Langford McKenzie Phillips Pollard Scott of 2nd Shumake Starr Tate On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Coleman of the 1st. Senator Coleman of the 1st offered the following amendment: Amend HB 1622 as follows: On page 10, line 16, delete the period (.) after "due" and add "and registration shall be denied any such vehicle if any Georgia ad valorem property taxes due upon such vehicle are unpaid." On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Egan Engram Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy 2048 JOURNAL OF THE SENATE Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Timmons Turner Walker Those not voting were Senators: Allgood Barnes Dawkins Edge English Fincher Garner Langford McKenzie Phillips Pollard Starr Tate Tysinger On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 1249. By Representatives Colwell of the 4th and Murphy of the 18th: A bill to amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to the coordinate system for defining, designating, and stat ing with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, so as to provide for applicability of the Georgia Coordinate System provided for by an Act approved March 6, 1945. Senate Sponsor: Senator Gillis of the 20th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Brannn BQJruor"tonn Collins Dawkins Deal Dean Engram Fincher Foster Gillis Hammill Harris Howard JH,ouh, g6ng5sionns Kennedy Kidd Land Newbill Olmstead Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray SS0,hcoutmt aok.fe36th Starr Stumbaugh Taylor Timmons Turner Walker Those not voting were Senators: Albert AUgood Egan English Fuller Garner Langford McKenzie Peevy Phillips Scott of 2nd Tate Tysinger On the passage of the bill, the yeas were 40, nays 0. MONDAY, MARCH 5, 1990 2049 The bill, having received the requisite constitutional majority, was passed. Senator Deal of the 49th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow. Senator Deal of the 49th asked unanimous consent to withdraw the motion; the consent was granted, and the motion to adjourn was withdrawn. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1568. By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th and others: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a used car dealer. Senate Sponsor: Senator Parker of the 15th. Senators Parker of the 15th and Bowen of the 13th offered the following substitute to HB 1568: A BILL To be entitled an Act to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a used car dealer; to provide for registration of motor vehicle brokers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," is amended by striking subparagraph (A) of para graph (6) of Code Section 43-47-2, relating to the definition of a used car dealer, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows: "(A) 'Used motor vehicle dealer' or 'used car dealer' means any person who, for commis sion or with intent to make a profit or gain of money or other thing of value, sells, ex changes, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle broker who, for commission or with intent to make a profit or gain of money or other thing of value, negotiates or attempts to negotiate the sale of a motor vehicle on behalf of another shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any person who knowingly allows the display of five or more used motor vehicles on his or her real property within a 12 month period by other persons for the purpose of offering such used motor vehicles for sale, with intent to make a profit or gain of money or other thing of value, shall be deemed a motor vehicle broker for the pur poses of this chapter. Any independent motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any motor vehicle auction company selling or offer ing for sale used motor vehicles to independent motor vehicle dealers or to individual con sumers shall be deemed to be used motor vehicle dealers or used car dealers for the pur poses of this chapter. The sale of five or more used motor vehicles in any one calendar year shall be prima-facie evidence that a person is engaged in the business of selling used motor vehicles. The term 'motor vehicle broker' shall not mean any person engaged in the solicita tion, negotiation, or advertising of the sales of used motor vehicles, if the sales of such used motor vehicles are made by used car dealers or financial institutions, and shall not mean any owner of real property who allows the display of used motor vehicles on his or her property, 2050 JOURNAL OF THE SENATE if the sales of such used motor vehicles are made by used car dealers or financial institutions. (i) 'Retail used motor vehicle dealer' or 'retail used car dealer' means any used motor vehicle dealer who is engaged in the business of selling used motor vehicles to consumers and other licensed dealers. (ii) 'Wholesale used motor vehicle dealer" or 'wholesale used car dealer' means any used motor vehicle dealer who is engaged in the business of selling used motor vehicles solely to other licensed dealers." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 1568 would be suspended and placed on the Senate General Calendar. HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election. Senate Sponsor: Senator Baldwin of the 29th. Senator Parker of the 15th offered the following substitute to HB 1204: 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 relating to law enforcement officers and agencies, so as to provide for training for law enforcement officers and prosecuting attorneys in the identification and combating of bias crimes; to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Infor mation Center, so as to authorize such center to make certain criminal history records avail able to county boards of registrars or county boards of registration and election; to provide for procedures; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to create the "Bias Crimes Informa tion and Documentation Act"; to provide for a short title; to provide for a statement of purpose; to provide for construction; to provide for powers and duties of the director of the Georgia Bureau of Investigation, law enforcement agencies, and the State of Georgia Crimi nal Justice Statistical Analysis Center at Georgia State University; to provide for reports; to repeal conflicting 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 relating to law enforcement officers and agencies, is amended by adding at the end thereof a new Code Section 35-1-9 to read as follows: "35-1-9. The Georgia Peace Officer Standards and Training Council, law enforcement training centers monitored and funded by the Peace Officer Standards and Training Coun cil, and the Georgia Public Safety Training Center shall incorporate training materials and information in methods for identifying and combating bias crimes and terroristic acts in all courses for which they have responsibility and oversight. The Prosecuting Attorneys' Coun cil of the State of Georgia shall provide training for all prosecuting attorneys of the state in methods for identifying and combating bias crimes and terroristic acts." Section 2. Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to MONDAY, MARCH 5, 1990 2051 dissemination of records of the Georgia Crime Information Center, is amended in subsection (a) by striking "and" at the end of paragraph (1) and by adding a new paragraph immedi ately following paragraph (1), to be designated paragraph (1.1), to read as follows: "(1.1) Make criminal history records maintained by the center available to any county board of registrars or county board of registration and election. Any such board shall be deemed to have the consent of the person whose records are requested by virtue of the person's signature on a voter registration card. Such records shall be requested for the sole purpose of verification of information provided on voter registration cards by registration applicants; and". Section 3. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding at the end of said chapter a new Article 5 to read as follows: "ARTICLE 5 35-3-100. This article shall be known and may be cited as the 'Bias Crimes Information and Documentation Act.' 35-3-101. This article is enacted as a direct response to the high level of reactivation of bias and violent crimes and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these bias and violent crimes and terroristic acts. 35-3-102. As used in this article, the term: (1) 'Bias crime' means any crime that hinders any person's exercise of the enjoyment of rights secured by the Constitution or laws of the United States or this state that have been interfered with, or attempted to be interfered with, because of the status of a person or persons by means of any criminal act or acts that threatened, caused, or could cause bodily or emotional harm, caused or could cause property damage, including arson, or put a person in reasonable fear of bodily harm or damage to his or her property. (2) 'Status' means race, religion, sex, sexual orientation, color, national origin, HIV in fection, or the perception thereof. 35-3-103. (a) The director of the Georgia Bureau of Investigation or his designee shall acquire data from all law enforcement agencies on the incidence of criminal acts that mani fest in their commission evidence of intent or motive based on status. The crimes with re spect to which such data shall be acquired are: (1) Homicide; (2) Involuntary manslaughter; (3) Aggravated assault; (4) Aggravated battery; (5) Simple assault; (6) Simple battery; (7) Robbery; (8) Armed robbery; (9) Burglary; (10) Disorderly conduct; (11) Aggravated sodomy; (12) Rape; (13) Theft; (14) Arson; 2052 JOURNAL OF THE SENATE (15) Criminal damage to property in the first degree; (16) Criminal damage to property in the second degree; (17) Criminal trespass; (18) Criminal defamation; (19) False imprisonment; (20) Threat or terroristic threat; and (21) Such other crimes the director considers appropriate. (b) The director or his designee shall establish guidelines for the collection of such data by all law enforcement agencies, including the necessary evidence and criteria that must be present for finding of evidence of intent or motive based on status and shall establish guide lines and procedures for carrying out the purpose of this Code section and the acquisition of such data. (c) The State of Georgia Criminal Justice Statistical Analysis Center at Georgia State University shall, at least semiannually, publish and make public a report that contains a statistical summary of data acquired under this Code section." Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 4, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 1204 would be suspended and placed on the Senate General Calendar. HB 1513. By Representatives Orrock of the 30th, Aaron of the 56th, Dixon of the 128th and others: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize an employee in the classified service who has accumulated sick leave to utilize such sick leave at any time such employee is sick; to require an em ployee to telephone the appropriate authority each day when such employee is absent from work on sick leave. 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 Bowen Brannon Broun Burton Collins Dawkins Dean Echols Edge Egan English Engram Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th MONDAY, MARCH 5, 1990 2053 Staii Stumbaugh Tate Taylor Turner Walker Those not voting were Senators: Allgood Barnes Clay Coleman Deal Foster Langford McKenzie Newbill Parker Phillips Shumake Timmons Tysinger On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1397. By Representatives Baker of the 51st, Oliver of the 53rd, Robinson of the 96th and others: A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide for an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located; to provide that an evasive or incomplete answer shall be treated as a failure to answer. Senate Sponsor: Senator Peevy of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes *roawnennon BCoulrltiongn Dean Echols Edge Egan English Engram Fincher Fuller Gillis Hammill HHoarwriasrd THTuggm s Johnson Kennedy Kidd Land Olmstead Parker Peevy Perry Pollard Ragan of 10th RRaaygan of 32nd So co^tt o*f 2n ndj Scott of 36th Starr Stumbaugh Tate Turner Walker Those not voting were Senators: Allgood Broun Coleman Dawkins Deal Foster Garner LanSford McKenzie Newbill Phillips Shumake Taylor Timmons Tysinger On the passage of the bill, the yeas were 40, nays 0. 2054 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. HB 1139. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses. Senate Sponsor: Senator Fuller of the 52nd. Senator Pollard of the 24th offered the following amendment: Amend HB 1139 by striking on page 2, line 8, the words "assessed and", and strike on page 2, lines 12 and 13, the words "by the tenth day of the month following the month in which such sums are collected", and insert the words "upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if fine is paid by installments." Senators Parker of the 15th and Pollard of the 24th offered the following amendment: Amend the amendment offered by Senator Pollard of the 24th to HB 1139 by inserting on line 12, page 1 "the" between "if fine". On the adoption of the amendment, the yeas were 30, nays 0, and the amendment of fered by Senators Parker of the 15th and Pollard of the 24th to the amendment offered by Senator Pollard of the 24th to HB 1139 was adopted. On the adoption of the amendment offered by Senator Pollard of the 24th, the yeas were 33, nays 0, and the amendment was adopted as amended. Senator Harris of the 27th offered the following amendment: Amend HB 1139 on page one, line 24 by inserting after "to" the following language: "ten percent of so that as amended, 15-21-100 (a) would read as follows: "In every case in which any court shall impose a fine, which shall be construed to in clude costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, or 16-13-31, which offenses relate to certain activities regarding marijuana, controlled substances and noncontrolled substances, there shall be imposed as an additional penalty a sum equal to ten percent of the original fine." On the adoption of the amendment offered by Senator Harris of the 27th, the yeas were 36, nays 2, 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 Brannon Burton Clay Collins Dawkins Dean Echols Edge Egan English Engram Fincher Fuller Garner Gillis MONDAY, MARCH 5, 1990 2055 Hammill Harris Howard HuS*lns JKoehnnnseodny Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy *,, "* J Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stair Stumbaugh ,,^,at,e Taylor Timmons Turner Walker Those not voting were Senators: Allgood Barker Bowen Broun Coleman Deal Foster Phillips Shumake Tysinger 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 1654. By Representative Reaves of the 147th: A bill to amend Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, so as to change the penalty for mislabeling products. Senate Sponsor: Senator English of the 21st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes BTM11011 Broun BCluaryton Collins Dawkins Dean Echols English Engram Fincher Fuller Garner Gillis Hammill Harris HHuogwgairnds Johnson Kennedy Land Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th R of 32nd R ,,Scoy,tt o,f 3,,,,6.t,h Stumbaugh TMate Taylor Timmons Turner Walker Voting in the negative was Senator Langford. Those not voting were Senators: Allgood Deal Bowen Edge Coleman Egan Foster Kidd McKenzie 2056 JOURNAL OF THE SENATE Phillips Scott of 2nd Shumake Starr Tysinger On the passage of the bill, the yeas were 41, nays 1. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Stumbaugh of the 55th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Burton C!*y Coleman Collins Dawkins Dean Echols Edge Egan English Engram Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy Perry Pollard Ragan of i0th Ragan of 32nd Stumbaugh Tate Taylor Timmons Turner Walker Those not voting were Senators: Allgood Baldwin Bowen Brannon Broun Deal Foster McKenzie Phillips Scott of 36th Starr Tysinger On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1517. By Representative Mangum of the 57th: 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 repeal Article 13 thereof, relating to suspending and reopening local school systems. Senate Sponsors: Senators Foster of the 50th and Tate of the 38th. MONDAY, MARCH 5, 1990 2057 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Broun Burton Coleman Collins Dawkins Dean Echols Edge Egan English Engram Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Allgood Bowen Brannon Clay Deal Foster Phillips Pollard Shumake Taylor Tysinger On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 non-resident taxidermist licenses and license fees. Senate Sponsor: Senator Ragan of the 10th. The Senate Committee on Natural Resources offered the following substitute to HB 1629: A BILL To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the record requirements of a licensed taxidermist; to provide for resident and nonresident taxidermist licenses and license fees; to provide for a blanket commercial shooting preserve license; to authorize commercial hunting preserves to purchase blanket commercial hunting preserve licenses and to authorize persons to hunt game birds without possessing hunting licenses while on a commercial hunting preserve which possesses a valid blanket commercial hunting preserve license; to provide for an effec tive date; to repeal conflicting laws; and for other purposes. 2058 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsections (b) and (f) of Code Section 27-2-9, relating to taxider mist licenses and required practices, and inserting in their respective places new subsections (b) and (f) to read as follows: "(b) Any wildlife at the business premises of a taxidermist must have a tag attached displaying a number that can be cross-referenced with the same number in the written records that are required in paragraph (f) of this Code section. Any wildlife transferred to another taxidermist must have an additional tag attached showing the name, address, and telephone number of the taxidermist which has the original written record needed for crossreferencing to the numbered tag. Such tags may be removed as necessary during mounting but must otherwise remain on the wildlife until final disposition. (f) It shall be unlawful for any taxidermist to fail to keep at his business premises a written record of all wildlife received by him, which record shall show the name and address of the owner, the date such wildlife was killed, the number and species of such wildlife, and the date received. Each taxidermist shall keep such records at his business premises until he has disposed of the specimen to which the records refer." Section 2. Said title is further amended by striking subparagraphs (I) through (U) of paragraph (7) of Code Section 27-2-23, relating to licenses, permits, and stamp fees, which read as follows: "(I) Commercial fish hatchery license Annual 50.00 (J) Catch-out pond license Annual 200.00 (K) Soft-shell crab dealer license (L) Taxidermist Annual 10.00 license Annual 10.00 (M) Falconry permit Annual 5.00 (N) Shellfish dredging permit Annual 1.00 (0) Commercial alligator farming license (P) Wild Annual 25.00 animal license (Q) Wild animal Annual 200.00 auction license (R) Resident Seven-day 5,000.00 bait dealer license Season 25.00 (S) Nonresident bait dealer license Season 150.00 (T) Resident sport bait MONDAY, MARCH 5, 1990 2059 shrimping license (U) Nonresident sport bait shrimping license Season 5.00 Season 75.00," and inserting in their places new subparagraphs (I) through (W) to read as follows: "(I) Blanket commercial shooting preserve license (J) Commercial fish hatchery license (K) Catch-out pond license (L) Soft-shell crab dealer license (M) Resident taxidermist license (N) Nonresident taxidermist license (0) Falconry permit (P) Shellfish dredging permit (Q) Commercial alligator farming license (R) Wild animal license (S) Wild animal auction license (T) Resident bait dealer license (U) Nonresident bait dealer license (V) Resident sport bait shrimping license (W) Nonresident sport bait shrimping license Annual Annual Annual Annual Three-year Three-year Annual Annual Annual Annual Seven-day Season Season Season Season 500.00 50.00 200.00 10.00 150.00 500.00 5.00 1.00 25.00 200.00 5,000.00 25.00 150.00 5.00 75.00" Section 3. Said title is further amended by striking subsection (a) of Code Section 27-3- 2060 JOURNAL OF THE SENATE 110, relating to shooting preserve license requirements, and inserting in its place a new sub section (a) to read as follows: "(a) It shall be unlawful for any person to release pen raised game birds unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year." Section 4. Said title is further amended by striking Code Section 27-3-114, relating to laws and regulations applicable to shooting preserves and requirements as to hunting li censes, and inserting in its place a new Code Section 27-3-114 to read as follows: "27-3-114. Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Spe cifically, hunting licenses shall be required of all persons hunting on such perserves; pro vided, however, that it shall be lawful for any nonresident to hunt on such a preserve with a nonresident shooting preserve hunting license as provided in Code Section 27-2-23; pro vided, further, that it shall be lawful for any person to hunt game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23." Section 5. This Act shall become effective on April 1, 1991. Section 6. 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 Barker Barnes Broun Burton Clay Coleman Collins Dean Echols Edge Egan English Engram Fincher Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Allgood Baldwin Bowen Brannon Dawkins Deal Foster Pollard Shumake Taylor Tysinger On the passage of the bill, the yeas were 45, nays 0. MONDAY, MARCH 5, 1990 2061 The bill, having received the requisite constitutional majority, was passed by substitute. Senator Kennedy of the 4th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed. At 4:10 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow. 2062 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 6, 1990 Thirty-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 and Senate: HB 2041. By Representative Carrell of the 65th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the manner in which members of the board are elected; to provide for meetings; to change the power to contract. HB 2056. By Representative Greene of the 130th: A bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of the city. HB 2057. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Hiram, so as to expand the corporate limits of the city. HB 2058. By Representatives Holland of the 136th and Hanner of the 131st: A bill to create a board of elections for Lee County, Georgia. HB 2059. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board. HB 2060. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the content of the report and audit submitted to the board. HB 2061. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the com pensation of the judge and solicitor of said court. TUESDAY, MARCH 6, 1990 2063 HB 2062. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act providing for the compensation and expenses of the coro ner of Clayton County, so as to change the compensation of the coroner. HB 2063. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to provide for the determination of the millage rate by the governing au thorities of Clayton County and the Clayton County School District. HB 2064. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act creating a new charter for the City of Riverdale, so as to redefine the boundaries of the city. HB 2065. By Representatives Chambless of the 133rd, Cummings of the 134th, Balkcom of the 140th and White of the 132nd: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board. HB 2066. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act entitled "An Act to amend an Act providing a new board of commissioners of Henry County," so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; to provide that such chairman shall be the chief executive officer of the county. HB 2067. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to fix the salary of the sheriff; to fix the salary of the clerk of superior court; to provide longevity allowances to the clerk of superior court for prior years of service. HB 2068. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner; to provide longevity allowances to the tax commissioner for prior years of service; to change the provi sions relative to the compensation of the deputy tax commissioner. HB 2069. By Representative Thurmond of the 67th: A bill to amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, so as to change the compensation of the judge of said court. HB 2070. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to provide that future school superintendents of the Clayton County School District shall be nominated and elected in nonpartisan primaries and elections. 2064 JOURNAL OF THE SENATE HB 2071. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to restate and recodify certain existing provisions of law; to revise certain existing provisions of law; to change the composition of the board of education; to change the terms of members of the board. SB 624. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th: A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to increase the civil penalty for a violation of wastewater pretreatment regulations from a maximum of $750.00 per day to a maximum of $1,000.00 per day. SB 659. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th: A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to amend Section 6(c)(2) "Option C" of said Act so as to change certain provisions relating to the custodian of the pension fund; to change the qualifications of the custodian of the pension fund; to provide an effective date. SB 752. By Senator Fincher of the 54th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield County during designated re gistration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 677. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta. The House has passed by the requisite constitutional majority the following bills of the Senate: 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. 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. TUESDAY, MARCH 6, 1990 2065 SB 601. By Senators Turner of the 8th, McKenzie of the 14th, Kennedy of the 4th and others: A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust compa nies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with re spect to certain business activities; to revise provisions relative to entities which may lawfully act as corporate fiduciaries. SB 593. By Senator Brannon of the 51st: A bill to amend Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, so as to change the provisions relating to the quorum necessary for the council to transact business. SB 594. By Senator Brannon of the 51st: A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the coroner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, so as to change the provisions relating to payment of the expense of embalming under certain circumstances. SB 642. By Senator Starr of the 44th: A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, so as to provide that driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be a felony. The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 461. By Senator Kennedy of the 4th: A resolution designating the Ernest W. Strickland Bridge. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 250. By Senator Kidd of the 25th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of certain real estate appraisers; to provide a short title; to provide definitions; to create the Georgia Real Estate Appraisers Board and provide for the member ship, qualifications, terms, officers, powers, duties, authority, compensation, ex penses, quorum, practices, and procedures thereof. SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and others: 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 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 2066 JOURNAL OF THE SENATE require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: 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 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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 427. By Senator Fuller of the 52nd: A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date. The House has agreed to the Senate substitutes to the following bills of the House: 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 1883. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff. HB 577. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to authorize drug bidding programs and rebates relating thereto. HB 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. TUESDAY, MARCH 6, 1990 2067 HB 1694. By Representatives Breedlove of the 60th, Lawson of the 9th, Wall of the 61st, Jackson of the 9th, Orr of the 9th and others: A bill creating the board of commissioners of Gwinnett County, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services. The House has agreed to the Senate amendments to the following bills of the House: 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. HB 1889. By Representative Bostick of the 138th: A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Com mittee and its composition and powers. The House has agreed to the Senate substitutes to the following resolutions of the House: HR 585. By Representatives Crawford of the 5th and Porter of the 119th: A resolution proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides. HR 592. By Representatives Jamieson of the llth and Dover of the llth: A resolution extending and redesignating the U.S. 441 Business Historic Route. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 591. By Senators Scott of the 2nd, Howard of the 42nd and Allgood of the 22nd: 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 468. By Senator Kidd of the 25th: A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chap ter 7 of Title 31 on statutes which require competitive bidding. 2068 JOURNAL OF THE SENATE The House has agreed to the Senate substitute to the following bill of the House: HB 1761. By Representative Green of the 106th: A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change provisions relating to the compensation and allowances of the chairperson and members of the board. The House has passed by the requisite constitutional majority the following bills of the Senate: 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. 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 560. By Senators Burton of the 5th and Phillips of the 9th: A bill to amend Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, so as to change certain provisions regarding termination of the commission; to provide for an effective date. The House has adopted by the requisite constitutional majority the following resolution of the Senate: 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. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 608. By Senators Baldwin of the 29th and Edge of the 28th: A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maxi mum penalty to $100,000.00. SB 613. By Senators Olmstead of the 26th and Kidd of the 25th: A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a preference for Georgia vendors from other states when such states give in-state vendors a pref erence over Georgia vendors; to provide for related matters; to provide an effec tive date. TUESDAY, MARCH 6, 1990 2069 SB 472. By Senator Kidd of the 25th: A bill to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt. The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate: 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 House recedes from its position in disagreeing to the Senate substitute to the fol lowing bill of the House: HB 1608. By Representatives Bishop of the 94th and Randall of the 101st: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipali ties and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees. The House recedes from its position in substituting the following bill of the Senate: SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide defini tions; to provide the minimum contents of such plan. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 595. By Senator Brannon of the 51st: A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 1048. By Representative Alford of the 57th: A resolution urging the State Board of Education to modify its policies relative to the disposition of used textbooks. 2070 JOURNAL OF THE SENATE The House insists on its position in amending the following bill of the Senate: SB 749. By Senators Scott of the 2nd and Hammill of the 3rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for cost-of-living increases. 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 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. The Speaker has appointed on the part of the House, Representatives Pinkston of the 100th, Beck of the 148th and Redding of the 50th. The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House: HB 1441. By Representatives Walker of the 115th and Lee of the 72nd: A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils. The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House: HB 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. The Speaker has appointed on the part of the House, Representatives Redding of the 50th, Balkcom of the 140th and Moody of the 153rd. The following bills and resolution of the House were read the first time and referred to committees: HB 2041. By Representative Carrell of the 65th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the manner in which members of the board are elected; to provide for meetings; to change the power to contract. Referred to Committee on Urban and County Affairs. TUESDAY, MARCH 6, 1990 2071 HB 2056. By Representative Greene of the 130th: A bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 2057. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Hiram, so as to expand the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 2058. By Representatives Holland of the 136th and Hanner of the 131st: A bill to create a board of elections for Lee County, Georgia. Referred to Committee on Urban and County Affairs. HB 2059. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board. Referred to Committee on Urban and County Affairs. HB 2060. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the content of the report and audit submitted to the board. Referred to Committee on Urban and County Affairs. HB 2061. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the com pensation of the judge and solicitor of said court. Referred to Committee on Urban and County Affairs. HB 2062. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act providing for the compensation and expenses of the coro ner of Clayton County, so as to change the compensation of the coroner. Referred to Committee on Urban and County Affairs. HB 2063. By Representative Bailey of the 72nd: A bill to provide for the determination of the millage rate by the governing au thorities of Clayton County and the Clayton County School District. Referred to Committee on Urban and County Affairs. HB 2064. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act creating a new charter for the City of Riverdale, so as to redefine the boundaries of the city. Referred to Committee on Urban and County Affairs. 2072 JOURNAL OF THE SENATE HB 2065. By Representatives Chambless of the 133rd, Cummings of the 134th, Balkcom of the 140th and White of the 132nd: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board. Referred to Committee on Urban and County Affairs. HB 2066. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act entitled "An Act to amend an Act providing a new board of commissioners of Henry County," so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; to provide that such chairman shall be the chief executive officer of the county. Referred to Committee on Urban and County Affairs. HB 2067. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to fix the salary of the sheriff; to fix the salary of the clerk of superior court; to provide longevity allowances to the clerk of superior court for prior years of service. Referred to Committee on Urban and County Affairs. HB 2068. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the tax commissioner; to provide longevity allowances to the tax commissioner for prior years of service; to change the provi sions relative to the compensation of the deputy tax commissioner. Referred to Committee on Urban and County Affairs. HB 2069. By Representative Thurmond of the 67th: A bill to amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, so as to change the compensation of the judge of said court. Referred to Committee on Urban and County Affairs. HB 2070. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to provide that future school superintendents of the Clayton County School District shall be nominated and elected in nonpartisan primaries and elections. Referred to Committee on Urban and County Affairs. HB 2071. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to restate and recodify certain existing provisions of law; to revise certain existing provisions of TUESDAY, MARCH 6, 1990 2073 law; to change the composition of the board of education; to change the terms of members of the board. Referred to Committee on Urban and County Affairs. HR 1048. By Representative Alford of the 57th: A resolution urging the State Board of Education to modify its policies relative to the disposition of used textbooks. Referred to Committee on Education. 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 House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 1484. Do pass. Respectfully submitted, Senator Barker of the 18th District, Chairman Mr. President: The Committee on Human Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1939. Do pass. Respectfully submitted, Senator Howard of the 42nd District, Chairman Mr. President: The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 1680. Do pass. HB 1810. Do pass. Respectfully submitted, Senator Dawkins of the 45th District, Chairman Mr. President: The Committee on Industry and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 1827. Do pass by substitute. HB 1899. Do pass by substitute. Respectfully submitted, Senator Dawkins of the 45th District, Chairman 2074 JOURNAL OF THE SENATE Mr. President: The Committee on Insurance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1137. Do pass by substitute. HB 1504. Do pass. HB 1752. Do pass by substitute. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman Mr. President: The Committee on Insurance has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1427. Do pass as amended. HB 1710. Do pass as amended. Respectfully submitted, Senator Stumbaugh of the 55th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1050. Do pass. HB 1591. Do pass as amended. HB 1340. Do pass. ,, HB 1391. Do pass. HB 1436. Do pass. , HB 1624. Do pass. HB 1848. Do pass. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills and resolu tions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1157. Do pass. HB 1171. Do pass by substitute. HB 1243. Do pass by substitute. HB 1263. Do pass. HR 849. Do pass. HR 861. Do pass. Respectfully submitted, Senator Deal of the 49th District, Chairman TUESDAY, MARCH 6, 1990 2075 Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1223. Do pass by substitute. HB 1906. Do pass by substitute. HB 1969. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1145. 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 498. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 251. HB 1294. HB 1779. Do pass. Do pass. Do pass. HB 1834. HB 1549. HB 1811. Do pass. Do pass. Do pass. Respectfully submitted, Senator Peevy of the 48th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1521. Do pass by substitute. 2076 JOURNAL OF THE SENATE HB 402. Do pass as amended. Respectfully submitted, Senator Peevy of the 48th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 766. HB 1285. HB 1396. HB 1856. HB 1980. HB 1981. HB 1982. HB 1983. HB 1985. HB 1989. HB 1990. HB 2014. HB 2016. HB 2017. HB 2018. HB 2019. HB 2020. Do pass. Do pass. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. HB 2021. HB 2022. HB 2024. HB 2025. HB 2026. HB 2027. HB 2028. HB 2029. HB 2030. HB 2031. HB 2036. HB 2037. HB 2045. HB 2047. HB 2048. HR 956. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SR 498. By Senators Albert of the 23rd and Kidd of the 25th: A resolution creating the Senate Protection of Artists Study Committee. HB 251. By Representatives Robinson of the 96th and Bishop of the 94th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to include in the definition of "prose cuting attorney" a person who serves on a full-time basis as a district attorney. HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th and others: A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any per son holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances. TUESDAY, MARCH 6, 1990 2077 HB 1050. By Representative Oliver of the 53rd: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions of eminent domain, so as to provide that after con demnation, the condemning body shall maintain the condemned property free of garbage, trash, and waste materials. HB 1137. By Representative Richardson of the 52nd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of contin uing care providers and facilities; to provide for exemptions; to prohibit continu ing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department. HB 1145. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, so as to provide for additional crimes; to provide for a definition; to provide that such additional crimes shall apply only to public employees entering service after a certain date. HB 1157. By Representative Alien of the 127th: A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to the seizure and disposition of property used in or derived from gam bling and related offenses, so as to provide that legal advertisements of seizure and disposition proceedings shall be published twice a month for two consecutive months in the newspaper in which the sheriffs advertisements are published. HB 1171. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions. HB 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. HB 1243. By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult. 2078 JOURNAL OF THE SENATE 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 1294. By Representatives Porter of the 119th, Barfoot of the 120th, Oliver of the 53rd and others: A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide training requirements for judges of municipal courts; to provide for payment of training costs; to create the Georgia Municipal Courts Training Council to administer the training of municipal judges. 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. HB 1391. By Representatives Oliver of the 53rd, Baker of the 51st, Alford of the 57th and Robinson of the 96th: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for minor revisions in the procedure for the appointment of a guardian; to revise extensively the provisions relating to modification or termination of guardianships. HB 1427. By Representatives Richardson of the 52nd, Thomas of the 31st, Sinkfield of the 37th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual and group accident and sickness insur ance coverage of mammograms and Pap smears. HB 1436. By Representatives Twiggs of the 4th and Thomas of the 69th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the criminal offense of trafficking in cocaine, illegal drugs, or mari juana, so as to change the elements of and punishment for the offense of traffick ing in marijuana. HB 1484. By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Brown of the 88th: A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to enable the De partment of Human Resources, Division of Youth Services to provide realistic employment training and experience for committed youths. HB 1504. By Representatives Dobbs of the 74th, Twiggs of the 4th, Dover of the llth and others: A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to change the time limit within which an insured can give notice of a claim before such notice requirements may be satisfied by a third party injured in an accident involving the insured and having a claim against the insured; to change certain dates. TUESDAY, MARCH 6, 1990 2079 HB 1521. By Representatives Aiken of the 21st, Clark of the 20th, Mueller of the 126th and others: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system edu cator has committed certain designated crimes under Georgia law. HB 1549. By Representatives Campbell of the 23rd, Stancil of the 8th, Isakson of the 21st and others: A bill to amend Code Section 17-10-1.1 of the Official Code of Georgia Anno tated, relating to victim impact statements, so as to provide that prosecuting at torneys shall provide victim impact statement forms to victims; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person. HB 1591. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Elec tion Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct. HB 1624. By Representatives Oliver of the 53rd, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th: A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in longterm care facilities, so as to change the provisions relating to immunity from liability. HB 1680. By Representatives Teper of the 46th, Watson of the 114th and Stancil of the 66th: A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes and other state codes, so as to provide that on and after October 1, 1991, the Stan dard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county. 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. HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd and others: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured 2080 JOURNAL OF THE SENATE motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing. HB 1779. By Representatives Poston of the 2nd, Oliver of the 53rd, Chambless of the 133rd and Holland of the 136th: A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, so as to pro vide that certain retired magistrates be authorized to perform marriage ceremonies. HB 1810. By Representatives Porter of the 119th, Jackson of the 9th and Barnett of the 10th: A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed. HB 1811. By Representative Goodwin of the 63rd: A bill to amend Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of certain levies on land, so as to provide for delivery of certain notice by certified mail. HB 1834. By Representatives Holland of the 136th, Moultrie of the 93rd and Poston of the 2nd: A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to the renouncement of succession, so as to provide that the document stating such renouncement shall be delivered to the transferor or his personal representative by hand delivery or by mail. HB 1848. By Representative Chambless of the 133rd: A bill to amend Article 1 of Chapter 3 of Title 18 of the Official Code of Georgia Annotated, relating to attachment proceedings generally, so as to allow the oath of an affiant relating to an application for a writ of attachment to be taken before either a judge or a clerk or deputy clerk of the court or before a notary public. HB 1899. By Representative Dobbs of the 74th: A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to change a certain definition; to provide for a lien for suppliers of rental tools, appliances, machinery, and equipment used to improve real estate. HB 1906. By Representatives Murphy of the 18th, Chambless of the 133rd, Lee of the 72nd and others: A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to provide for mandatory drug testing for per sons seeking to qualify for nomination or election to certain state offices. HB 1969. By Representative Thomas of the 69th: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to provide that the tempo rary assignments of judges shall be made by the district administrative judge. TUESDAY, MARCH 6, 1990 2081 HR 849. By Representative McDonald of the 12th: A resolution creating the Georgia Courts Automation Commission. HR 861. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to confer "by law" jurisdiction on municipal courts over viola tions of state law. HB 1827. By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd: A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide require ments for urinals. HB 1939. By Representatives Barnett of the 10th, Murphy of the 18th, Childers of the 15th and Parham of the 105th: A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide additional conditions for revocation of certificates of need or authority to operate. The President called for the morning roll call, and the following Senators answered to their names: Allgood Baldwin Bowen Brannon |roun Cr/y Collins Deal Dean Echols Egan English Engram Fincher Foster Hammill Harris Hug&ma Johnson Kennedy McKenzie Newbill Parker Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not answering were Senators: Albert Barker Dawkins Edge Fuller Garner Gillis Howard Kidd Land Langford Olmstead Peevy Ragan of 10th Scott of 36th Shumake Taylor Senator Tate of the 38th introduced the chaplain of the day, Reverend J. E. Hightower, pastor of Elizabeth Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer. 2082 JOURNAL OF THE SENATE The following resolutions of the Senate were read and adopted: SR 505. By Senator Kidd of the 25th: A resolution commending IBM. SR 506. By Senator Dean of the 31st: A resolution commending Ken Jolly and the Cedartown Junior Varsity Girls Bas ketball Team. SR 507. By Senator Dean of the 31st: A resolution commending and recognizing White Elementary School of Bartow County. SR 508. By Senator Dean of the 31st: A resolution commending Coach Tammy Alien and the Paulding County High School Freshman Girls Basketball Team. SR 509. By Senator Dean of the 31st: A resolution commending Coach Milford Snow and the Bremen High School "Lady Devils" basketball team. SR 510. By Senator Turner of the 8th: A resolution commending Dr. Charles 0. Barker. SR 511. By Senator Turner of the 8th: A resolution commending James McEntire Beck. SR 512. By Senators Langford of the 35th, Engram of the 34th, Garner of the 30th and others: A resolution recognizing and commending the Georgia Association of Nurse Anesthetists. SR 513. By Senators Parker of the 15th, Walker of the 43rd, Egan of the 40th and others: A resolution commending the Honorable Theodore Joseph "Ted" Land. 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 Tuesday, March 6, 1990 THIRTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 766 Ragan, 32nd Clay, 37th Newbill, 56th Barnes, 33rd Cobb County Provides that one of the assistant solicitors of Cobb County shall be assigned to the Cobb County Adult Detention Center. TUESDAY, MARCH 6, 1990 2083 HB 1285 English, 21st Jenkins County Changes provisions relating to the compensation and reimbursement of ex penses of the chairman and members of the board of education. *HB 1396 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County Creates the Intergovernmental Council of Chatham County. (SUBSTITUTE) *HB 1856 Fincher, 54th Huggins, 53rd Catoosa County Provides for the compensation and allowances of the commissioner of Catoosa County; provides that the commissioner shall set the compensation of his staff. (SUBSTITUTE) *HB 1980 Dawkins, 45th Rockdale County Changes the provisions relating to the salary of the judge of the State Court of Rockdale County. (SUBSTITUTE) *HB 1981 Dawkins, 45th Rockdale County Changes the provisions relating to the compensation of the judge of the Pro bate Court of Rockdale County. (SUBSTITUTE) *HB 1982 Dawkins, 45th Rockdale County Changes the provisions relating to the compensation of the chairman and the other members of the board of commissioners. (SUBSTITUTE) *HB 1983 Dawkins, 45th Rockdale County Changes the provisions relating to the annual salary of the chief magistrate of the Magistrate's Court of Rockdale County. (SUBSTITUTE) *HB 1985 Dawkins, 45th Rockdale County Changes the provisions relating to the compensation of the sheriff of Rockdale County. (SUBSTITUTE) *HB 1989 Dawkins, 45th Rockdale County Changes the provisions relating to the salary of the tax commissioner of Rockdale County. (SUBSTITUTE) *HB 1990 Dawkins, 45th Rockdale County Changes the provisions relating to the compensation of the clerk of the supe rior court of Rockdale County. (SUBSTITUTE) 2084 JOURNAL OF THE SENATE HB 2014 English, 21st Emanuel County Changes the compensation of the members and chairman of the board of commissioners for Emanuel County. HB 2016 Kennedy, 4th Effingham County Town of Rincon Clarifies and redefines the corporate limits of the Town of Rincon. HB 2017 Dean, 31st Haralson County City of Tallapoosa Changes the corporate limits of the City of Tallapoosa. HB 2018 Ragan, 32nd Newbill, 56th Clay, 37th Barnes, 33rd Cobb County Changes the compensation of the tax commissioner, the chief clerk, and the executive secretary in the office of the tax commissioner of Cobb County. HB 2019 Harris, 27th Crawford County Changes the compensation of the members of the Board of Commissioners of Crawford County. HB 2020 Engram, 34th Fayette County City of Fayetteville Provides for the manner of electing members of the city council and the of fice of mayor. HB 2021 Echols, 6th Charlton County Changes the compensation provisions relating to the chairman and other members of the board of commissioners. HB 2022 Kennedy, 4th Tattnall County Changes certain provisions relating to compensation of the chairman and members of the board of commissioners for Tattnall County. HB 2024 Dean, 31st Fuller, 52nd Bartow County Changes the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the probate court; provides for a cost-ofliving adjustment. TUESDAY, MARCH 6, 1990 2085 HB 2025 Dean, 31st Fuller, 52nd Bartow County Changes the compensation of the chief magistrate; provides for a cost-of-living adjustment of the Magistrate Court of Bartow County. HB 2026 Dean, 31st Fuller, 52nd Bartow County Changes the compensation of the commissioner; provides for a cost-of-living adjustment. HB 2027 Dean, 31st Fuller, 52nd Bartow County Changes the compensation of the tax commissioner; provides for a cost-ofliving adjustment. HB 2028 Ragan, 32nd Newbill, 56th Clay, 37th Barnes, 33rd Cobb County Changes the compensation of the clerk and deputy clerk of the superior court. HB 2029 Barker, 18th Houston County Provides that Houston County may receive the proceeds of the special county 1 percent sales and use tax provided for in the Code, without such receipt resulting in a corresponding limitation of its ad valorem taxing powers. HB 2030 Ragan, 32nd Newbill, 56th Clay, 37th Barnes, 33rd Cobb County Changes the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. HB 2031 Echols, 6th Camden County Creates the Camden County Public Service Authority; provides a short title. HB 2036 Allgood, 22nd Albert, 23rd Richmond County City of Augusta Reduces the period within which candidates shall be required to file notice of candidacy and otherwise qualify to run for the office of mayor or the office of councilmember. HB 2037 Fincher, 54th Brannon, 51st 2086 JOURNAL OF THE SENATE Whitfield County City of Dalton Changes the provisions relating to special assessments for certain improve ments and provides for liens therefor and enforcement thereof. HB 2045 McKenzie, 14th Peach County Authorizes Peach County to exercise all redevelopment and other powers granted in the "Redevelopment Powers Law" as now or hereafter amended. HB 2047 Pollard, 24th Wilkes County Changes the provisions relating to the election and terms of members of the board of education. HB 2048 Echols, 6th Charlton County City of Folkston Changes the corporate limits of the City of Folkston. HR 956 Ragan, 32nd Newbill, 56th Clay, 37th Barnes, 33rd Cobb County Creates the Cobb County Legal Costs and Public Officers' Independent Counsel Study Commission. The substitutes to the following bills were put upon their adoption: *HB 1396: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1396: A BILL To be entitled an Act to create the Intergovernmental Council of Chatham County; to provide for the powers and duties of the council; to provide for the membership of such council; to provide for the terms of such members; to provide for filling vacancies; to provide for staff; to provide for reports of the council; to provide for matters relative to the forego ing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There is created the Intergovernmental Council of Chatham County. The council shall be composed of 17 members as follows: (1) The chairman of the Board of Commissioners of Chatham County, or his designee; (2) The mayor of the City of Savannah, or his designee; (3) The president of the Board of Public Education of the City of Savannah and the County of Chatham, or his designee; (4) The mayor of each of the seven municipalities located wholly or partially located in Chatham County, or his designee; (5) Two members from the Chatham County legislative delegation to be designated by the chairman of the delegation; and TUESDAY, MARCH 6, 1990 2087 (6) Six residents of Chatham County to be appointed by the legislative delegation, three by the Senate members of the delegation and three by the House delegation. (b) The members of the council who are elected officials shall serve on the council for the duration of their respective terms of office. The private citizen members of the council shall serve for terms of two years. A vacancy in any of the citizen member positions on the council shall be filled in the same manner as the original election for the remainder of the unexpired term. (c) The members of the Intergovernmental Council of Chatham County shall serve without compensation. The local governing authorities represented on the council shall co operate in providing the council with any assistance necessary to perform its duties under this Act. (d) (1) The first meeting of the council shall be the first Monday in April, 1990. The council shall meet at a location to be selected by the two members of the Chatham County legislative delegation who serve on the council. (2) The members of the council shall, at their first meeting, elect one of their number to serve as chairman. The council shall meet at least quarterly and may meet more frequently on the call of the chairman. (3) The first chairman shall serve until December 31, 1991. Thereafter, the chairman shall serve for a term of one year beginning January 1 and expiring December 31 of each year. Section 2. (a) The council shall perform the following duties and functions: (1) Serve as a forum for the discussion, study, and resolution of intergovernmental problems; (2) Evaluate on a continuing basis the interrelationships among Chatham County and the various local political subdivisions of the county in the provision of public services to the citizens of Chatham County; (3) Consider on its own initiative ways and means of fostering better relations and an effective working relationship among the political subdivisions of Chatham County; and (4) Develop short-term and long-range objectives, goals, and strategies for addressing the issues facing Chatham County. (b) The council shall issue an annual report of its findings and recommendations not later than December 31 of each year. (c) The council is authorized, in furtherance of its duties, to hold public hearings at various locations in the county to obtain input from residents of the county and its municipalities. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. *HB 1856: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1856: A BILL To be entitled an Act to amend an Act creating the office of the commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved January 31, 1986 (Ga. L. 1986, p. 3540), so as to provide for the com pensation and allowances of the commissioner; to provide that the commissioner shall set 2088 JOURNAL OF THE SENATE the compensation of his staff subject to certain requirements; to provide for limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of the commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved Janu ary 31, 1986 (Ga. L. 1986, p. 3540), is amended by striking Section 9 of said Act in its entirety and inserting in lieu thereof a new Section 9 to read as follows: "Section 9. (a) (1) The commissioner of Catoosa County shall be paid an annual salary in a base amount of $36,000.00. On January 1, 1991, and on that date each year thereafter, the base amount of the commissioner's annual salary for that calendar year shall be in creased from the base amount for the immediately preceding year by an amount or percent age equal to any cost-of-living increase by which the minimum salary of sheriffs is increased pursuant to general law for the calendar year in which the commissioner's new base amount is being computed. In the event such general law is amended so that sheriffs no longer receive salary increases determined by cost-of-living increases received by employees in the classified service of the state merit system, the cost-of-living increase in the base salary of the commissioner for a calendar year shall be the highest percentage cost-of-living increase received by employees in the classified service of the merit system for the fiscal year which ends in that calendar year. The base amount of the commissioner's annual salary also shall be increased by 5 percent for each four-year term of office served by the commissioner after January 1, 1991. The commissioner's salary shall be paid in equal monthly installments from the funds of Catoosa County. (2) The commissioner shall be authorized to purchase, at county expense, one automo bile for use outside and inside the county for official county business, which automobile may be replaced with a new automobile at county expense no more often than once every two years. The commissioner shall also be reimbursed by the county for his actual expenses when traveling out of the county on county business. The commissioner may also reimburse other county employees when traveling out of the county on county business. (b) The commissioner may employ one administrative assistant and clerical assistants as necessary. The compensation of such assistants shall be set by the commissioner within budgetary limits. The commissioner shall publish notice of any proposed compensation in crease for any member of his staff at least once in the legal organ of Catoosa County. (c) The commissioner shall keep his office at the courthouse open from 9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays." 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 39, nays 0, and the substitute was adopted. *HB 1980: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1980: A BILL To be entitled an Act to amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, so as to change the provisions relating to the salary of the judge of said court; to provide an effective date; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Court of Rockdale County, approved April 2, 1987 TUESDAY, MARCH 6, 1990 2089 (Ga. L. 1987, p. 5452), as amended, is amended by striking subsection (c) of Section 11 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) The judge shall devote full time to the duties of his office and he shall be paid a salary equal to 92.5 percent of the salary now or hereafter paid to the judge of the Superior Court of Rockdale County. Said salary shall be payable monthly out of the funds of Rockdale County. The salary of such judge shall be an expense of said court." 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 39, nays 0, and the substitute was adopted. *HB 1981: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1981: A BILL To be entitled an Act to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, so as to change the provisions relating to the compensation of the judge of the probate court; 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 an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The judge of the probate court shall receive an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligi bility requirements of the programs." 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 39, nays 0, and the substitute was adopted. *HB 1982: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1982: A BILL To be entitled an Act to amend an Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, so as to change the provisions relating to the compensation of the chairman and the other members of the 2090 JOURNAL OF THE SENATE board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Commissioners other than the chairman shall receive an annual salary for services as same equal to 16.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The chairman shall re ceive an annual salary for services as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary of the chairman and commissioners shall be paid in equal monthly installments paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsections (b) and (c) of this section, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman and other commission ers shall be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office." 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 39, nays 0, and the substitute was adopted. *HB 1983: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1983: A BILL To be entitled an Act to amend an Act creating a Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, so as to change the provisions relating to the annual salary of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by striking Section 12 of said Act and inserting in lieu thereof a new Section 12 to read as follows: "Section 12. The chief magistrate of the Magistrate's Court of Rockdale County shall receive an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements." 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 39, nays 0, and the substitute was adopted. TUESDAY, MARCH 6, 1990 2091 *HB 1985: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1985: A BILL To be entitled an Act to amend an Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The sheriff shall receive an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Pro gram and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs." 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 39, nays 0, and the substitute was adopted. *HB 1989: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1989: A BILL To be entitled an Act to amend an Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: "Section 4. The tax commissioner of Rockdale County shall receive an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supple ment or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The tax commissioner shall be authorized to appoint a chief deputy and four full-time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to participate in the Group Retirement Pro gram and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs." 2092 JOURNAL OF THE SENATE 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 39, nays 0, and the substitute was adopted. *HB 1990: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1990: A BILL To be entitled an Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; 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 fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The clerk of the Superior Court of Rockdale County shall receive an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly in stallments from the funds of Rockdale County. The clerk shall also be authorized to partici pate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs." 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 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bills and resolu tion as reported, was agreed to. On the passage of all the bills and resolution on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Bowen Broun Burton Collins Deal Dean Echols Edge English Engram Fincher Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd McKenzie Olmstead Parker Perry TUESDAY, MARCH 6, 1990 2093 Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Albert Brannon Clay Coleman Dawkins Egan Foster Fuller Garner Land Langford Newbill Peevy Phillips Scott of 2nd Shumake Tate On the passage of all the local bills and resolution, the yeas were 39, nays 0. All the bills and resolution on the Senate Local Consent Calendar, except HB 1396, HB 1856, HB 1980, HB 1981, HB 1982, HB 1983, HB 1985, HB 1989 and HB 1990, having received the requisite constitutional majority, were passed. HB 1396, HB 1856, HB 1980, HB 1981, HB 1982, HB 1983, HB 1985, HB 1989, and HB 1990, having received the requisite constitutional majority, were passed by substitute. SENATE RULES CALENDAR Tuesday, March 6, 1990 THIRTY-EIGHTH LEGISLATIVE DAY HR 779 Glynn County--easement for certain beach area (Pub U--3rd) HB 744 Contracts Contravening Public Policy--change provisions (Substitute) (Judy--47th) HR 850 Cherokee County--conveyance of certain state property (Pub U--37th) HR 836 Property Assessment for Ad Valorem Taxation--based on current use value (Substitute) (B&F--8th) HB 1946 Coweta Judicial Circuit Superior Courts--additional judge (Judy--29th) HB 1480 Public Utility Taxes Due State, City, County--executions against (B&F--43rd) HB 1350 Bond Forfeitures--judgment null, void in certain cases (Substitute) (S Judy--48th) HB 164 Marijuana, Controlled Substance--taxation (B&F--7th) HB 1598 Student Identification Cards--Board of Education provide form, content (Ed--40th) HB 999 Health Care--competent adult appoint attorney for decisions (Hum R--43rd) HB 1520 Administrative Procedure Act--relating to rules of Board and Department of Education and Regents (Substitute) (Ed--36th) HB 1763 Rapid Rail Passenger Service--Public Service Commission jurisdiction (Pub U--28th) HB 770 Hotel/Motel Tax--rate levied by cities/counties (Amendment) (B&F--44th) HB 1651 Blasting, Excavating--"utilities protection center" for notification (Substitute) (I&L--41st) HB 1679 Real Estate License--reinstatement requirements, nonresident provision (I&L--45th) HB 1630 Emergency Medical Technicians, Firemen, Etc. Indemnification--on duty re turning from emergencies (Pub S--15th) 2094 JOURNAL OF THE SENATE HB 1728 Detention Facility--full-time jailer to incarcerate (Corr--30th) HB 1248 Government Buildings Financed with State Funds--marker with certain names (U&CA G--25th) HB 1686 Boiler, Pressure Vessel Safety Act--vessels for electricity, steam (I&L--45th) HR 731 Desmond T. Doss Medal of Honor Highway--designate (Trans--53rd) HB 278 Proposed and Existing Corporation Boundary--exception to distance between (Amendment) (U&CA G--40th) HB 553 Board of Education--stipends for aides, personnel for development program (Ed--35th) HB 1711 Taxable Net Income--one-time exclusions, certain Teachers Retirement contri butions (B&F--43rd) HB 1316 Child Abuse--reporting, notification (Substitute) (Judy--29th) HB 1317 Central Child Abuse Registry--provide (Substitute) (Judy--29th) HB 1318 Child Abuse Protocol Committees--medical examiner make reports on certain deaths (Substitute) (Judy--29th) HB 1319 Child Abuse Records--persons having access to (Substitute) (Judy--29th) HB 1158 Criminal Trespass by Motor Vehicle--parking area signs (I&L--45th) HB 1574 Augusta Judicial Circuit Superior Court Judges--increase to six (Judy--22nd) HR 684 Fulton County--easement for audio visual cable, state property (Pub U--41st) HB 1280 Child Abuse Records--Personnel Board have access (Substitute) (C&Y--15th) HB 1674 Medicare Supplement Insurer--regulation of marketing practices (Ins--16th) HB 1518 Education Partnership Act of 1990--provide (Ed--56th) HB 1641 First Grade Readiness--change provisions on assessments (Ed--56th) HB 1854 Official Code of Georgia Annotated--effects of changes in census data, congres sional districts (Amendments) (Gov Op--25th) HB 1753 Workers' Compensation Insurer--offer optional deductibles for holder (Substi tute) (I&L--50th) HB 1228 Undefended Divorce--repeal provisions on District Attorney determining if grounds legal (Judy--15th) HB 1614 Public Revenue Code--revise provisions on Georgia taxes (B&F--46th) HB 1640 Teacher Support Specialists--provide (Substitute) (Ed--50th) HB 1620 Sales Under Tax Execution--change provisions (Substitute) (B&F--26th) HB 1617 Juvenile Courts--collection and use of fees for certain services (Substitute) (C&Y--18th) HB 1309 Legislative Services Committee--provisions on meetings, invoice approval (Rules--22nd) HB 1425 Mobile Homes--prohibit moving without location decal (B&F--14th) HR 872 Joint Abortion Study Committee--create (Substitute) (Hum R--28th) HB 842 AIDS Information Disclosure--mentally ill, alcoholic, drug dependent persons certain proceedings (Substitute) (Gov Op--25th) HB 1184 First Offender--adjudication to destroy criminal record (Judy--24th) HB 1790 Funeral Directors, Embalmers--definitions, legislative purpose (Gov Op--30th) HR 796 Emerging Crops Loan Fund--appropriation of funds (Ag--21st) HR 761 Dick Hunter Memorial Bridge--designate (Trans--7th) HB 1498 Appeals--when judgment less than certain dollar amount (Judy--49th) TUESDAY, MARCH 6, 1990 2095 HB 1553 Covenant Restricting Land to Certain Uses--extension provisions, certain coun ties (Gov Op--25th) HB 1754 Metropolitan Atlanta Olympic Games Authority Act--local, state participation (U&CA G--40th) HB 1610 Small Minority Business Development Corporation--$50,000 to commence (Gov Op--25th) HB 1567 Certain Ordinance Violations--increase fines (Amendment) (S Judy--52nd) HB 1951 Flint Judicial Circuit Superior Courts--third judge (Judy--17th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general resolution and bill of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HR 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. Senate Sponsor: Senator Hammill of the 3rd. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Broun BC.- ou.lretomnan Collins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Hammill HTHToarwriasrdi Huggins Johnson Kennedy Kidd McKenzie Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray oaQCTM, Otttt nOft oocbttvr,i tarr , Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Albert Barker Brannon Clay Dawkins Egan Fuller Land Langford Newbill Perry Phillips Scott of 2nd Shumake Timmons On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 2096 JOURNAL OF THE SENATE HB 744. By Representative Groover of the 99th: A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of said chapter. Senate Sponsor: Senator Johnson of the 47th. The Senate Committee on Judiciary offered the following substitute to HB 744: A BILL To be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter; to provide rules and guidelines to determine if contracts are in partial re straint of trade; to provide that loss or forfeiture provisions conditioned upon the occur rence of competition or other specified acts or events are not restraints of trade; to provide procedures for identification, clarification, and reformulation of agreements; to provide rules and guidelines to determine the enforceability of loss or forfeiture provisions that are com bined with partial restraints of trade; to define certain terms; to provide for enforcement; to provide for construction and application; to provide for an effective date and for applicabil ity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 13-8-2, relating to contracts contravening public policy gener ally, and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Contracts in general restraint of trade, as distinguished from contracts in partial restraint of trade as provided for in Code Section 13-8-2.1;". Section 2. Said chapter is further amended by adding between Code Sections 13-8-2 and 13-8-3 a new Code Section 13-8-2.1 to read as follows: "13-8-2.1. (a) Contracts that restrain in a reasonable manner any party thereto from exercising any trade, business, or employment are contracts in partial restraint of trade and shall not be considered against the policy of the law, and such partial restraints, so long as otherwise lawful, shall be enforceable for all purposes. Without limiting the generality of the foregoing, contracts of the type described in subsections (b) through (d) of this Code section are considered to be reasonable. (b) (1) As used in this subsection, the term: (A) 'Affiliate' means: (i) a person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a specified person or entity; (ii) any entity of which a specified person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting or profits interest of such entity; (iii) any trust or other estate in which the specified person or entity has a beneficial interest of 25 percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; and (iv) the spouse, lineal ances tors, lineal descendants, and siblings of the specified person, as well as their spouses. (B) 'Business' means any line of trade or business involved in a sale. TUESDAY, MARCH 6, 1990 2097 (C) 'Buyer' means any person or entity, including any successor-in-interest to such an entity, that acquires a business or a controlling interest in a business. (D) 'Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business: (i) which accounts for 25 percent or more of the voting or profits interest of the business prior to the sale, alone or in combination with the interest or participation held by affiliates of such person or entity; or (ii) the sale of which results in the owner thereof receiving consideration worth at least $500,000.00, inclu sive of any consideration received for the sale of business covenant. (E) 'Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise. (F) 'Sale of business covenant' means any agreement described in paragraph (2) of this subsection or any substantially equivalent agreement. (G) 'Seller' means any person or entity, including any successor-in-interest to such an entity, that is: (i) an owner of a controlling interest; or (ii) an affiliate of a person or entity described in division (i) of this subparagraph; provided, however, that each sale of business covenant shall be binding only on the person or entity entering into such covenant, its successors-in-interest, and, if so specified in the covenant, any entity that directly or indirectly through one or more intermediaries is controlled by or is under common control of such person or entity. (2) A seller may agree in writing for the benefit of a buyer to refrain from: (A) Carrying on or engaging in any activity competitive with the business; or (B) Soliciting or accepting business from the business's customers which were custom ers at or prior to the time of the sale, including actively sought prospective customers, for purposes of providing products or services competitive with those provided by the business within the geographic area or areas where the business conducts its operations at the time of the sale, including any area where the business's customers and actively sought prospective customers are present and including any area into which the business is reasonably expected to expand, provided that such activity, business, and area must be described in such writing. A sale of business covenant may, if reasonable to protect the interests of the buyer or the good will of the business, be worldwide. A sale of business covenant may extend for any period of time that is reasonable to protect the interests of the buyer or the good will of the business. Each sale of business covenant shall, however, be considered to terminate at the time the business is discontinued or either the seller, including all successors-in-interest, or the buyer, including all successors-in-interest, ceases to exist. (c) (1) As used in this subsection, the term: (A) 'Business' means any line of trade or business conducted by an employer. (B) 'Employee* means: (i) an executive employee, officer, manager, or key employee; (ii) research and development personnel or other persons or entities, including independent contractors, in possession of confidential information that is important to the business; (iii) any other person or entity, including an independent contractor, in possession of selective or specialized skills, learning, or abilities or customer contacts or customer information; or (iv) any party to a partnership agreement, franchise, distributorship, license agreement or sales agent, broker, representative, or supervisor. (C) 'Employer' means any corporation, partnership, proprietorship, or other organiza tion, including any successor-in-interest to such an entity, that conducts a business or any person or entity that directly or indirectly owns an equity interest or ownership participa tion in such an entity that accounts for 50 percent or more of the voting or profits interest of such entity. (D) 'Material contact' exists between an employee and each customer or potential cus tomer: (i) with whom the employee dealt; (ii) whose dealings with the employer were coordi- 2098 JOURNAL OF THE SENATE nated or supervised by the employee; (iii) about whom the employee obtained confidential information in the ordinary course of business as a result of such employee's association with the employer; or (iv) who receives products or services authorized by the employer, the sale or provision of which results or resulted in compensation, commissions, or earnings for the employee within two years prior to the date of employee's termination. (E) 'Post-employment covenant' includes any agreement described in paragraphs (2) through (4) of this subsection or any substantially equivalent agreement. (F) 'Products or services' means anything of commercial value, including without limi tation goods, personal, real, or intangible property, services, financial products or services, business opportunities or assistance, or any other object or aspect of business or the conduct thereof. (G) 'Termination' means the termination of an employee's engagement with an em ployer, whether with or without cause and upon the initiative of either party, provided that any possible inequity that results from the discharge of an employee without cause or in violation of a contractual or other legal obligation of the employer may be considered as a factor affecting the choice of an appropriate remedy. (2) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from conducting activity that is competitive with the activities the employee conducted for the employer within the geographic area or areas where the employee conducted such activities at or within a reasonable period of time prior to termination, provided that such activity and area must be described in such writing. The geographic area in which an employee works may include any area where any opera tions performed, supervised, or assisted in by the employee were conducted and any area where customers or actively sought prospective customers of the business with whom the employee had material contact are present. (3) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting or accepting, or attempting to solicit or accept, directly or by assisting others, any business from any of such business's customers, including actively sought prospective customers, with whom the employee had material contact during his employment for purposes of providing products or services that are competitive with those provided by the employer's business. No express reference to geographic area or the types of products or services considered to be competitive shall be required in order for the restraint to be enforceable. Any reference to a prohibition against 'soliciting or accepting business from customers,' or similar language, shall be adequate for such purpose and narrowly construed to apply only to: (A) such of the business's customers, including actively sought prospective customers, with whom the employee had material con tact; and (B) products and services that are competitive with those provided by the em ployer's business. (4) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from recruiting or hiring, or attempting to re cruit or hire, directly or by assisting others, any other employee of the employer or its affili ates. No express reference to geographic area shall be required. Any reference to a prohibi tion against recruiting or hiring, or attempting to recruit or hire, other employees shall be narrowly construed to apply only to other employees who are still actively employed by or doing business with the employer or its affiliates at the time of the attempted recruiting or hiring. (5) To the extent so stated in the post-employment covenant, a post-employment cove nant may provide that any violation of the restraint shall automatically toll and suspend the period of the restraint for the amount of time that the violation continues, provided that the employer seeks enforcement promptly after discovery of the violation. (6) A duration of two years or less in the case of a restraint of the type described in paragraph (2) of this subsection (c), and three years or less in the case of a restraint of the TUESDAY, MARCH 6, 1990 2099 type described in paragraphs (3) and (4) of this subsection (c) shall be presumed to be reasonable as the period of time stated for any post-employment covenant. (d) Any restriction that operates during the term of an employment agreement, agency agreement, independent contractor agreement, partnership agreement, franchise, distribu torship agreement, license, shareholders' agreement, or other ongoing business agreement shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or territory, so long as it promotes or protects the purpose or subject matter of the agreement or deters any potential conflict of interest. (e) (1) Activities, products, or services that are competitive with the activities, products, or services of an employer may include activities, products, or services that are the same as or similar to the activities, products, or services of the employer. Whenever a description of activities, products and services, or areas is required by this Code section, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is generalized or could possibly be stated more narrowly to exclude extraneous matters. (2) In the case of a post-employment covenant entered into prior to termination, any good faith estimate of the activities, products and services, or areas that may be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capa ble of including or ultimately proves to include extraneous activities, products and services, or areas. The post-employment covenant shall be construed ultimately to cover only so much of such estimate as relates to the activities actually conducted, the products and ser vices actually offered, or the areas actually involved within a stated period of time prior to termination. Activities, products, or services shall be considered sufficiently described if a reference to the activities, products, or services is provided and qualified by the phrase 'of the type conducted, authorized, offered, or provided within one year prior to termination,' or similar language. Further, the phrase 'the areas where the (employee) is working at the time of (termination)' shall be considered sufficient as a description of areas if the person or entity bound by the restraint can reasonably determine the maximum reasonable scope of the restraint at the time of termination. (f) In the interest of reducing or eliminating any unclear or overbroad aspect of the restraint, the persons or entities that benefit from any existing restraint may provide the persons or entities bound by such restraint with a clarification or reformulation of the re straint, whether or not the clarification or reformulation was requested, so long as it is no broader than the terms of the original restraint. Any clarification or reformulation on lesser terms so provided by the persons or entities that benefit from the restraint shall supersede any conflicting terms of the restraint and be binding regardless of whether additional con sideration is provided. The person or entity bound by the restraint may rely absolutely on such clarification or reformulation in complying with the terms of such restraint. (g) (1) Every court of competent jurisdiction shall enforce through any appropriate remedy every contract in partial restraint of trade that is not against the policy of the law or otherwise unlawful. In the absence of extreme hardship on the part of the person or entity bound by such restraint, injunctive relief shall be presumed to be an appropriate remedy for the enforcement of the contracts described in subsections (b) through (d) of this Code sec tion. If any portion of such restraint is against the policy of the law in any respect but such restraint, considered as a whole, is not so clearly unreasonable and overreaching in its terms as to be unconscionable, the court shall enforce so much of such restraint as it determines by a preponderance of the evidence to be necessary to protect the interests of the parties that benefit from such restraint. Such a restraint shall be subject to partial enforcement, whether or not it contains a severability or similar clause and regardless of whether the unlawful aspects of such restraint are facially severable from those found lawful. (2) The enforceability of any partial restraint of trade shall be determined and shall be enforced independently of the enforceability of any other covenant or part thereof contained in the same contract or arrangement. 2100 JOURNAL OF THE SENATE (3) Contractual terms that provide for a loss or forfeiture of rights or benefits condi tioned upon any specified act or event shall not be considered a restraint of trade. The fact that any such loss or forfeiture provision is contained in the same agreement or contract with an otherwise valid partial restraint of trade shall not impair the validity or enforceability of either such loss or forfeiture provision or such restraint, and the enforcement of either term shall not serve as grounds for delaying or withholding enforcement of the other term, including enforcement by injunctive relief. If a loss or forfeiture provision is contained in an agreement or contract that also contains other terms that are determined to be, in some respects, an unreasonable and unenforceable restraint of trade, such loss or forfeiture provi sion shall nonetheless be enforceable to the extent it may lawfully serve the purposes and interests of the parties that benefit from such provision. Such a loss or forfeiture provision shall be subject to enforcement, whether or not it contains a severability or similar clause, and regardless of whether the unlawful aspects of such restraint are facially severable from those found to be unlawful." Section 2. This Act takes effect on July 1, 1990. As a statement of public policy, this Act shall have general applicability to the fullest extent permitted by law. This Act shall further apply to all remedies sought or granted after the effective date with respect to the subject matter 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 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: Allgood Baldwin Barnes Bowen Brannon Broun ^Cluaryton Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Garner illis Haar"r1i0s11 Huggins Johnson Kennedy Kidd Newbill Parker Peevy Perry Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th S,, humake o, Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Albert Barker Dawkins Fuller Howard Land Langford McKenzie Olmstead Phillips Ragan of 10th Timmons On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. TUESDAY, MARCH 6, 1990 2101 Senator Burton of the 5th moved that the following bill of the House, having been read the third time on February 28 and placed on the Table, be taken from the Table: HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and others: A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Brannon ro"n p,urton PUCoo,llleimnsan Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Gillis Hammill Harris Howard Huggms Kennedy Kidd Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd S0Shc1outm.t1aokfe36th Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Albert Barker Fuller Garner Johnson Land Langford McKenzie Taylor Timmons On the motion, the yeas were 46, nays 0; the motion prevailed, and HB 1512 was taken from the Table. The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption: HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A resolution authorizing the conveyance of certain state owned real property lo cated in Cherokee County, Georgia. Senate Sponsor: Senator Clay of the 37th. Senator Clay of the 37th offered the following amendment: Amend HR 850 (A) by inserting at line 5, page 1, in place of "State of Georgia" the words "Georgia Department of Transportation"; (B) inserting at line 5, page 2, in place of "State of Georgia" the words "Georgia De partment of Transportation". At line 6, page 2, inserting after the word "property", the 2102 JOURNAL OF THE SENATE words "and such property has been determined to be surplus" instead of the present lines 6--9 after the word "property" on line 6; (C) inserting after the word "to" on line 11, page 2, the words "the Cherokee Chamber of Commerce" in place of line 12. Replace on line 13, page 2, the words "State of Georgia" with the words "Georgia Department of Transportation". Replace the words "the State Properties Commission" on lines 13 and 14 of page 2 with the words "its Commissioner". Delete all words on lines 15 and 16, page 2, after the word "consideration" on line 15, page 2; (D) Replace the words "Executive Director of the State Properties Commission for his approval" on lines 19 and 20, page 2, with the words "Georgia Department of Transporta tion for its approval.". 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 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: Baldwin Barnes Brannon Broun Burton p ,y DPCoealfll.mmsan Dean Echols Edge Egan English Engram Fincher Foster Gillis Hammill Harris KTK^el.dnJdJnedy Land Newbill Olmstead Parker Peevy Those not voting were Senators: Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd ScS.^ct.aortrt of 36th Stumbaugh Tate Timmons Tysinger Walker Albert AUgood BBoawrkeenr Dawkins Fuller Garner Howard THIuggms Johnson Langford McKenzie Ragan of 10th S,,.humak, e Taylor Turner On the adoption of the resolution, the yeas were 40, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. TUESDAY, MARCH 6, 1990 2103 HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th and others: Senate Sponsor: Senator Turner of the 8th. 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; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (a) and inserting in its place a new subparagraph to read as follows: "(a) All taxes shall be levied and collected under general laws and for public purposes only. Real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value. Except as otherwise provided in this subparagraph and in subparagraphs (c) and (d), all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax." 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 all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Committee on Banking and Finance offered the following substitute to HR 836: A RESOLUTION Proposing an amendment to the Constitution so as to encourage the preservation, con servation, and protection of bona fide conservation use properties, including farms and for ests of not more than 2,000 acres, through conservation use tax assessment, and so as to assess all standing timber at two and one-half times the assessed percentage of value of other real property only when it is harvested; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows: "(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (c), (d), and (e), all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax." Section 2. Article VII, Section I, Paragraph III of the Constitution is amended by strik- 2104 JOURNAL OF THE SENATE ing subparagraph (e) and inserting in its place new subparagraphs (e) and (f) to read as follows: "(e) Tangible real property which is devoted to bona fide conservation use purposes shall be assessed for ad valorem taxation as follows: (1) The General Assembly shall provide by general law: (A) For a definition of the term 'bona fide conservation use properties,' not to exceed 2,000 acres of any single property owner meeting the qualifications of division (c)(l) of this Paragraph, including bona fide agricultural and timberland properties devoted primarily to growing trees and timber (but excluding standing timber), raising of livestock, or production of agricultural crops, horticultural crops, forest crops, or any combination thereof which has been devoted to such use for at least five successive years preceding the tax year for which application for conservation use assessment is made; (B) For establishment of an appropriate tax recapture for the change of use from a conservation use to a nonqualifying use of such property within ten years from the date of enrollment in conservation use; and (C) For methods of conservation use assessment of qualified properties to be deter mined by a formula based on the current use and annual productivity of such property and real property market sales data, provided that in no event shall the tax collected be on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c) or (d) of this Paragraph; (2) Standing timber shall be assessed only once, and such assessment shall be made in the taxable year following the year of harvest. Said assessment shall be two and one-half times the assessed percentage of value of other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph and shall for such year be subject to the same millage rates applicable to other taxable property; but in no event shall the assessed percentage of value be greater than the fair market value; (3) No property shall be entitled to both the provisions of this subparagraph (e) and the preferential assessment as provided in subparagraph (c) of this Paragraph, but any property shall be entitled to only one of them; and (4) If as the result of the implementation of the provisions of this subparagraph (e) or any Act of the General Assembly pursuant to this subparagraph (e) the total property tax digest of any county for tax year 1992 is reduced by greater than 30 percent, the county digest may be supplemented by adding to the digest for tax year 1992: (A) Assessed value equal to the total assessed value of standing timber removed from the digest pursuant to division (e)(2) of this Paragraph, such assessed value to be assigned on an equal per-acre basis to the land underlying the timber so removed from the digest; and (B) Assessed value equal to the total reduction in the digest as a result of decreased valuation of qualified conservation use properties pursuant to subdivision (e)(l)(C) of this Paragraph, such assessed value to be assigned on an equal per-acre basis to such qualified conservation use properties. Where a digest is so supplemented for tax year 1992, it shall be supplemented in subsequent years until the digest exclusive of such supplement is equal to or greater than the digest for tax year 1991. The total supplement shall for each such subsequent year, however, be re duced by an amount equal to the annual increase, if any, in the digest exclusive of the supplement. Such decrease shall be assigned pro rata to the standing timber supplement provided for in subdivision (A) of this division (4) and the conservation use supplement provided for in subdivision (B) of this division (4). (f) The General Assembly may provide for a different method and time of returns, as sessments, payment, and collection of ad valorem taxes of public utilities, but not on a TUESDAY, MARCH 6, 1990 2105 greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e)." Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to encourage the preservation, con servation, and protection of bona fide conservation use properties, including farms and forests of not more than 2,000 acres, through conservation use tax assessment and so as to assess all standing timber at two and one-half times the assessed percentage of value of other real property only when it is har vested?" 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 and shall take effect January 1, 1992. Senator Deal of the 49th offered the following amendment: Amend the substitute to HR 836 offered by the Senate Committee on Banking and Finance by adding on line 14, page 2, after the word "livestock" the words "or poultry". 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 42, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker 2106 JOURNAL OF THE SENATE Voting in the negative was Senator Egan. Not voting was Senator Langford. On the adoption of the resolution, the yeas were 54, nays 1. The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute. Senator Phillips of the 9th introduced the doctor of the day, Dr. Larry W. Anderson, of Snellville, Georgia. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto: HB 1329. By Representatives Bargeron of the 108th and Godbee of the 110th: A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance of the members of the board. The House amendment was as follows: Amend the Senate amendment to HB 1329 by striking from lines 3 through 7 of page 1 the following: "Amend HB 1329 by striking from line 14 of page 1 the following: '$200.00', and inserting in lieu thereof the following: '$250.00'.", and inserting in its place the following: "Amend HB 1329 by striking from lines 13 through 15 of page 1 the following: 'Each member of the board shall receive a salary of $200.00 per month payable from the funds of Burke County. In addition, each member shall', and inserting in its place the following: 'The chairman of the board of education shall receive a salary of $250.00 per month payable from the funds of Burke County. Each member of the board of education other than the chairman shall receive a salary of $200.00 per month payable from the funds of Bshuarlkl'e." County. In addition, the chairman and each member of the board of education Senator English of the 21st moved that the Senate agree to the House amendment to the Senate amendment to HB 1329. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Broun Burton Clay Coleman Deal Dean Echols Edge Egan English Engram TUESDAY, MARCH 6, 1990 2107 Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson Kennedy Kidd Newbill Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Barker Bowen Brannon Collins Dawkins Garner Harri8 Land Langford McKenzie Olmstead Ragan of 10th laylor Timmons On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1329. The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto: SR 427. By Senator Fuller of the 52nd: A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date. The House substitute to SR 427 was as follows: A RESOLUTION Granting nonexclusive easements for construction, operation, and maintenance of natu ral gas transmission and distribution pipelines in, on, under, over, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Land Lots 210 and 211, 23rd Land District of FLoyd County, Georgia; and WHEREAS, the Georgia Department of Transportation is constructing the East Rome Bypass, and a portion of said bypass crosses state property which is in the custody of the Department of Defense; and WHEREAS, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville currently have easements over state property and construction of said East Rome Bypass will necessitate the relocation of easement areas for Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville; and WHEREAS, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville desire to cooperate with the State of Georgia and the Georgia Depart ment of Transportation and are willing to relocate their easement areas to accommodate the construction of the East Rome Bypass; and WHEREAS, the Georgia Department of Defense has requested that these easements, with the same rights and privileges in favor of Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, be relocated to accommodate the construc tion of the East Rome Bypass. 2108 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 hereinafter described real prop erty, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, 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, may grant to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville easements with the same rights and privileges as those being extin guished by the construction of the East Rome Bypass. Said easement areas are located in Land Lots 210 and 211 of the 23rd Land District, Floyd County, Georgia, and are particu larly described on Department of Transportation drawings dated October 31, 1989, on file in the office of the State Properties Commission, and to be more particularly described on a plat of survey to be presented to and approved by the State Properties Commission. Section 3. That Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville shall have the right to remove or cause to be removed from said ease ment areas only such trees and bushes as may be reasonably necessary. Section 4. That, upon abandonment, Southern Natural Gas Company, Plantation Pipe line Company, and the City of Summerville and their successors and assigns shall have the option of removing their facilities from the easement areas or leaving the same in place, in which event the facilities shall become the property of the State of Georgia and its succes sors and assigns. Section 5. That no title shall be conveyed to Southern Natural Gas Company, Planta tion Pipeline Company, and the City of Summerville, and, except as herein specifically granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Natural Gas Com pany, Plantation Pipeline Company, and the City of Summerville. Section 6. That the easements granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best inter est of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted. Section 7. That the consideration for each such easement shall be the mutual benefit to the parties. Section 8. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement areas. Section 9. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10. That all laws and parts of laws in conflict with this resolution are repealed. Senator Fuller of the 52nd moved that the Senate agree to the House substitute to SR 427. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon TUESDAY, MARCH 6, 1990 2109 Broun Burton Clay Coleman olli,ns aw;klns Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill Huggins Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake c tarr ,_ , Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Bowen Garner Harris Howard Johnson Langford McKenzie Ragan of 10th Timmons On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 427. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1173. By Representatives Lane of the 27th and Selman of the 32nd: A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System. Senator Tate of the 38th moved that the Senate recede from the Senate substitute to HB 1173. 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 *toTM urton Coleman Collins Echols Egan English Engram Fincher Foster Fuller Gillis Hammill Howard Huggins Johnson KeTMedv Kldd Land McKenzie Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Turner Tysinger Walker Voting in the negative was Senator Shumake. 2110 JOURNAL OF THE SENATE Those not voting were Senators: Barker Bowen Dawkins Deal Dean Edge Garner Harris Langford Peevy Taylor Timmons On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate receded from the Senate substitute to HB 1173. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 591 was as follows: 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 physically im paired, so as to provide that the Public Service Commission shall establish, implement, ad minister, and promote a state-wide single provider dual party telephone relay system; to provide for legislative findings and declarations; to provide for maintenance surcharges; to provide for duties, powers, and authority of the Public Service Commission with respect to the foregoing; to provide for confidentiality and the protection of privacy; to provide that the Public Service Commission and the provider of the dual party relay system service shall have immunity from liability with respect to the establishment and operation of such sys tem; to provide that employees of the provider of the dual party relay system service shall not be liable with respect to the establishment and operation of such system except under certain limited circumstances; to provide for contracts and carrier selection; to provide for operation not later than July 1, 1991; to provide for rates and charges; to provide exemp tions from franchise and sales and use taxes; 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 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 lieu thereof 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 TUESDAY, MARCH 6, 1990 2111 provide basic telecommunication services to all citizens of this state who, because of physi cal impairments, particularly hearing and speech impairments, cannot otherwise communi cate over the telephone. (b) The commission shall establish, implement, administer, and promote a state-wide single provider dual party relay service operating seven days per week, 24 hours per day, and contract for the administration and operation of such relay service. (c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly mainte nance surcharge on all residential and business local exchange access facilities. For the pur pose of this subsection, 'exchange access facility' means the access from a particular tele phone 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 mon ies 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 telecommunication 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 personal identi fying 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) Neither the commission nor the provider of the dual party relay system service nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees of the provider of the dual party relay system service shall be liable for any claims, actions, dam ages, or causes of action arising out of or resulting from the establishment, participation in, or operation of the dual party relay system service. (f) 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. (g) The commission shall provide that the dual party telephone relay telephone system shall be operational no later than July 1, 1991." 2112 JOURNAL OF THE SENATE Section 2. Said Part 1A is further amended by adding at the end thereof a new Code Section 46-5-31 to read as follows: "46-5-31. (a) Long-distance and all other applicable rates and charges, including the surcharge required by this part, shall apply to the users of the dual party relay system in the same manner as all other telephone subscribers, but no additional charges may be im posed for the use of the relay system. Local exchange telephone companies shall be compen sated for any collection, inquiry, or other administrative services provided by said compa nies in conjunction with the operation of the dual party relay system. (b) The surcharge created by this part and collected by the local exchange telephone companies is not includable in gross receipts subject to franchise tax allowed pursuant to C48o.d"e Section 36-34-2 or subject to the sales and use taxes levied under Chapter 8 of Title Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Scott of the 2nd moved that the Senate agree to the House substitute to SB 591. 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 Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Barker Bowen Brannon Broun Gillis Langford McKenzie Taylor On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 591. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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. TUESDAY, MARCH 6, 1990 2113 The House amendment was as follows: Amend SB 566 as follows: On page 1, line 15 and 16, delete "$50.00" and insert "$100.00". Senator Egan of the 40th moved that the Senate agree to the House amendment to SB 566. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Brannon Broun Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Hammill Harris Howard Huggins Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Timmons Turner Tysinger Walker Those voting in the negative were Senators: Albert Burton English Those not voting were Senators: Barker Garner Gillis Johnson Langford McKenzie Pollard Scott of 2nd Shumake Starr Taylor On the motion, the yeas were 42, nays 3; the motion prevailed, and the Senate agreed to the House amendment to SB 566. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 623 was as follows: A BILL To be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia 2114 JOURNAL OF THE SENATE 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 appointed 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 congressional districts and one member appointed from the state at large shall take office on 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. TUESDAY, MARCH 6, 1990 2115 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, but not beyond the level of the second year of postsecondary study; provided, however, that the level of such educational programs shall be subject to the avail ability of funds appropriated by the General Assembly. The student enrollment of the col lege shall reflect as closely as possible the racial and demographic makeup of the state. 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. 2116 JOURNAL OF THE SENATE 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. Senator Foster of the 50th moved that the Senate agree to the House substitute to SB 623. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate TUESDAY, MARCH 6, 1990 2117 Timmons Turner Tysinger Those not voting were Senators: Walker Albert Dawkins Dean Gillis Langford Scott of 2nd Taylor On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 623. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 636 on page 1, line 15 by changing "or" to "and"; and on line 23 by deleting the word "highly". Senator Johnson of the 47th moved that the Senate agree to the House amendment to SB 636. 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 Burton Clay Collins Dawkins Deal Dean Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Huggins Johnson Kidd Land Newbill Olmstead Parker Those not voting were Senators: Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Shumake Stumbaugh Tate Timmons Turner Tysinger Walker Albert Brannon Broun Coleman Echols Gillis Howard Kennedy (excused) Langford McKenzie Scott of 2nd Scott of 36th Starr (excused) Taylor 2118 JOURNAL OF THE SENATE On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 636. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1946. By Representatives Thomas of the 69th, Simpson of the 70th, Meadows of the 91st and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor. Senate Sponsors: Senators Baldwin of the 29th and Garner of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Brannon Broun Burton vDr;/ao,wifl.iknisns j}eal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill HTHToarwriasrdj Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th RTRaaygan of 32nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Those not voting were Senators: Albert Allgood (excused) Bowen Coleman Kennedy (excused) Langford Scott of 2nd Starr (excused) Taylor Walker On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1480. By Representatives Aaron of the 56th, Richardson of the 52nd, Redding of the 50th and Moultrie of the 93rd: A bill to amend Code Section 48-5-512 of the Official Code of Georgia Annotated, relating to the issuance of executions against public utilities failing to file returns with the state revenue commissioner, so as to authorize the state revenue com- TUESDAY, MARCH 6, 1990 2119 missioner or the tax collector or tax commissioner of each county to issue execu tions against public utilities for the amount of taxes due the state, the county, a county school district, or any municipality within the county. 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: Baldwin Barker Barnes Brannon Clay CDoalwliknisns Deal Dean Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hanmiill Hams HHuogwgairnds Johnson Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard RaganoflOth R of 32nd R ^ Scott ,f 36th. Shumake Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Albert Allgood (excused) Bowen Coleman Echols Kennedy (excused) Kidd Langford Scott of 2nd Starr (excused) Taylor Timmons On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 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. Senate Sponsor: Senator Peevy of the 48th. The Senate Committee on Special Judiciary offered the following substitute to HB 1350: A BILL To be entitled an Act to amend Code Section 17-6-71 of the Official Code of Georgia Annotated, relating to execution hearings on the failure of principals to appear, so as to change the time limits within which an execution hearing shall be held; to repeal conflicting laws; and for other purposes. 2120 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-6-71 of the Official Code of Georgia Annotated, relating to execution hearings on the failure of principals to appear, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, order an execution hearing not sooner than 90 days but not later than 150 days after such failure to appear. Notice of the execution hearing shall be served by certified mail to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Brannon Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Albert Allgood (excused) Baldwin Bowen Broun Howard Kennedy (excused) Kidd Land Langford Phillips Scott of 2nd Starr (excused) Taylor On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and con trolled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to pro- TUESDAY, MARCH 6, 1990 2121 vide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution. Senate Sponsor: Senator Perry of the 7th. Senator Egan of the 40th moved that HB 164 be placed on the Table. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bowen Broun Dawkins Egan Engram Harris Howard Johnson Kidd Olmstead Parker Peevy Shumake T1 nOLtLpK Tysinger Walker Those voting in the negative were Senators: Albert Barker Barnes Brannon Burton Clay Coleman Collins Deal Dean Echols Edge English Foster Fuller Garner Gillis Hammill Huggins Land McKenzie Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Those not voting were Senators: Allgood (excused) Fincher Kennedy (excused) Langford Starr (excused) On the motion, the yeas were 17, nays 34; the motion was lost, and HB 164 was not placed on the Table. Senator Edge of the 28th offered the following amendment: Amend HB 164 by striking on page 3, line 14, the word "dealer's" and inserting in lieu thereof the word "person's". On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon 2122 JOURNAL OF THE SENATE Burton Coleman Collins Dean Echols Edge Fincher Foster Garner Gillis Hammill Harris Howard Huggins Kennedy Land McKenzie Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Taylor Turner Those voting in the negative were Senators: Broun Dawkins Deal Egan Fuller Johnson Kidd Olmstead Parker Peevy Shumake Tate Tysmger Walker Those not voting were Senators: Bowen Clay English Engram Langford Timmons On the passage of the bill, the yeas were 36, nays 14. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 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. Senator Echols of the 6th moved that the Senate adhere to the Senate amendment to HB 1412, and that a Conference Committee be appointed. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1412. The President appointed as a Conference Committee on the part of the Senate the following: Senators Echols of the 6th, Perry of the 7th and Gillis of the 20th. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. TUESDAY, MARCH 6, 1990 2123 Senator Turner of the 8th moved that the Senate adhere to the Senate substitute to HB 1208, and that a Conference Committee be appointed. On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1208. The President appointed as a Conference Committee on the part of the Senate the following: Senators Turner of the 8th, Walker of the 43rd and Shumake of the 39th. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendments to the following bills of the House: HB 1139. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal oifenses. 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. The House has disagreed to the Senate substitute to the following bill of the House: HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House: HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment. The Speaker has appointed on the part of the House, Representatives Parrish of the 109th, Baker of the 51st and Davis of the 45th. 2124 JOURNAL OF THE SENATE The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: 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. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1598. By Representatives Isakson of the 21st, Ransom of the 90th, Yates of the 75th and others: A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the State Board of Education to provide by rule or regulation for the form, content, and issuance of student identification cards; to provide guidelines for the issuance of such cards. Senate Sponsor: Senator Egan of the 40th. Senator Timmons of the llth moved that HB 1598 be placed on the Table. On the motion, Senator Egan of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Barker Bowen Broun Coleman Echols English Fincher Gillis Harris Howard Huggins Kidd Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Starr Tate Timmons Turner Walker Those voting in the negative were Senators: Albert Allgood Baldwin BBararnnenson Burton Ciay Collins Dawkins Deal Dean Edge Egan EnSram Foster Fuller Garner Hammill Johnson Land M. cK.e..n.zie Newbl11 Phillips Stumbaugh Tysinger Those not voting were Senators: Kennedy (presiding) Ray Langford Taylor TUESDAY, MARCH 6, 1990 2125 On the motion, the yeas were 27, nays 25; the motion prevailed, and HB 1598 was placed on the Table. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. The House substitute to SB 434 was as follows: 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 ments; 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 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 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 solely as a reason for termination of any individual small group. 2126 JOURNAL OF THE SENATE (c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distri bution system utilized in the sale of the group life insurance. The pool shall include the experience generated under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The expe rience 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 employer 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 proprietors, employers, or both. (d) Notwithstanding subsection (b) of this Code section, age, sex, area, industry, occu pational, 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 rat ing 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 under writing of a new or replacement group or when the member 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 25 percent based upon individual small group experience factors. The direct premium result of select or sub standard underwriting practices shall not be considered 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: (1) Policies issued to an employer in another state which provides coverage for employ ees of this state employed by such employer policyholder; (2) Policies issued to true association groups, 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 (3) A policy negotiated in connection with a collective bargaining agreement. 33-27-9. Notice of the maximum amount 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 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." TUESDAY, MARCH 6, 1990 2127 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." 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 solely as a reason for termi nation 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 in this state, regardless of the marketing mechanism or distri bution system utilized in the sale of the group insurance. The pool shall include the experi ence generated under any medical expense insurance coverage offered 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 employer 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 pro vides coverage, primarily or incidentally, for sole proprietors, employers, or both. (d) Notwithstanding the requirements of subsection (b) of this Code section, 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 consid ered. Substandard rating in accordance with recognized underwriting practices may be ap plied 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 member 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 poo! rate by not more than plus or minus 25 percent based upon individual small group experience factors. The direct premium result of select or substandard underwriting practices shall not be considered 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. 2128 JOURNAL OF THE SENATE (f) This Code section shall not apply to: (1) Policies issued to an employer in another state which provides coverage for employ ees of this state employed by such employer policyholder; (2) Policies issued to true association groups, 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; (3) A policy negotiated in connection with a collective bargaining agreement; or (4) Limited accident and sickness insurance policies such as hospital indemnity policies, specified disease policies, limited accident policies, or similar limited policies. 33-30-29. Notice of the maximum amount 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 October 1, 1990, and shall be applicable to all contracts or policies of insurance issued or renewed on or after such date. Section 7. 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 434 as amended by the following amendment: Amend the House substitute to SB 434 by striking from line 4 of page 4 the following: "25", and inserting in lieu thereof the following: "20". By striking from line 3 of page 8 the following: "25", and inserting in lieu thereof the following: "20". On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barnes Bwen Brannon Cluaryton Collins Djjeaawjkins Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Timmons Turner Tysinger Walker TUESDAY, MARCH 6, 1990 2129 Those not voting were Senators: Baldwin Braorkuner Coleman Dean Garner Kennedy (presiding) Langford Phillips Scott of 2nd Shumake Tate Taylor On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 434 as amended by the Senate. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 999. By Representative Martin of the 26th: 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 attorney in fact for health care to make health care decisions on behalf of such person; to provide for definitions; to provide for a durable power of attorney for health care; to provide for certain required contents of such documents. Senate Sponsor: Senator Walker of the 43rd. Senator Parker of the 15th offered the following amendment: Amend HB 999 by adding after the semicolon following "form" on line 14, page 1, the following: "to provide that nursing homes shall notify residents, residents' representatives, resi dents' 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;"; By adding on page 22 the following: "Section 2. Chapter 7 of Title 31 is 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 de-certification 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."; and By renumbering "Section 2" on line 1, page 22 "Section 3". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: 2130 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Baldwin Bowen Broun Dawkins Deal Dean Edge Fincher Foster Garner Howard Johnson Kidd Land McKenzie Parker Peevy Phillips Ragan of 10th Scott of 36th Shumake Taylor Tysinger Those voting in the negative were Senators: Albert Allgood Barker Barnes Brannon Burton Clay Coleman Collins Echols Egan English Engrain Fuller Gillis Hammill Harris Huggins Newbill Olmstead Perry Pollard Ragan of 32nd Ray Scott of 2nd Starr Tate Timmons Turner Those not voting were Senators: Kennedy (presiding) Langford Stumbaugh Walker On the passage of the bill, the yeas were 23, nays 29. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 999. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 12:25 o'clock P.M. today. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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. The House substitute to SB 686 was as follows: A BILL To be entitled 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 Alder men of the City of Savannah and providing for the election of said Aldermen, approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended by an Act approved March 14, 1983 (Ga. L. 1983, p. 3827), and by an Act approved March 21, 1989 (Ga. L. 1989, p. 3820), so as to TUESDAY, MARCH 6, 1990 2131 change the provisions relating to Aldermanic Districts; to provide for one at-large Alderman who shall also be the Vice-Mayor; to provide for the powers and duties of the Vice-Mayor; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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, approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended by an Act approved March 14, 1983 (Ga. L. 1983, p. 3827), and by an Act approved March 21, 1989 (Ga. L. 1989, p. 3820), is amended by strik ing subsections (a), (b), and (c) of quoted Section 2 of Section 1 of said Act in their entirety and substituting in lieu thereof new subsections (a), (b), and (c) of quoted Section 2 to read as follows: "(a) (1) The government of the City of Savannah and all corporate rights, powers, and privileges and all duties, obligations, and liabilities of said city are vested in the Mayor and Aldermen, and the Board of Aldermen of said city shall consist of eight members, one of whom shall also serve as Vice-Mayor as provided in paragraph (3) of this subsection. (2) The Mayor may reside anywhere within the city and shall be elected by majority vote of the voters of the city at large voting at the elections provided for in subsection (d) of this section. (3) There shall be one at-large Alderman who may reside anywhere within the corporate limits of the City of Savannah and who shall be elected by a majority vote of the voters of the city at large voting at the elections provided for in subsection (d) of this section. The atlarge Alderman shall also serve as the Vice-Mayor of the city. The Mayor may designate the Vice-Mayor to serve as the Mayor's representative at any function, event, or ceremony within or outside of the city. The Vice-Mayor may carry out such additional duties as may be authorized by ordinance of the Mayor and Board of Aldermen. The Vice-Mayor shall be a full voting member of the Board of Aldermen. When the Mayor is absent from a meeting of the Mayor and Board of Aldermen, the Vice-Mayor shall preside at such meeting and shall be eligible to vote at such meeting as a member of the Board of Aldermen. The ViceMayor shall fill a vacancy in the office of Mayor as provided in subsection (c) of this section. (4) For the purpose of electing the remaining seven Aldermen, there shall be seven Aldermanic Districts, and there shall be one Alderman from each such district. An Alder man from an Aldermanic District shall have been a resident of the respective district for at least six months immediately preceding the date of the Alderman's election and shall re main a resident of such district during the term of office. Each Alderman from an Aidermanic District shall be elected by a majority vote of the voters voting within the respective district at the elections provided for in subsection (d) of this section. The seven Aldermanic Districts of the City of Savannah shall be composed of portions of territory of Chatham County lying within the corporate limits of said city as follows: Aldermanic District No. 1 Chatham Tracts 1 and 6.01 Tract 6.02 Block Groups 1 and 2 Blocks 302 through 305, 308, 309, and 312 through 321 That part of Block 325 within the City of Savannah Tracts 12 and 17 Tract 23 Block Group 1 Blocks 201 through 207 2132 JOURNAL OF THE SENATE Tract 24 Blocks 107 through 109 and 120 Blocks 201 and 213 Tract 32 Tract 33.01 Block Groups 1 and 3 Tract 33.02 Blocks 202 through 217 That part of Block 220 within the City of Savannah Tract 105 Block 103 That part of Block 203 within the City of Savannah Those parts of Blocks 924, 927, and 989 within the City of Savannah Block 990 That part of Block 992 within the City of Savannah Tract 106.04 That part of Block 104 within the City of Savannah Block 106 Those parts of Blocks 107 and 111 within the City of Savannah Blocks 113 and 114 That part of Block 115 within the City of Savannah Block 116 That part of Block 117 within the City of Savannah Block 118 Block 208 That part of Block 213 within the City of Savannah Blocks 215 through 217 That part of Block 218 within the City of Savannah Blocks 219 through 221 That part of Block 222 within the City of Savannah Tract 106.05 That part of Block 304 within the City of Savannah Those parts of Blocks 916 and 917 within the City of Savannah Block 918 Tract 107 Those parts of Blocks 977, 980, and 981 within the City of Savannah Tract 108.01 That part of Block 401 within the City of Savannah Aldermanic District No. 2 Chatham Tract 13 TUESDAY, MARCH 6, 1990 2133 Block Groups 2 and 3 Tracts 18 and 19 Tract 21 Blocks 211, 212, 215, and 219 through 221 Tract 22 Block Groups 1 through 4 Blocks 501 through 504 and 510 through 513 Block 612 Tract 24 Blocks 101 through 106 and 110 through 119 Blocks 202 through 212 and 215 through 220 Blocks 301 through 305, 308 through 316, and 318 through 321 Tract 25 Tract 26 Blocks 106 through 118 Block Groups 2 and 3 Tract 27 Block Groups 1 through 3 Blocks 401 through 419 Tract 29 Blocks 101 through 125 Blocks 505 through 510 and 513 through 516 Tract 30 Block Group 1 Blocks 304 through 324 Tract 35.01 Blocks 101 through 107 Tract 37 Blocks 210, 211, and 214 through 217 Blocks 301 through 305 Aldermanic District No. 3 Chatham Tracts 3, 3.99, and 8 through 11 Tract 13 Block Group 1 Tracts 15 and 20 Tract 21 Block Group 1 Blocks 201 through 210, 213, 214, and 216 through 218 Block Groups 3 and 4 Tract 22 Blocks 601 through 509 and 514 Blocks 601 through 603 and 605 through 611 Tract 26 Blocks 101 through 105 Tract 27 Blocks 420 through 423 Tract 37 2134 JOURNAL OF THE SENATE Blocks 306 through 313 Tract 101.01 Blocks 103 and 104 That part of Block 105 within the City of Savannah Blocks 109 and 110 Block Groups 2 and 3 Aldermanic District No. 4 Chatham Tract 23 Blocks 208 through 213 Block Groups 3 and 4 Tract 24 Block 214 Blocks 306, 307, and 317 Tract 28 Tract 29 Blocks 126 through 129 Block Groups 2 through 4 Blocks 501 through 504 Tract 30 Block Group 2 Blocks 301 through 303 Tracts 34 and 44 Tract 45 Blocks 101 and 106 through 112 That part of Block 113 within the the City of Savannah Blocks 117 through 125 Blocks 201 through 205 That part of Block 206 within the City of Savannah Blocks 207 through 215 Block Groups 3 and 4 That part of Block 501 within the City of Savannah Blocks 502 and 504 through 522 That part of Block 523 within the City of Savannah Aldermanic District No. 5 Chatham Tract 35.01 Blocks 108 and 109 Block Groups 2 through 5 Tract 35.02 Tract 36.01 Those parts of Blocks 101 and 103 within the City of Savannah Blocks 105 through 114 Block Groups 2 through 6 Tract 36.02 That part of Block 101 within the City of Savannah Blocks 103 through 109 and 111 Block Groups 2 through 6 TUESDAY, MARCH 6, 1990 2135 Tract 37 Block Group 1 Blocks 201, 203 through 209, 212, and 213 Tract 38 That part of Block 101 within the City of Savannah Blocks 102 through 104 and 106 through 111 Block Groups 2 and 3 Tract 101.01 Block 410 That part of Block 411 within the City of Savannah Aldermanic District No. 6 Chatham Tract 42.02 That part of Block 101 within the City of Savannah lying north of Turtle Creek Road and its intersection with an unnamed creek that flows southeasterly to the Vernon River Blocks 122, 123, 138, and 139 Blocks 201 through 203, 207, and 208 Tracts 42.03 and 42.04 Tract 109 Blocks 101 through 109, 120, and 150 That part of Block 301 within the City of Savannah Blocks 303 and 304 Block 401 Block 901 Aldermanic District No. 7 Chatham Tract 39 Block Groups 1 through 3 Tracts 40.01 and 40.02 Tract 42.02 That part of Block 101 within the City of Savannah lying south of Turtle Creek Road and its intersection with an unnamed creek that flows southeasterly to the Vernon River Blocks 102 through 121, 133, 134, 136, and 140 Blocks 204 through 206 and 209 through 222 Tract 43 (5) For the purposes of paragraph (4) of this subsection, the terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and describe the same geographical bounda ries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. Any portion of the corporate limits of the City of Savannah which is not included in any Aldermanic District described in paragraph (4) of 2136 JOURNAL OF THE SENATE this subsection shall be included within that Aldermanic District contiguous to such portion which contains the least population according to the United States decennial census of 1980. (b) The first Mayor and Board of Aldermen provided for in subsection (a) of this sec tion and future successors shall be elected for four-year terms and until their successors are elected and qualified at the elections provided for in subsection (d) of this section. The Mayor and Aldermen shall be nominated and elected in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code.' (c) (1) In the event of a vacancy in the office of Mayor when the remaining term of office is more than two years, such vacancy shall be filled for the unexpired term by special election. Pending the filling of such vacancy by special election, the Vice-Mayor shall exer cise the powers and duties of the Mayor. (2) In the event of a vacancy in the office of Mayor when the remaining term of office is two years or less, the Vice-Mayor shall succeed to the office of Mayor and shall be the Mayor of the city for the remaining term of office. When the Vice-Mayor succeeds to the office of Mayor to fill a vacancy as provided in this paragraph, the Vice-Mayor shall receive the compensation of the Mayor and shall be vested with all powers and duties of the Mayor as if the Vice-Mayor had been elected to the office of Mayor. During a period when the Vice-Mayor has succeeded to the office of Mayor to fill a vacancy as provided in this para graph, the Board of Aldermen shall consist of seven members. Such seven-member Board of Aldermen shall by majority vote elect one of their number to serve as acting Vice-Mayor during the period of time that the Vice-Mayor has succeeded to the office of Mayor. (3) If a vacancy occurs on the Board of Aldermen for any reason, except for the Alder man serving as Vice-Mayor succeeding to the office of Mayor as provided in paragraph (2) of this subsection, and the remaining term of office is more than two years, such vacancy shall be filled for the unexpired term by special election, and if the remaining term of office is two years or less, such vacancy shall be filled by the Mayor and the remaining members of the Board of Aldermen electing a qualified person to fill such vacancy for the unexpired term. (4) A special election to fill a vacancy shall be held within the Aldermanic District wherein the vacancy occurs or if the vacancy is in the office of Mayor or in the office of the at-large Alderman who also serves as Vice-Mayor, such special election shall be held in the city at large. A special election to fill a vacancy shall be called within 15 days after the date the vacancy occurs and shall be held not less than 30 nor more than 45 days after the issuance of the call. Any such special election shall be held and conducted in accordance with the applicable provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the 'Geor gia Municipal Election Code.' (5) Any person elected to fill a vacancy at a special election or by the Mayor and Board of Aldermen shall possess the qualifications to hold the office wherein the vacancy exists." Section 2. This Act shall become effective on April 1, 1991, as necessary for the nomina tion and election of the Mayor and Board of Aldermen of the City of Savannah at the municipal primaries and elections held in 1991. This Act shall be effective for all purposes on January 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Scott of the 2nd moved that the Senate agree to the House substitute to SB On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 686. TUESDAY, MARCH 6, 1990 2137 The following local bill of the Senate was taken up for the purpose of considering the House action thereon: SB 749. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for cost-of-living increases. Senator Coleman of the 1st moved that the Senate adhere to its disagreement to the House substitute to SB 749, and that a Conference Committee be appointed. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 749. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Coleman of the 1st, Scott of the 2nd and Hammill of the 3rd. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 1720. On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1720. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: HB 1441. By Representatives Walker of the 115th and Lee of the 72nd: A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils. The House amendment to the Senate substitute to HB 1441 was as follows: Amend the Senate substitute to HB 1441 by striking the symbol and word "; and" at the end of paragraph (3) of quoted Code Section 20-2-506 and inserting in lieu thereof a period. By adding after the phrase "local board of education" in subsection (f) of quoted Code Section 20-2-506 the following: "on or after July 1, 1990". 2138 JOURNAL OF THE SENATE Senator Deal of the 49th moved that the Senate agree to the House amendment to the Senate substitute to HB 1441. 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 CCloalylins Dawkins Deal Dean Echols Edge Engram Foster Fuller Garner Gillis Hammill Harris Howard BWM0* JKoihdndson Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd jjay Scott of 2nd Scott of 36th S,,,humak, e Stumbaugh Iate Tavlor Timmons Turner Tysinger Walker Those not voting were Senators: Allgood Barker Coleman Egan English Fincher Kennedy (presiding) Langford Starr On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1441. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd and others: A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment. Senator Timmons of the llth moved that the Senate adhere to the Senate amendment to HB 738, and that a Conference Committee be appointed. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 738. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Timmons of the llth, Coleman of the 1st and Broun of the 46th. TUESDAY, MARCH 6, 1990 2139 The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1139. By Representatives Childers of the 15th and Richardson of the 52nd: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses. Senator Fuller of the 52nd moved that the Senate insist upon the Senate amendment to HB 1139. On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1139. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1520. By Representatives Murphy of the 18th and Mangum of the 57th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Educa tion and the Board of Regents of the University System of Georgia. Senate Sponsor: Senator Scott of the 36th. The Senate Committee on Education offered the following substitute to HB 1520: A BILL To be entitled an Act 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 ex pressly that the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education; to re quire rules of the State Board of Education and Department of Education to comply with the Act by January 1, 1991; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," is amended by striking paragraph (1) of Code Section 50-13-2, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) 'Agency' means each state board, bureau, commission, department, activity, or of ficer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Com mission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of ad ministrative services; the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency 2140 JOURNAL OF THE SENATE when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications: (A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to Janu ary 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act are intended as curative and are intended to operate retrospectively except to the extent that such retrospective operation is expressly prohibited by the Constitution of Georgia or the United States Con stitution; provided, however, that this Act shall not have retrospective operation with regard to any individual cause of action pending in the courts of this state as of January 1, 1990. Section 3. In the event any section, subsection, paragraph, subparagraph, item, sen tence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitu tional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portions so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such por tions hereof would be declared or adjudged invalid or unconstitutional. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barnes Bowen Brannon *^.*urto*n CCloalyeman Collins Dawkins Deal Dean Echols Edge Engram Fincher Foster Fuller Garner "Sialmlinsl11..1. HHuargrgisins Kidd Land Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray SSccootttt ooff 32n6dth Sr,,humak, e Tate Taylor Timmons Turner Tysinger Walker Voting in the negative was Senator Newbill. TUESDAY, MARCH 6, 1990 2141 Those not voting were Senators: Baldwin Barker Egan English Howard Johnson Kennedy (presiding) Langford McKenzie Starr Stumbaugh On the passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitutes to the following bills 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. HB 744. By Representative Groover of the 99th: A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of said chapter. The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House: HB 1554. By Representatives Clark of the 20th and Jackson of the 9th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or op erating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally. Senate Sponsor: Senator Edge of the 28th. 2142 JOURNAL OF THE SENATE Senator Scott of the 2nd offered the following substitute to HB 1763: A BILL To be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the amount and time of payment of certain special fees paid by corporations and utilities subject to jurisdiction of the Public Service Commission; to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger ser vice lines and persons or private companies operating such lines in this state; to provide an exception; to define a certain term; to require a person to obtain a permit from the Public Service Commission prior to the operation of a rapid rail passenger service line; to authorize the Public Service Commission to promulgate rules and regulations with respect to applica tions for permits and the establishment of guidelines and standards which an applicant must comply with prior to being issued a permit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking subsections (a) and (b) of Code Section 46-2-10, relating to payment of a special fee by corporations and utilities subject to jurisdic tion of the Public Service Commission, and inserting in their place new subsections (a) and (b), respectively, to read as follows: "(a) There shall be paid by all public service corporations and utilities which are sub ject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value of its property, as ascer tained by the last preceding state tax assessment, and shall be apportioned among such public service corporations or utilities upon the basis of such valuation so as to produce a revenue of $1.2 million per annum. (b) (1) Not later than December 1, 1990, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20, 1991. Such sum of $1.2 million shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. (2) Effective January 1, 1991, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1.2 million shall be available for appropria tion in an amount sufficient to cover the cost of operating the Public Service Commission." Section 2. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 46-2-20, relating to the jurisdiction of the Public Service Commission generally, and inserting in lieu thereof new subsections (a) and (d) to read as follows: "(a) Except as otherwise provided by law, the commission shall have the general super vision of all common carriers, express companies, railroad or street railroad companies, dock or wharfage companies, terminal or terminal station companies, telephone and telegraph companies, gas or electric light and power companies, and persons or private companies who operate rapid rail passenger service lines within this state; provided, however, that nothing in this subsection shall be deemed to extend the jurisdiction of the commission to include the operations of the Metropolitan Atlanta Rapid Transit Authority created in an Act ap proved March 10, 1965 (Ga. L. 1965, p. 2243), as amended." "(d) The commission may require common carriers and persons or private companies who operate rapid rail passenger service lines to publish their schedules in newspapers of towns through which their lines extend, in such manner as may be reasonable and as the public convenience demands." TUESDAY, MARCH 6, 1990 2143 Section 3. Said title is further amended by adding between Chapters 8 and 9 a new Chapter 8A to read as follows: "CHAPTER 8A 46-8A-1. As used in this chapter, the term 'person' means any corporation, company, firm, association, or individual operating a public rapid rail passenger service line in this state, provided that said term shall not include any public corporation or governmental entity. 46-8A-2. Except as provided in Code Section 46-8A-4, no person shall operate any rapid rail passenger service line or system or any extension thereof in this state without first ob taining a permit from the Public Service Commission. The commission shall grant a permit to any person who complies with the guidelines and standards established by the commission. 46-8A-3. The application for any permit provided for in Code Section 46-8A-2 shall be made under such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application for such permit, the commission shall cause notice thereof to be given by mail or by personal service to the chief executive officer of the munic ipalities affected, if any, and shall publish such notice once a week for three consecutive weeks in a newspaper of general circulation in each county affected. 46-8A-4. This Code section shall not be construed to require any person to secure a permit for an extension of a rapid rail passenger service line or system into territory contig uous to that already served by that person and not receiving similar service from another person if no permit has been issued to or applied for by any other person." 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 6, 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 HB 1763 would be suspended and placed on the Senate General Calendar. Time having arrived for the entertainment of the reconsideration motion, Senator How ard of the 42nd moved that the Senate reconsider its action previously today in defeating the following bill of the House: HB 999. By Representative Martin of the 26th: 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 attorney in fact for health care to make health care decisions on behalf of such person; to provide for definitions; to provide for a durable power of attorney for health care; to provide for certain required contents of such documents. On the motion, the yeas were 34, nays 14; the motion prevailed, and HB 999 was recon sidered and placed at the foot of the Senate General Calendar. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:35 o'clock P.M. until 1:35 o'clock P.M. At 1:35 o'clock P.M., the President called the Senate to order. 2144 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 2072. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Benefield of the 72nd and Davis of the 72nd: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer. HB 2073. By Representative Heard of the 43rd: A bill abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensa tion of the judge of the Probate Court of Fayette County. HB 2074. By Representative Heard of the 43rd: A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commis sioner of Fayette County. HB 2075. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County. HB 2076. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th: A bill to provide for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A.. The following bills of the House were read the first time and referred to committee: HB 2072. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd and others: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer. Referred to Committee on Urban and County Affairs. HB 2073. By Representative Heard of the 43rd: A bill abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensa tion of the judge of the Probate Court of Fayette County. Referred to Committee on Urban and County Affairs. TUESDAY, MARCH 6, 1990 2145 HB 2074. By Representative Heard of the 43rd: A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commis sioner of Fayette County. Referred to Committee on Urban and County Affairs. HB 2075. By Representative Heard of the 43rd: A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County. Referred to Committee on Urban and County Affairs. HB 2076. By Representatives Alford of the 57th and Mangum of the 57th: A bill to provide for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A.. Referred to Committee on Urban and County Affairs. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th and others: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions re lating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time. Senate Sponsor: Senator Starr of the 44th. The Senate Committee on Banking and Finance offered the following amendment: Amend HB 770 by striking on line 8 of page 1 the word "voluntary". By striking on lines 32 through 34 of page 14 the following: "those purposes for which other money collected from the tax authorized by this article may be expended", and inserting in lieu thereof the following: "development, promotion, and advertising of the lodge from which the money was col lected and remitted or of similar facilities operated under the jurisdiction of the Depart ment of Natural Resources". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. Senator Parker of the 15th offered the following amendment: Amend HB 770 by striking lines 1 - 33, page 15, and by striking lines 1 - 16, page 16. Senator Parker of the 15th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn. 2146 JOURNAL OF THE SENATE Senator Baldwin of the 29th offered the following amendment: Amend HB 770 by adding between lines 16 and 17 of page 16 the following: "(f) Notwithstanding the provisions of subsection (e) of this Code section, in the event any county or municipality wishes to begin to or continue to levy any tax under Code Sec tion 48-13-51 upon a charitable trust or a functionally related business of a charitable trust which regularly furnishes for value rooms, lodgings, or accommodations, such county or mu nicipality by appropriate resolution or ordinance shall direct the election superintendent thereof to call a referendum within 60 days for the purpose of determining whether or not the tax to be imposed shall be subject to the limitations of this Code section. If more than one-half of the votes cast on such question are for approval of the tax subject to the limita tions of Code Section 48-13-55, the tax shall only be levied subject to those limitations; otherwise, the tax shall be levied pursuant to Code Section 48-13-51 without being subject to those limitations." On the adoption of the amendment offered by Senator Baldwin of the 29th, Senator Starr of the 44th 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 BoTM"1 Brannon DDaewankins Edge Egan Engram Fincher Gamer Land PNaerwkbeirll Peevy Ragan of 10th Ragan of 32nd Shumake Stumbaugh T, Tlaatyelor Timmons Tysinger Those voting in the negative were Senators: Albert Barker Broun Burton Clay Coleman Collins Deal Echols Foster Gillis Harris Howard Huggins Kennedy Kidd McKenzie Olmstead Perry Pollard Ray Starr Turner Walker Those not voting were Senators: Allgood English Fuller Hammill Johnson Langford Phillips Scott of 2nd Scott of 36th On the adoption of the amendment, the yeas were 23, nays 24, and the amendment was lost. Senator Baldwin of the 29th moved that the Senate reconsider its action in defeating the amendment offered by Senator Baldwin of the 29th. On the motion, the President ordered a roll call, and the vote was as follows: TUESDAY, MARCH 6, 1990 2147 Those voting in the affirmative were Senators: Baldwin Barnes Bowen Brannon Burton Clay Dawkins Dean Edge Egan Engrain Fincher Garner Howard Huggins Land Newbill Parker Phillips Ragan of 10th Ragan of 32nd Scott of 2nd Shumake Stumbaugh Taylor Timmons Tysinger Those voting in the negative were Senators: Albert Barker Broun CCoollleimnsan Deal Echols English Foster Gillis Harris KKiedndnedy McKenzie Olmstead Peevy Perry Pollard jjay bctarr Tate Turner Walker Those not voting were Senators: Allgood Fuller Hammill Johnson Langford Scott of 36th On the motion, the yeas were 27, nays 23; the motion prevailed, and the amendment offered by Senator Baldwin of the 29th was reconsidered. On the adoption of the amendment offered by Senator Baldwin of the 29th, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin gBurarntonnon day Dawkins Edge Egan Engram FG.-,ianrcnheerr Land Newbill Parker Phillips Ragan of 10th R,,S,taugmanb, aoufg3h, 2nd Taylor Timmons Tysinger Those voting in the negative were Senators: Albert Barker Broun Coleman Collins Deal Dean Echols English Foster Gillis Harris Huggins Kennedy Kidd McKenzie Olmstead Peevy Perry Pollard Ray Scott of 2nd Shumake Starr Tate Turner Walker Those not voting were Senators: Allgood Fuller Hammill 2148 JOURNAL OF THE SENATE Howard Johnson Langford Scott of 36th On the adoption of the amendment, the yeas were 22, nays 27, and the amendment 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 Baldwin Barker Barnes Bowen roun gfn Coleman Collins rj eal Dean Echols Edge Egan Engram Fincher Foster Garner Gillis Harris Howard " u ^inf Kennedy McKenzie Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Brannon Dawkins Kidd Land Newbill Parker Those not voting were Senators: Allgood English Fuller Hammill Johnson Langford Scott of 36th On the passage of the bill, the yeas were 43, nays 6. The bill, having received the requisite constitutional majority, was passed as amended. The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto: SR 461. By Senator Kennedy of the 4th: A resolution designating the Ernest W. Strickland Bridge. The House substitute to SR 461 was as follows: A RESOLUTION Designating the Ernest W. Strickland Bridge, designating the Joe A. Whitherington Bridge, designating the Banks Crossing Highway; and for other purposes. WHEREAS, on April 24, 1986, the State of Georgia lost one of its finest and most irguished citizens in the untimely passing of Ernest W. Strickland; and TUESDAY, MARCH 6, 1990 2149 WHEREAS, he served with honor and distinction as a member of the House of Repre sentatives for eight years; and WHEREAS, he was a lifelong resident of Evans County and a devoted member of the Daisy United Methodist Church where he served as chairman of the board for 38 years; and WHEREAS, he was a prominent farmer, charter member and past president of the Evans County Farm Bureau, and president of Claxton Oil Company, Claxton Warehouse, Inc., and Strickland Transportation, Inc.; and WHEREAS, his special contributions were indispensable in the establishment of the renowned Annual Rattlesnake Roundup; and WHEREAS, during his tenure in the House of Representatives, Mr. Strickland devoted much time and energy to widening U.S. Highway 301 to four lanes through Georgia, and said highway presently has four lanes from Statesboro to Interstate Highway 16 and from Interstate Highway 16 to Claxton; and WHEREAS, until his retirement in January, 1990, Joe A. Whitherington, city engineer, had served the City of Macon longer than any other active city employee or official; and WHEREAS, he began his public employment in 1935 in the engineering division of the Department of Transportation; and WHEREAS, in 1939, he moved to Macon and began work in the city engineering de partment; and WHEREAS, he interrupted his city employment only to enlist in World War II where he served in General Patton's Third Army and was awarded the Purple Heart and three Battle Stars; and WHEREAS, after the war, he returned to Macon and resumed his position in city engi neering, which he performed with distinction and a rare dedication; and WHEREAS, he is a registered civil engineer and land surveyor; and WHEREAS, he is a charter member and past president and director of the Macon chapter of the Georgia Society of Professional Engineers; and WHEREAS, in recognition of Joe A. Whitherington's 50 years of loyalty and dedication to the City of Macon and in honor of his many contributions to his community, it is only fitting and proper that this state perpetuate his name in an appropriate manner. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Canoochee River on U.S. Highway 301 in Evans County, Georgia, is designated as the Ernest W. Strickland Bridge; the state bridge currently desig nated as the Hardeman Bridge, which crosses 1-75 in Bibb County, Georgia, is designated as the Joe A. Whitherington Bridge; and that portion of U.S. Highway 441 in Banks County, Georgia, from the intersection of Interstate 85 and U.S. Highway 441 north to the city limits of Homer, Georgia, is designated as the Banks Crossing Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Ernest W. Strick land Bridge, the Joe A. Whitherington Bridge, and the Banks Crossing Highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit appropriate copies of this resolution to the commissioner of transporta tion and to the families of Mr. Ernest W. Strickland and Mr. Joe A. Whitherington. Senator Kennedy of the 4th moved that the Senate agree to the House substitute to SR 461. On the motion, a roll call was taken, and the vote was as follows: 2150 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Barker Barnes Broun Burton CCoollleimnsan Dawkins Deal Dean Egan Engram Fincher Foster Garner Gillis Harris Howard "uggilis KKiedndnedy Land McKenzie Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 2nd 0S,humak. e btarr Tate Taylor Turner Tysinger Walker Those not voting were Senators: Allgood Baldwin Bowen Brannon Echols Edge English Fuller Hammill Johnson Langford Olmstead Scott of 36th Stumbaugh Timmons On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 461. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1651. By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the 156th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter. Senate Sponsor: Senator Tysinger of the 41st. The Senate Committee on Industry and Labor offered the following substitute to HB 1651: A BILL To be entitled an Act to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter; to change certain definitions; to pro vide additional definitions; to delete certain provisions relating to filing certain information with clerks of the superior courts and other local government offices; to provide for partici pation by utilities as members in the utilities protection center; to delete certain duties of clerks of the superior courts and related filing fees; to change certain requirements concern ing notifications to be given by persons planning blasting and excavating; to change certain provisions concerning the duties of utilities notified of proposed blasting or excavating; to clarify the degree of accuracy required in gas pipe or other underground utility facility loca tion information; to provide for applicability of the penalties; to amend Code Section 15-677 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, so as to delete the provision relating to the fee for filing information of gas compa nies in accordance with Code Section 25-9-4; to provide an effective date; to repeal conflict ing laws; and for other purposes. TUESDAY, MARCH 6, 1990 2151 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 to read as follows: "CHAPTER 9 25-9-1. The purpose of this chapter is to prevent injury to persons and property and interruptions of utility and cable television service resulting from damage to gas pipes and other underground utility facilities caused by blasting or excavating operations by providing a method whereby the location of underground gas pipes and other utility facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gas pipes and other utility facilities. 25-9-2. As used in this chapter, the term: (1) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, de molished, moved, or removed by the detonation of dynamite or any other explosive agent. (2) 'Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday. (3) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days. (4) 'Corporation' means any corporation; municipal corporation; county; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (5) 'Distribution of gas' means the distribution or furnishing of gas to the ultimate con sumer through the use of underground pipes or other facilities and includes, but is not lim ited to, the distribution of gas pursuant to a certificate of public convenience and necessity issued by the Public Service Commission. (6) 'Excavating' means any operation by which the level or grade of land is changed and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, and pile driving. Such term, however, does not include public road maintenance activities within the rights of way of a public road on the state highway system, the county road system, or the city street system. (7) 'Gas' means any flammable gaseous matter and includes, but is not limited to, natu ral gas, manufactured gas, liquefied petroleum gas, and any material composed predomi nantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane, or butylene. The term 'gas' shall also include liquid petroleum products. (8) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating, including, without limitations, bulldozers, backhoes, power shovels, scrapers, draglines, clamshells, au gers, drills, and pile drivers. (9) 'Person' means an individual or a corporation. Such term, however, does not include and no provision of this chapter shall apply to any excavating done by a railroad when said excavating is made entirely on the land which the railroad owns or on which the railroad operates or, in the event of emergency, on adjacent land. Such term, however, also does not include and shall not apply to the Department of Transportation or its officers or employees 2152 JOURNAL OF THE SENATE when excavating, blasting, or operating mechanized excavating equipment anywhere within public road rights of way. (10) 'Railroad' means all corporations, companies, or individuals owning or operating any railroad line or railroad company in this state. (11) 'Service area' means a contiguous area or territory which encompasses the under ground distribution system or network of gas pipes or other underground utility facilities by means of which a utility provides utility service. (12) 'Transmission of gas' means the transmission or transportation of gas through the use of underground pipes or other facilities and includes, but is not limited to, the transpor tation or transmission of gas in interstate commerce pursuant to a certificate of public con venience and necessity issued by the Federal Energy Regulatory Commission and the trans mission or transportation of gas in intrastate commerce pursuant to a certificate of public convenience and necessity issued by the Public Service Commission. (13) 'Utilities protection center' or 'center' means the corporation or other organization formed by utilities to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected utility members. (14) 'Utility' means any person operating or maintaining gas pipes or other under ground utility facilities. (15) 'Utility facility' means underground mains, pipes, conduits, cables, ducts, wires, fiber optic or photonic lines, or other structures operated or maintained by utilities in con nection with the storage, conveyance, distribution, or transmission of gas, electric energy, telephone or telegraphic, or cable television or video communications. 25-9-3. Reserved. 25-9-4. (a) All utilities operating or maintaining underground utility facilities within the state shall participate as members in and cooperate with the utilities protection center. No duplicative center shall be established. The activities of the center shall be funded by all utilities. (b) The utilities protection center shall maintain a list showing the counties within which its participating utilities maintain gas pipes and other underground utility facilities. The center shall also maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the loca tion of gas pipes and other underground utility facilities of its participating utilities may be obtained during business hours on business days. 25-9-5. Reserved. 25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating, at least 72 hours prior to commencement of the work, excluding hours during days other than business days, has given actual notice to the utilities protection center, which notice shall: (1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity to enable the utility to ascertain the precise tract or parcel of land involved; (2) State the name, address, and telephone number of the person who will engage in the blasting or excavating and state whether such person desires to be notified in the event there are no utility facilities present on the tract or parcel specified; (3) Describe the type of blasting or excavating to be engaged in by the person; and (4) Designate the date upon which the blasting or excavating will commence. (b) Whenever any blasting or excavating with mechanized excavating equipment is un- TUESDAY, MARCH 6, 1990 2153 dertaken on a project on the public road system under contract with the Department of Transportation, the notice required under subsection (a) of this Code section shall be deemed to have been given for all utility facilities other than gas which are shown on the project plans and for which a notice of contract award and a notice of preconstruction con ference have been mailed to the utility by the Department of Transportation. Nothing con tained in this subsection shall be construed to relieve any person under contract with the Department of Transportation of the duties set forth in Code Section 25-9-8 as to all under ground utility facilities. (c) In the event that the blasting or excavating work which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 17 days following the date of such notice, then no later than 14 days following such date of notice an additional notice must be given in accordance with subsection (a) of this Code section. (d) If, subsequent to giving the notice required by subsection (a) of this Code section a person planning excavating determines that such work will require blasting, then such per son shall promptly so notify the utilities protection center. 25-9-7. Within 72 hours, excluding hours during days other than business days, follow ing receipt by the utilities protection center of actual notice filed in accordance with Code Section 25-9-6, each utility shall stake or otherwise mark the surface of the tract or parcel of land to indicate the location of gas pipes or other underground utility facilities. Such markings shall be in accordance with the following color code: (1) Safety Red shall be used to mark electric power distribution and transmission facilities; (2) High Visibility Safety Yellow shall be used to mark gas and oil distribution and transmission facilities; (3) Safety Alert Orange shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities; (4) Safety Precaution Blue shall be used to mark water systems facilities; and (5) Safety Green shall be used to mark sewer systems facilities. If the person planning the blasting or excavating has stated pursuant to paragraph (2) of subsection (a) of Code Section 25-9-6 that he desires to be notified in the event there are no utility facilities present on the tract or parcel specified, then each utility shall attempt to so notify such person by telephoning such person at the number furnished pursuant to para graph (2) of subsection (a) of Code Section 25-9-6. 25-9-8. Persons engaged in blasting or in excavating with mechanized excavating equip ment shall not strike, damage, injure, loosen, or remove lateral support from or around any gas pipe or other underground utility facility which has been staked or marked in accor dance with this chapter; provided, however, that nothing in this chapter shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of gas pipes or other underground utility facilities, irrespective of whether the same have been staked or marked as provided in this chapter. 25-9-9. (a) For the purpose of this chapter, information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such facilities. If any gas pipe or other underground utility facilities become damaged due to the furnishing of inaccurate information as to their location by the utility, the liabilities imposed by this chapter shall not apply. (b) Upon documented evidence that the person seeking information as to the location of gas pipes or other underground utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying informa tion by the utility, the utility shall be liable to that person for his losses. 25-9-10. This chapter does not affect and is not intended to affect any right, title, 2154 JOURNAL OF THE SENATE power, or interest which any utility may have with relation to any facility or to any ease ment, right of way, license, permit, or other interest in or with respect to the land on which the facility is located. 25-9-11. This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any gas pipe or other underground utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever. 25-9-12. If an emergency arises which presents an immediate and substantial danger to life, health, or property or which requires the establishment or restoration of gas, electric, communication, rail, or other essential public services, it shall be lawful for the person who undertakes to prevent such danger to life, health, or property or who is responsible for the establishment or restoration of such gas, electric, communication, rail, or other essential public services to engage in blasting or in excavating with mechanized excavating equipment for such purpose without complying with Code Section 25-9-6, provided that, before com mencing the same or as soon thereafter as is reasonably practicable, the person shall give notice thereof to any utility which the person, in the exercise of reasonable judgment, be lieves may have gas pipes or other underground utility facilities within such proximity as to be affected by the blasting or excavating with mechanized excavating equipment. 25-9-13. (a) Any person who violates the requirements of Code Section 25-9-6 shall be guilty of a crime punishable by payment of a fine of $1,000.00 for the first ofFense and $3,000.00 for any subsequent offenses occurring within a 12 month period. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land he owns or leases. (b) Any person who violates the requirements of Code Section 25-9-6 and whose subse quent excavating or blasting damages gas pipes or other underground utility facilities shall be strictly liable for: (1) Any cost incurred by the utility in repairing or replacing its damaged facilities; or (2) Any injury or damage to persons or property resulting from damaging the under ground gas pipe or other utility facilities. Any such person shall also indemnify the affected utility against all claims, if any, for per sonal injury, property damage, or service interruptions resulting from damaging the under ground gas pipe or other utility facilities. (c) In addition to the other provisions of this Code section, a state examining board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6. (d) Subsections (a), (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the utility to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center as required by Code Section 259-4." Section 2. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, is amended by striking in its entirety paragraph (9) of subsection (d), which reads as ollows: "(9) Filing written information of gas companies in accordance with Code Section 25-9-4, a fee per page of................................. 1.00", TUESDAY, MARCH 6, 1990 2155 and inserting in lieu thereof the following: "(9) Reserved." Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins 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 Ray Scott of 2nd Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Voting in the negative was Senator Deal. Those not voting were Senators: Allgood Baldwin Brannon Dean Langford Scott of 36th Starr On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Egan of the 40th moved that the following bill of the House, having been read the third time and placed on the Table previously today, be taken from the Table: HB 1598. By Representatives Isakson of the 21st, Ransom of the 90th, Yates of the 75th and others: A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the State Board of Education to provide by rule or regulation for the form, content, and issuance of student identification cards; to provide guidelines for the issuance of such cards. 2156 JOURNAL OF THE SENATE On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Broun Egan English Fincher Foster "J^011 Coleman Collins Dawkins Deal Edge Gillis Howard Kennedy Kidd Land McKenzie Newbill Olmstead Phillips Pollard Ragan of 32nd ^y Scott of 2nd Starr Taylor Tysinger Those voting in the negative were Senators: Bowen Echols Engram Harris Huggins Parker Peevy Perry Ragan of 10th Shumake Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Allgood Baldwin Brannon Dean Fuller Garner Hammill Johnson Langford Scott of 36th On the motion, the yeas were 31, nays 15; the motion prevailed, and HB 1598 was taken from the Table and placed at the foot of the Senate Rules Calendar for today. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1679. By Representatives Byrd of the 153rd and McCoy of the 1st: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide a new require ment for the reinstatement of a salesperson's license; to revise the provisions rel ative to the granting of a real estate license to a nonresident. Senate Sponsor: Senator Dawkins of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English TUESDAY, MARCH 6, 1990 2157 Engram Fincher Foster Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevv Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Allgood Fuller Garner Howard Langford Ragan of 10th Scott of 36th Shumake Taylor Timmons On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 663. By Senator Burton of the 5th: A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia. SR 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. 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 1630. By Representatives Holland of the 136th, Poston of the 2nd, Fennel of the 155th and others: A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement of ficers, firemen, prison guards, and publicly employed emergency medical techni cians, so as to change a certain definition. Senate Sponsor: Senator Parker of the 15th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 2158 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 Baldwin Barker Barnes Bowen Brannon f|roun 5^ n Coleman Collins Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris "oward Huggms Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd *** f J Scott of 2nd Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Allgood Dawkins Langford Scott of 36th Shumake Taylor Timmons On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1728. By Representatives Poston of the 2nd, Holland of the 136th, Snow of the 1st and McCoy of the 1st: A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures for municipal and county de tention facilities, so as to provide that it shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer or a dispatcher is on duty at the detention facility at all times while a person is incarcerated therein. Senate Sponsor: Senator Garner of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins TUESDAY, MARCH 6, 1990 2159 Kennedy Kidd Sm" Olmstead Parker Peevy Perry Phillips Ragan f 10th Ragan of 32nd Rfly Scott of 2nd Starr Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Allgood Bowen Brannon Dean Howard Johnson Land Langford Pollard Scott of 36th Shumake 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 1248. By Representatives Birdsong of the 104th and Barnett of the 10th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that certain local government build ings financed in whole or in part with state funds shall have displayed thereon a plaque or marker with the names of certain state and local officials. 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: Baldwin Broun Fuller Hammill Harris Kidd McKenzie Scott of 36th Starr Walker Those voting in the negative were Senators: Barker Barnes Brannon Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Gillis Huggins Kennedy Land Newbill Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Ray Stumbaugh Tate Turner Tysinger Those not voting were Senators: Albert Allgood Bowen 2160 JOURNAL OF THE SENATE Garner Howard Johnson Langford Olmstead Pollard Scott of 2nd Shumake Taylor Timmons On the passage of the bill, the yeas were 10, nays 33. The bill, having failed to receive the requisite constitutional majority, was lost. HB 1686. By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th and others: A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the pro duction and generation of steam used in a manufacturing process. Senate Sponsor: Senator Dawkins of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Broun Burton aaygan of 32nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Barnes Egan Kennedy Langford McKenzie Parker Scott of 2nd Shumake Starr On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 735. 2256 JOURNAL OF THE SENATE The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto: SR 416. By Senators Taylor of the 12th, Garner of the 30th, Turner of the 8th and Clay of the 37th: A resolution urging the Supreme Court to direct the implementation of crime prevention systems in all judicial circuits. The House amendment was as follows: Amend SR 416 on page 1, line 1, by inserting after the word "Court" the words "of Georgia". Senator Taylor of the 12th moved that the Senate agree to the House amendment to SR 416. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon j?roun g^ n Coleman Collins j)eal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Hward Huggms Johnson Kennedy Kidd Land Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Dawkins Langford McKenzie Parker Scott of 2nd Shumake On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 416. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate substitute, and has ap- TUESDAY, MARCH 6, 1990 2257 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 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. The Speaker has appointed on the part of the House, Representatives Selman of the 32nd, Herbert of the 76th and Lane of the 27th. 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 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. The Speaker has apointed on the part of the House, Representatives Colwell of the 4th, Dobbs of the 74th and Watts of the 41st. The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 749. By Senators Scott of the 2nd and Hammill of the 3rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for cost-of-living increases. The Speaker has apointed on the part of the House, Representatives Alien of the 127th, Dixon of the 128th and Pannell of the 122nd. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and others: 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. 2258 JOURNAL OF THE SENATE The House insists on its position in substituting the following bill of the Senate: SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th 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 define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements. The House has disagreed to the Senate amendment to the House substitute to the fol lowing bill of the Senate: 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. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1790. By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th: A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties. Senate Sponsor: Senator Garner of the 30th. Senator Brannon of the 51st offered the following amendment: Amend HB 1790 by striking subsection (g), lines 29 through 32, page 27. On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Peevy Perry Phillips TUESDAY, MARCH 6, 1990 2259 Pollard Ragan of 10th Rjjaagyan of 32nd Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons mTurner Walker Those not voting were Senators: Barnes Dawkins Egan English Kennedy Langford McKenzie Parker Shumake Tysinger On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following general resolution of the House, favorable reported by the committee, was read the third time and put upon its adoption: HR 796. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th: Senate Sponsor: Senator English of the 21st. A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encourage economic development and consumer availabil ity of emerging crops and to authorize the appropriation of funds for the purposes of such emerging crops fund; to repeal a resolution previously adopted at the 1990 session; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating the last two subparagraphs designated as subparagraph (g) as subparagraphs (h) and (i), respectively, and by adding at the end thereof a new subparagraph (j) to read as follows: "(j) The General Assembly is authorized to provide by general law for the creation of an emerging crops fund from which to pay interest on loans made to farmers to enable such farmers to produce certain crops on Georgia farms and thereby promote economic develop ment. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Interest on loans made to farmers shall be paid from such fund pursuant to such terms, conditions, and requirements as the General Assembly shall provide by general law. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine." Section 2. House Resolution Number 466 proposing an amendment to the Constitu tion to authorize the General Assembly to provide by law for an emerging crops loan fund which was previously adopted by the General Assembly at the 1990 regular session is re pealed in its entirety. Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. 2260 JOURNAL OF THE SENATE The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encourage economic develop ment and consumer availability of emerging crops?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry 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: Barnes Brannon Clay Fincher Langford Shumake On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a TUESDAY, MARCH 6, 1990 2261 newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00. Senator Dean of the 31st moved that the Senate adhere to the Senate substitute to HB 1720, and that a Conference Committee be appointed. On the motion, the yeas were 37, nays 2; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1720. The President appointed as a Conference Committee on the part of the Senate the following: Senators Dean of the 31st, Kidd of the 25th and Olmstead of the 26th. The following bill of the House was taken up for the purpose of considering the House action thereon: 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 funtions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability. Senator Tate of the 38th moved that the Senate adhere to the Senate substitute to HB 1297, and that a Conference Committee be appointed. On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1297. The President appointed as a Conference Committee on the part of the Senate the following: Senators Tate of the 38th, Deal of the 49th and Foster of the 50th. The following general resolution and bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st and others: A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge. Senate Sponsors: Senators Perry of the 7th and Ragan of the 32nd. Senators Coleman of the 1st and Scott of the 2nd offered the following amendment: Amend HR 761 by inserting on line 2 of page 1, between the word "Bridge" and the symbol ";", the following: "And designating the Mills B. Lane, Jr., Bridge". By inserting immediately following line 7 of page 1 the following: "WHEREAS, Mr Mills B. Lane, Jr., well-known banker, philanthropist, and exemplary citizen of both Savannah and Atlanta, Georgia, passed away on May 8, 1989; and 2262 JOURNAL OF THE SENATE WHEREAS, Mr. Lane's extraordinary vision over the years of his life precipitated nu merous changes throughout Georgia in business, politics, and civic action; and WHEREAS, among the many legacies which Mr. Lane left the state are major league baseball, professional football, Stone Mountain Park, and historic restoration and preserva tion of his native Savannah; and WHEREAS, in his profession as a banker, he pioneered progressive programs now fol lowed by many financial institutions; and WHEREAS, throughout his retirement from active banking, Mr. Lane continued to lend his leadership talents and support to many programs which have improved the quality of life for all Georgians. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Savannah River on U.S. Highway 17 Alternate, also known as State Route 25 Alternate, is designated as the Mills B. Lane, Jr., Bridge." By inserting on line 22 of page 3, between the word "Hunter" and the symbol ".", the words "and the family of Mills B. Lane, Jr." 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 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 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 Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Barnes Langford Shumake Starr Turner On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. TUESDAY, MARCH 6, 1990 2263 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. Senate Sponsor: Senator Deal of the 49th. Senators Peevy of the 48th and Allgood of the 22nd offered the following amendment: Amend HB 1498 by striking line 3 on page 1 in its entirety and substituting in lieu thereof the following: "application for an appeal is required, so as to provide that such procedures for appeal shall not apply to child custody cases; to change the". By inserting between lines 10 and 11 on page 1 the following: "Section 1. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph (2) to read as follows: '(2) Appeals from judgments or orders in divorce, alimony, and other domestic relations cases other than child custody cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony or holding or declining to hold persons in con tempt of such alimony judgment or orders;'." By striking lines 11 through 13 on page 1 in their entirety and substituting in lieu thereof the following; "Section 2. Said Code section is further amended by". By renumbering Sections 2 and 3 as Sections 3 and 4, respectively. On the adoption of the amendment, the yeas were 44, nays 2, and the amendment was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 1498 would be suspended and placed on the Senate General Calendar. HB 1553. By Representatives Jenkins of the 80th and Birdsong of the 104th: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws. 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 Bowen Brannon Broun Burton Clay 2264 JOURNAL OF THE SENATE Coleman Collins Dawkins Deal I**11, ETc,,hols Egt English Engram Foster Fuller Garner Gillis Harris Howard Huggins Johnson ?JnJnedy KT idd, Kenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Rav Scott of 36th cot. ar,,r ^tumbaugh Tate Tflylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Fincher Hammill Langford Scott of 2nd Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsors: Senators Egan of the 40th and Kidd of the 25th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker 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 Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Walker TUESDAY, MARCH 6, 1990 2265 Those not voting were Senators: Barnes Parker Starr Langford Shumake On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1610. By Representatives Walker of the 85th, Smyre of the 92nd, Padgett of the 86th and others: A bill to amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, so as to provide that the minimum amount of capital with which a corporation shall commence business shall not be less than $50,000.00. 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 Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Hammill Howard Huggins Johnson Kennedy Kidd Land McKenzie 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: Barnes Brannon Fuller Harris Langford Newbill 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. 2266 JOURNAL OF 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. Senate Sponsor: Senator Fuller of the 52nd. The Senate Committee on Special Judiciary offered the following amendment: Amend HB 1567 by striking lines 15 and 16 of page 2 and inserting in lieu thereof the following: "Water Act the ordinance may specify that the fine may be up to $1,000.00 per day for each violation by an". On the adoption of the amendment, the yeas were 43, nays 0 , and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Timmons Turner Tysinger Walker Those not voting were Senators: Barker Barnes Dawkins Egan Langford Shumake Tate Taylor On the passage of the bill, the yeas were 48, nays 0 . The bill, having received the requisite constitutional majority, was passed as amended. TUESDAY, MARCH 6, 1990 2267 The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon: 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. The Conference Committee report on HB 1412 was as follows: The Committee of Conference on HB 1412 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1412 be adopted. Respectfully submitted, FOR THE SENATE: /&/ Ed Perry Senator, 7th District /s/ Earl Echols, Jr. Senator, 6th District /s/ Hugh M. Gillis Senator, 20th District FOR THE HOUSE OF REPRESENTATIVES: /a/ Frank Redding Representative, 50th District Is/ Ralph J. Balkcom Representative, 140th District /s/ Lundsford Moody Representative, 153rd District Conference Committee substitute to HB 1412: A BILL To be entitled an Act 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; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, is amended by striking paragraph (3) of said Code section and substituting in lieu thereof a new paragraph (3) to read as follows: "(3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; provided, however, that a .218 Bee; .22 Hornet; .25-20; .256 Magnum; guns using .30 caliber army carbine cartridges; .32-20; .32-40; .357 Magnum; .38 Special; .38-40; and .44-40 shall not be used; provided, further, that firearms for hunting feral hogs, other than those weapons specified in this par agraph, may be authorized by rule or regulation of the board. Handguns with a barrel length of 5.5 inches or more, adjustable sights, and capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting game animals. Bullets used in all rifles and handguns must be of the expanding type. It shall be unlawful for any person, when hunting with four or more other hunters, to use a handgun or rifle while hunting deer with dogs;". Section 2. All laws and parts of laws in conflict with this Act are repealed. 2268 JOURNAL OF THE SENATE Senator Echols of the 6th moved that the Senate adopt the Conference Committee re port on HB 1412. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Bowen Brannon roun B.urton GQ~loa,l,ye.man Dawkins Deal Echols Edge Egan English Engram Fincher Foster Fuller Garner Gmis Hammill Harris JH.ouh. gngsionns Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of I0th Ragan of 32nd Ray SS~ ccoo,tt,tt ooff,, ,,32,,n6,dt,h Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barker Barnes Dean Howard Langford Shumake Starr On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1412. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: 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 House amendment was as follows: Amend SB 561 by adding on line 12 of page 2 immediately following the word "sen tence" the following: "including any lawful credits under a trusty system". Senator Dawkins of the 45th moved that the Senate agree to the House amendment to SB 561. On the motion, a roll call was taken, and the vote was as follows: TUESDAY, MARCH 6, 1990 2269 Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie 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: Barnes Dean Langford Parker Shumake On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 561. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide certain proof and forms. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the 78th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit. Senate Sponsor: Senator Collins of the 17th. Senators Harris of the 27th and Collins of the 17th offered the following amendment: Amend HB 1951 by striking in its entirety Section 13 and inserting in its place a new Section 13 to read as follows: "Section 13. This Act shall become effective July 1, 1990, except that this Act shall, for purposes of the appointment by the Governor of the initial judge to fill the judgeship ere- 2270 JOURNAL OF THE SENATE ated by this Act, become effective upon its approval by the Governor or upon its becoming law without his approval." 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 ,urton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Hu^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 Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Gillis Langford Shumake On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following general bill of the House, having been read the third time and placed on the Table on February 28, and taken from the Table previously today, was put upon its passage: HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and others: A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device. Senate Sponsor: Senator Burton of the 5th. TUESDAY, MARCH 6, 1990 2271 Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd offered the fol lowing amendment: Amend HB 1512 by inserting after the word and symbol "penalties;" on line 6 of page 1 the following: "to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to provide for certain limited circumstances in which ships containing gambling devices may transit the state's territorial waters and dock in a Georgia port; to". By inserting between lines 18 and 19 of page 2 the following: "Section 2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding a new Code Section 16-1224.1 to read as follows: '16-12-24.1. No ship which contains any gambling device shall transit the territorial wa ters of this state or dock in a Georgia port unless any and all gambling devices on such ship are made completely inaccessible to the passengers and crew of such ship and removed from or covered from the sight of such passengers and crew prior to such ship's entering the territorial waters of this state, and until such ship exits the territorial waters of this state; and no gambling is permitted on such ship at any time while such ship is in the territorial waters of this state or docked in a port of this state; and no such gambling device may be removed from such ship at any Georgia port.'" By renumbering Section 2 as Section 3. On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 1512 would be suspended and placed on the Senate General Calendar. The following general bill of the House, having been read the third time and placed on the Table previously today, and taken from the Table previously today, was put upon its passage: HB 1598. By Representatives Isakson of the 21st, Ransom of the 90th, Yates of the 75th and others: A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the State Board of Education to provide by rule or regulation for the form, content, and issuance of student identification cards; to provide guidelines for the issuance of such cards. Senate Sponsor: Senator Egan of the 40th. Senator Parker of the 15th offered the following amendment: Amend HB 1598 by striking lines 25 and 26 of page 1, and by striking lines 1 and 2 of page 2, and by striking "(3)" on line 3, page 2 and renumbering it "(2)". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Bowen Broun Hammill Johnson Kidd McKenzie Parker Peevy Perry Ragan of 10th Scott of 2nd Scott of 36th Stumbaugh 2272 JOURNAL OF THE SENATE Tate Taylor Timmons Turner Walker Those voting in the negative were Senators: Albert Baldwin Burton XCo,lyeman Collins Dawkins Deal Dean Edge Egan English Fincher F,,os,.ter Fuller Garner Gillis Harris Huggins Kennedy Land Newbill P,,hi.,llip.s Pollard Ragan of 32nd Rfly Starr Tysinger Those not voting were Senators: Barnes Brannon Echols Engram Howard Langford Olmstead Shumake On the adoption of the amendment, the yeas were 20, nays 28, and the amendment was lost. Senator Gillis of the 20th offered the following amendment: Amend HB 1598 by adding on page 2, line 1, after "average" and before "during" the following: "or better". Senator Gillis of the 20th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Gillis of the 20th was withdrawn. Senator Ragan of the 32nd offered the following amendment: Amend HB 1598 on page 1, line 16, following the word "of, by adding the word "spe cial"; on page 1, line 20, following the letter (b), by adding the word "special"; on page 1, line 22, following the number (1), by adding the word "special"; on page 1, line 25, following the number (2), by adding the word "special"; and on page 2, line 3, following the number (3), by adding the word "special". Senator Ragan of the 32nd asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Ragan of the 32nd was withdrawn. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Clay Deal Baldwin Collins Edge Burton Dawkins Egan TUESDAY, MARCH 6, 1990 2273 Fincher Foster Fuller Garner Land Newbill Phillips Ragan of 32nd Tysinger Those voting in the negative were Senators: Allgood Barker Bowen ^r?un Coleman DEneganlish Gillis Hammill Harris Muggins Johnson Kennedy J"dd McKenzie PPeaerkvyer Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Stumbaugh T *lavl,or Timmons Turner Walker Those not voting were Senators: Barnes Brannon Echols Engram Howard Langford Olmstead Shumake Stair On the passage of the bill, the yeas were 18, nays 29. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Egan of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1598. The President stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 7:20 o'clock P.M. today. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th and others: A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof. Senate Sponsor: Senator Parker of the 15th. Senators Peevy of the 48th and Olmstead of the 26th offered the following amendment: Amend HB 1228 by striking from lines 1 through 4 of page 1 the following: "Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as", and inserting in their place the following: "Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to authorize certain courts to refer certain domestic cases to mediation; to provide for cer tain immunity of such mediators; to provide for civil liability of such mediators;". 2274 JOURNAL OF THE SENATE By inserting between "proof;" and "to" on line 7 of page 1 the following: "to authorize certain courts to refer certain contested custody and visitation cases to mediation; to provide for certain immunity of such mediators; to provide for civil liability of such mediators; to provide for notice; to provide for availability of certain records and infor mation; to provide for the establishment of mediation services and programs; to provide for personnel; to provide for fees; to provide for a domestic relations mediation advisory com mittee; to provide for the powers and duties of such committee;". By striking lines 10 through 15 of page 1 in their entirety and inserting in their place the following: "Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-5-1, relating to the granting of total di vorce, and inserting in its place a new Code Section 19-5-1 to read as follows: '19-5-1. (a) Total divorces may be granted in proper cases by the superior court. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and perma nent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings. (b) In any domestic case before a final order is entered, in jurisdictions where there is available a mediation program approved by the Council of District Administrative Judges, as provided in Code Sections 19-9-80 and 19-9-81, a court, upon its own motion or request of one or both parties, has the discretionary power to refer such matters to mediation as an additional resource to assist the parties in attempting to resolve the issues in dispute and to reach a mutually acceptable agreement. If such agreement results from the mediation, it must be submitted to the court for approval and incorporation in the court's judgment and order regarding the domestic relations action before the court. (c) Mediators providing services under this Code section are immune from process and any statements, admissions, records, or representations not otherwise discoverable made by the parties or mediator involved in the mediation activities, except for the written agree ment which may result from the mediation, are deemed part of the settlement process and are inadmissible in subsequent court proceedings. (d) The civil liability of mediators operating under this Code section shall be limited to willful and wanton misconduct.' Section 2. Said title is further amended by striking subsection (a) of Code Section 19-510, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, and inserting in its place a new subsection (a) to read as follows:". By inserting between lines 2 and 3 of page 2 the following: "Section 3. Said title is further amended by adding three new Code sections providing for mediation in certain contested custody and visitation matters immediately following Code Section 19-9-5, to be designated Code Section 19-9-6, 19-9-7, and 19-9-8, to read as follows: '19-9-6. (a) In all contested custody and visitation matters where there is available a mediation program or mediator approved by the Council of District Administrative Judges, a court, upon its own motion or request of one or both parties, has the discretionary power to refer such matters to mediation as an additional resource to assist the parties in attempt ing to resolve the issues in dispute and to reach a mutually acceptable agreement in the best interest of the child. If such agreement results from the mediation, it must be submitted to the court for approval and incorporation in the court's judgment and order regarding cus tody and visitation. (b) Any matter in which physical or sexual abuse of the child is alleged may be deemed inappropriate for referral to mediation. TUESDAY, MARCH 6, 1990 2275 (c) Mediators providing services under this Code section are immune from process and any statements, admissions, records, or representations not otherwise discoverable made by the parties or mediator involved in the mediation activities, except for the written agree ment which may result from the mediation, are deemed part of the settlement process and are inadmissible in subsequent court proceedings. (d) The civil liability of mediators operating under this Code section shall be limited to willful and wanton misconduct. 19-9-7. Except as otherwise provided in this Code section, if the custodial parent or joint custodial parent moves his or her residence from Georgia to another state, such parent must notify the noncustodial or joint custodial parent at least 60 days prior to changing such residence by filing a notification of change of residence with any court in this state having jurisdiction over any question concerning the custody of the minor child or children and delivering a copy of same, by certified mail, to the noncustodial or joint custodial par ent. If the custodial parent or joint custodial parent receives less than 60 days' prior notice that a residence change must be made, such parent shall promptly give reasonable notice to the court. Failure of the custodial parent or joint custodial parent to notify the court of a change of residence within 60 days, or within such reasonable period as shall be determined by the court, prior to leaving the state shall result in a fine of $1,000.00 to be assessed against the custodial or joint custodial parent in violation of this Code section. 19-9-8. Unless otherwise provided by court order or law, all records and information pertaining to the child, including medical, dental, school, and law enforcement records, shall be equally available to both parents in all types of custody arrangements.' Section 4. Said title is further amended by adding a new article establishing mediation services and programs at the end of Chapter 9, to be designated Article 4, to read as follows: 'ARTICLE 4 19-9-80. (a) The Council of District Administrative Judges shall cause to be established a custody and visitation mediation service to provide state-wide and uniform mediation pro grams for local judicial circuits in cases involving unresolved domestic relations cases, in cluding issues relating to the custody, visitation, or support of a minor child or children, division of property, and alimony. The purpose of the domestic relations mediation pro grams shall be to provide the services of skilled mediators to resolve disputes involving cus tody and visitation rights. (b) The Council of District Administrative Judges shall establish a state-wide custody and visitation mediation service comprised of local circuit mediation programs to be estab lished in all judicial circuits of the state opting to participate in mediation or custody and visitation matters. Each local circuit mediation program shall consist of a skilled qualified mediator or mediators to provide mediation services and such clerical staff as the Council of Administrative Judges in consultation with the chief judge of the local judicial circuit deems necessary. Such personnel, to be employed by the chief judge of the circuit, may serve as full-time or part-time state employees or, in the alternative, such mediation services may be provided on a contractual basis when determined appropriate by the Council of District Administrative Judges. All or part of a mediation program in one judicial circuit may be authorized by the Council of District Administrative Judges to be operated in conjunction with that of another circuit or circuits. The Council of District Administrative Judges or the district court administrators are authorized to approve contractual agreements for such me diation services as executed by order of the chief judge of the circuit. The Council of Dis trict Administrative Judges shall promulgate rules and regulations necessary and appropri ate for the administration of the programs with the advice of the domestic relations mediation advisory committee appointed by the Chief Justice of the Supreme Court of Georgia and upon the approval of the Supreme Court of Georgia. (c) The clerks of the superior courts in each judicial circuit participating in mediation services shall charge an additional fee of not less than $5.00 in each divorce, alimony, child 2276 JOURNAL OF THE SENATE support, annulment, and separate maintenance case and in any modification of decree filing in any such case to cover the costs of mediation provided for by this article. 19-9-81. (a) The Council of District Administrative Judges shall, in cooperation with the chief judge of each circuit and other circuit personnel, implement and administer the local judicial circuit programs specified by this article. (b) The Chief Justice of the Supreme Court of Georgia shall appoint a domestic rela tions mediation advisory committee consisting of at least five members to advise the domes tic relations mediation programs in the local judicial circuits in regard to training and quali fications of mediators and fees to be assessed by each participating local district to cover the costs of such mediation services. The members of the advisory committee shall receive the same per diem and reimbursement for travel expenses as members of the Council of District Administrative Judges. (c) The custody and visitation mediation advisory committee shall be appointed by Au gust 1, 1990, and shall submit, within 90 days of their appointment, standards and rules proposed for approval by the Supreme Court of Georgia to the Council of Administrative District Judges for its review and approval.'" By striking "2" from line 3 of page 2 and inserting in its place "5". On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 1228 would be suspended and placed on the Senate General Calendar. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 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 House substitute to SB 597 was as follows: A BILL To be entitled an Act 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 provide a short title; to provide for declaration of purpose and policies; to define certain terms; to provide for contracts between the trust and purchasers for the advance payment of tuition by each purchaser for a qualified beneficiary to attend a state institution of higher education; to provide for types of contracts; to provide conditions for the termination of advance tuition payment contracts; to provide for refunds of payments made under advance tuition pay ment contracts under certain circumstances; to provide for payment of refunds to indepen dent degree-granting colleges or universities located in the state or to community or junior colleges located in this state under certain circumstances; to provide for an advance tuition payment fund within the trust into which advance tuition payments are made; to provide that moneys in such fund shall not be considered state revenues or moneys; to provide for payments from the fund; to create the board of directors of the Georgia Education Trust; to provide for vacancies on such board; to provide certain allowances and reimbursement of expenses incurred by members in carrying out their duties; to provide for organization, TUESDAY, MARCH 6, 1990 2277 meetings, and powers and duties of the board; to provide for annual audits of the trust; to provide for administration of the trust to assure the actuarial soundness of the trust; to require the trust to solicit from the Securities and Exchange Commission certain answers to ruling requests of the trust; to provide for services; to provide for the assets of the trust; to provide that advance tuition payment contracts shall not be construed to promise or guar antee certain results concerning the admission to or graduation from institutions of higher education; to provide that advance tuition payment contracts shall be exempt from Chapter 5 of Title 10, the "Georgia Securities Act of 1973"; to provide for payment of operation costs; 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 adding at the end of said chapter a new Article 10 to read as follows: "ARTICLE 10 20-3-600. This article shall be known and may be cited as the 'Georgia Education Trust Act.' 20-3-601. The General Assembly finds and declares the following: (1) It is an essential function of state government to encourage schools and the means of education, as provided in Article VIII, Section I, Paragraph I of the Constitution; (2) It is a responsibility of state government to maintain state institutions of higher education as provided by Article VIII, Section IV of the Constitution; (3) It is an essential function of state government to encourage attendance at state institutions of higher education; (4) Tuition costs at public institutions of higher education are difficult for many to afford and are unpredictable which causes problems when families attempt to plan for the cost of higher education; (5) It is in the best interest of the people of this state to foster public higher education resulting in more educated citizens; (6) It is in the best interest of the people of this state to encourage state residents to enroll in state public institutions of higher learning; (7) Students in elementary and secondary schools tend to achieve to a higher standard of performance when the payment or tuition for their higher education is secured; and (8) Providing assistance to assure the higher education of the citizens of this state is necessary and desirable for the public health, safety, and welfare. 20-3-602. In light of the findings described in Code Section 20-3-601, the General As sembly declares that the purposes of the Georgia Education Trust created by this article are: (1) To encourage education and the means of education; (2) To maintain state institutions of higher education by helping to provide a stable financial base to these institutions; (3) To provide wide and affordable access to state institutions of higher education for the residents of this state; (4) To encourage attendance at state institutions of higher education; (5) To provide students and their parents economic protection against rising tuition costs; (6) To provide students and their parents financial assistance for postsecondary education; 2278 JOURNAL OF THE SENATE (7) To help provide the benefits of higher education to the people of this state; and (8) To encourage elementary and secondary students in this state to achieve high stan dards of performance. 20-3-603. As used in this article, the term: (1) 'Advance tuition payment contract' means a contract entered into by the trust and a purchaser pursuant to this article to provide for the higher education of a qualified beneficiary. (2) 'Board' means the board of directors of the Georgia Education Trust described in Code Section 20-3-609. (3) 'Fund' means the advance tuition payment fund created within the Georgia Educa tion Trust as provided in Code Section 20-3-608. (4) 'Purchaser' means a person who makes or is obligated to make advance tuition pay ments pursuant to an advance tuition payment contract. (5) 'Qualified beneficiary' means any resident of this state. (6) 'State institution of higher education* means any four-year college or university within the University System of Georgia. (7) 'Trust' or 'trust fund' means the Georgia Education Trust created in Code Section 20-3-604. (8) 'Weighted average tuition cost of state institutions of higher education' means the tuition cost arrived at by adding the products of the annual undergraduate in-state tuition cost at each state institution of higher education and its total number of undergraduate fiscal year equated students and then dividing the gross total of this cumulation by the total number of undergraduate fiscal year equated students attending state institutions of higher education. 20-3-604. (a) There is created a public body corporate and politic to be known as the Georgia Education Trust. The trust shall be within the Georgia Student Finance Commission. (b) The purposes, powers, and duties of the trust are vested in and shall be exercised by a board of directors as described in Code Section 20-3-609. 20-3-605. (a) The trust, on behalf of itself and the state, may contract with a purchaser for the advance payment of tuition by the purchaser for a qualified beneficiary to attend any of the state institutions of higher education to which the qualified beneficiary is admit ted, without further tuition cost to the qualified beneficiary. In addition, an advance tuition payment contract shall set forth all of the following: (1) The amount of the payment or payments required from the purchaser on behalf of the qualified beneficiary; (2) The terms and conditions for making the payment, including, but not limited to, the date or dates upon which the payment, or portions of the payment, shall be due; (3) Provisions for late payment charges and for default; (4) The name and age of the qualified beneficiary under the contract. The purchaser, with the approval of and on conditions determined by the trust, may subsequently substi tute another person for the qualified beneficiary originally named; (5) The number of credit hours covered by the contract; (6) The name of the person entitled to terminate the contract, which, as provided by the contract, may be the purchaser, the qualified beneficiary, or a person to act on behalf of the purchaser or qualified beneficiary, or any combination of these persons; (7) The terms and conditions under which the contract may be terminated and the amount of the refund, if any, to which the person terminating the contract, or specifically TUESDAY, MARCH 6, 1990 2279 the purchaser or designated qualified beneficiary if the contract so provides, shall be enti tled upon termination; (8) The assumption of a contractual obligation by the trust to the qualified beneficiary on its own behalf and on behalf of the state to provide for credit hours of higher education, not to exceed credit hours required for the granting of a baccalaureate degree, at any state institution of higher education to which the qualified beneficiary is admitted. The advance tuition payment contract shall provide for the credit hours of higher education that a quali fied beneficiary may receive under the contract if the qualified beneficiary is not entitled to in-state tuition rates; (9) The period of time from the beginning to the end of which the qualified beneficiary may receive the benefits under the contract; (10) All other rights and obligations of the purchaser and the trust; and (11) Other terms, conditions, and provisions as the trust considers in its sole discretion to be necessary or appropriate. (b) The form of any advance tuition payment contract to be entered into by the trust shall first be approved by the Office of Planning and Budget. (c) The trust shall make any arrangements that are necessary or appropriate with the board of regents or state institutions of higher education in order to fulfill its obligations under advance tuition payment contracts, which arrangements may include, but need not be limited to, the payment by the trust of the then actual in-state tuition cost on behalf of a qualified beneficiary to the state institution of higher education. (d) An advance tuition payment contract shall provide that the trust provide for the qualified beneficiary to attend a community or junior college in this state before entering a state institution of higher education if the beneficiary so chooses and that the contract may be terminated pursuant to Code Section 20-3-607 after completing the requirements for a degree at the community or junior college in this state or before entering a state institution of higher education. (e) An advance tuition payment contract may provide that, if after a number of years specified in the contract the contract has not been terminated or the qualified beneficiary's rights under the contract have not been exercised, the trust shall retain the amounts other wise payable and the rights of the qualified beneficiary, the purchaser, or the agent of either shall be considered terminated. 20-3-606. (a) At a minimum, the trust shall offer contracts of the two types set forth in paragraphs (1) and (2) of this subsection, to be known as Plan A and Plan B, respectively. (1) Under Plan A: (A) A payment or series of installment payments of not less than $50.00 per month shall be required from the purchaser on behalf of a qualified beneficiary. (B) If an advance tuition payment contract is terminated before a qualified beneficiary earns a high school diploma or reaches the age of majority, or pursuant to paragraph (4) of subsection (a) of Code Section 20-3-607, the trust shall refund the face amount of the pay ment or payments in accordance with the terms of the contract, less any administrative fee specified in the contract, but shall not refund any investment income attributable to the payments. (C) Except as provided in subparagraph (D) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for the number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified benefi ciary, except as provided in subsection (a) of Code Section 20-3-605 for a qualified benefi ciary who is not entitled to in-state tuition rates. (D) As an alternative to subparagraph (C) of this paragraph, the trust shall provide for 2280 JOURNAL OF THE SENATE the qualified beneficiary to attend a state institution of higher education at which the quali fied beneficiary attends for a fixed number of credit hours, as permitted by the trust, less than the total number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary for that fixed number of credit hours, except as provided in subsection (a) of Code Section 20-3-605 for a qualified beneficiary who is not entitled to in-state tuition rates. (2) Under Plan B: (A) A payment or series of installment payments of not less than $50.00 per month shall be required on behalf of a qualified beneficiary. (B) If an advance tuition payment contract is terminated before a qualified beneficiary earns a high school diploma or reaches the age of majority, or pursuant to paragraph (4) of subsection (a) of Code Section 20-3-607, the trust shall refund the face amount of the pay ment or payments in accordance with the terms of the contract, less any administrative fee specified in the contract, together with all or a specified portion of accrued investment in come attributable to the payment or payments as may be agreed to in the contract. (C) Except as provided in subparagraph (D) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for the number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified benefi ciary, except as provided in subsection (a) of Code Section 20-3-605 for a qualified benefi ciary who is not entitled to in-state tuition rates. (D) As an alternative to subparagraph (C) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the quali fied beneficiary attends for a fixed number of credit hours, as permitted by the trust, less than the total number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary for that fixed number of credit hours, except as provided in subsection (a) of Code Section 20-3-605 for a qualified beneficiary who is not entitled to in-state tuition rates. (b) Contracts required to be offered by this Code section may require that payment or payments from a purchaser, on behalf of a qualified beneficiary who may attend a state institution of higher education in less than four years after the date the contract is entered into by the purchaser, be based upon attendance at a certain state institution of higher education or at that state institution of higher education with the highest prevailing tuition cost for the number of credit hours covered by the contract. (c) Contracts required to be offered by this Code section shall be offered with two alter natives. One alternative shall offer advance tuition payment contracts that provide the credit hours of higher education necessary for the granting of a baccalaureate degree at any of the state institutions of higher education. The second alternative shall provide that the number of credit hours of higher education a qualified beneficiary may receive under the contract will be reduced to a percentage of the credit hours required for the granting of a baccalaureate degree at a state institution of higher education, as specified in the contract, if the qualified beneficiary enrolls in a state institution of higher education imposing at the time the qualified beneficiary enrolls an annual tuition rate that is greater than 105 percent of the weighted average annual tuition rate of all state institutions of higher education. This subsection shall not preclude a state institution of higher education at which a qualified beneficiary is entitled to receive less than the minimum number of credit hours required for the granting of a baccalaureate degree from providing that qualified beneficiary, without further tuition charges, the additional credit hours necessary to receive a baccalaureate (d) If a beneficiary of an advance tuition payment contract with either an alternative one or alternative two designation, as described in subsection (c) of this Code section, at tends a community or junior college for two years at the in-state tuition rate, that benefi- TUESDAY, MARCH 6, 1990 2281 ciary then may attend any state institution of higher education at no additional tuition cost and receive the number of credit hours necessary for the awarding of a baccalaureate degree. 20-3-607. (a) An advance tuition payment contract shall authorize a termination of the contract when any one of the following occurs: (1) The qualified beneficiary dies; (2) The qualified beneficiary is not admitted to a state institution of higher education after making proper application; (3) The qualified beneficiary certifies to the trust that he or she has decided to attend and has been accepted by a Georgia independent, degree-granting institution of postsecondary education recognized by the board of regents or, after he or she has a high school diploma or has reached the age of majority, he or she has decided not to attend a state institution of higher education and requests, in writing, before July 15 of the year in which the qualified beneficiary desires to terminate the contract, that the advance tuition payment contract be terminated; or (4) Other circumstances, determined by the trust and set forth in the advance tuition payment contract, occur. (b) Except as provided in subparagraphs (a) (1) (B) and (a) (2) (B) of Code Section 203-606, an advance tuition payment contract shall provide for a refund pursuant to this Code section to a person to whom the refund is payable under the contract upon termination of the contract. If the qualified beneficiary has a high school diploma or has reached the age of majority, and attends an institution of higher education, the amount of a refund, except as provided in subsection (d) of this Code section, shall be the lesser of the average tuition cost of all state institutions of higher education on the date of termination of the contract, or the face amount of the payment or payments and any accrued investment income attributable to the payment or payments, if he or she is covered by alternative one, as described in subsection (c) of Code Section 20-3-606, or the lowest tuition cost of all state institutions of higher education on the date of termination of the contract if he or she is covered by alter native two or does not attend an institution of higher education. The amount of a refund shall be reduced by an appropriate percentage if the purchaser entered into an advance tuition payment contract that provided for a fixed number of credit hours less than the total number of credit hours required by a state institution of higher education for the awarding of a baccalaureate degree, by the amount transferred to a community or junior college on behalf of a qualified beneficiary when the contract is terminated as provided in subsection (d) of Code Section 20-3-605, and by the amount transferred to a state institution of higher education on behalf of a qualified beneficiary. Termination of a contract and the right to receive a refund shall not be authorized under the contract if the qualified beneficiary has completed more than one-half of the credit hours required by the state institution of higher education for the awarding of a baccalaureate degree. However, this provision shall not af fect the termination and refund rights of a graduate of a community or junior college. Pur suant to this subsection and except as provided by subsection (c) of this Code section, the trust shall make refund payments in equal installments over four years and not later than August 15 of the year due. (c) An advance tuition payment contract shall authorize a person, who is entitled under the advance tuition payment contract to terminate the contract, to direct payment of the refund to an independent degree-granting college or university in this state or to a commu nity or junior college located in this state. If directed to make payments pursuant to this subsection, the trust shall transfer to the designated institution an amount equal to the tuition due for the qualified beneficiary, but the trust shall not transfer a cumulative amount greater than the refund to which the person is entitled. If the refund exceeds the total amount of transfers directed to the designated institution, the excess shall be returned to the person to whom the refund is otherwise payable. (d) Notwithstanding any other provision of this article, the amount of a refund paid upon termination of the advance tuition payment contract by a person who directs the trust 2282 JOURNAL OF THE SENATE pursuant to subsection (c) of this Code section to transfer the refund to an independent degree-granting college or university located in this state shall not be less than the prevail ing weighted average tuition cost of state institutions of higher education for the number of credit hours covered by the contract on the date of termination. In calculating the amount of a refund for an advance payment contract containing the restrictions provided by subsec tion (c) of Code Section 20-3-606, the prevailing weighted average tuition cost shall be based upon only those state institutions of higher education at which the qualified beneficiary could have received sufficient credit hours for a baccalaureate degree. 20-3-608. (a) There is created under the jurisdiction and control of the board and within the trust an advance tuition payment fund. Payments received by the trust from purchasers on behalf of qualified beneficiaries or from any other source, public or private, shall be placed in the fund. The fund may be divided into separate accounts. (b) Assets of the trust, including the fund, shall not be considered state moneys or revenues of the state and shall not be governed by Article III, Section IX or Article VII, Section III of the Constitution. (c) Unless otherwise provided by resolution of the board, assets of the trust shall be expended in the following order of priority: (1) To make payments to state institutions of higher education on behalf of qualified beneficiaries; (2) To make refunds upon termination of an advance tuition payment contract; and (3) To pay the costs of organization, administration, and operation of the trust and the fund. 20-3-609. (a) The board of directors of the Georgia Education Trust shall consist of the executive director of the Georgia Student Finance Commission and six other members with knowledge, skill, and experience in the academic, business, or financial field, who shall be appointed by the Governor and confirmed by the Senate. Members of the board other than the executive director of the Georgia Student Finance Commission shall be appointed for terms of four years, the initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. State officers or employees may be ap pointed to the board unless otherwise prohibited by law; provided, however, that at least three members of the board shall be citizens from the state at large. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the board, the vacancy shall be filled in the same manner as the original appoint ment and the successor shall serve for the unexpired term. (c) The initial terms for all members shall begin September 1, 1990. (d) The Governor shall designate a chairperson of the board from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The board shall elect a vice-chairperson and may elect such other officers and committees as it consid ers appropriate. (e) Members of the board shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance at a meeting of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance as members of the General Assembly receive. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the advance tuition payment fund. (f) The board may delegate to its chairperson, vice-chairperson, or others such func tions and authority as the board considers necessary or appropriate. These functions may include, but are not limited to, the oversight and supervision of employees of the trust. (g) A majority of the members of the board serving shall constitute a quorum for the TUESDAY, MARCH 6, 1990 2283 transaction of business at a meeting of the board or the exercise of a power or function of the trust, notwithstanding the existence of one or more vacancies. Voting upon action taken by the board shall be conducted by majority vote of the members present in person at a meeting of the board, and, if authorized by the bylaws of the board and when a quorum is present in person at the meeting, by use of amplified telephonic equipment. The board shall meet at the call of the chairperson and as may be provided in the bylaws of the trust. Meetings of the board may be held anywhere within the state. (h) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Chapter 14 of Title 50. Public notice of the time, date, and place of the meeting shall be given in the manner required by subsection (e) of Code Section 50-14-1. (i) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public if required by Arti cle 3 or 4 of Chapter 18 of Title 50. 20-3-610. In addition to the powers granted by other provisions of this article, the board shall have the powers necessary or convenient to carry out and effectuate the purposes, objectives, and provisions of this article, the purposes and objectives of the trust, and the powers delegated by other laws or executive orders, including, but not limited to, the power to: (1) Invest any money of the trust fund only in general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax-exempt obligations issued by any state, county, municipal corporation, district, or politi cal subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclu sively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be ac quired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others; (2) Pay money to state institutions of higher education from the trust; (3) Impose reasonable residency requirements for qualified beneficiaries; (4) Impose reasonable limits on the number of participants in the trust; (5) Segregate contributions and payments to the trust fund into various accounts and funds; (6) Contract for goods and services and engage personnel as is necessary and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for rendering professional, management, and technical assistance and advice, payable out of any money of the trust fund; (7) Solicit and accept gifts, grants, loans, and other aid from any person or the federal, state, or a local government or any agency of the federal, state, or a local government or to participate in any other way in any federal, state, or local government program; (8) Charge, impose, and collect administrative fees and charges in connection with any transaction and to provide for reasonable penalties, including default, for delinquent pay ment of fees or charges or for fraud; (9) Procure insurance against any loss in connection with the trust's property, assets, or activities; 2284 JOURNAL OF THE SENATE (10) Bring actions and defend actions; have a seal and alter the same at pleasure; have perpetual succession; make, execute, and deliver contracts, conveyances, and other instru ments necessary or convenient to the exercise of its powers; and make and amend bylaws; (11) Enter into contracts on behalf of the state; (12) Administer the funds of the trust; (13) Indemnify or procure insurance indemnifying any member of the board from per sonal loss or accountability from liability resulting from a member's action or inaction as a member of the board, including, but not limited to, liability asserted by a person on any bonds or notes of the trust; (14) Impose reasonable time limits on use of the tuition benefits provided by the trust, if the limits are made a part of the contract; (15) Define the terms and conditions under which money may be withdrawn from the trust, including, but not limited to, reasonable charges and fees for any such withdrawal, if the terms and conditions are made a part of the contract; (16) Provide for receiving contributions in lump sums or periodic sums; (17) Establish policies, procedures, and eligibility criteria to implement this article; and (18) Enter into arrangements with Georgia institutions of higher education for the trust to offer on behalf of the institution advance tuition payment contracts under which the Georgia institution of higher education will be contractually obligated to provide a benefi ciary under the contract with credit hours of higher education in addition to those required for a baccalaureate degree. 20-3-611. The board shall annually prepare or cause to be prepared an accounting of the trust and shall transmit a copy of the accounting to the Governor and the General Assem bly. The board shall also make available the accounting of the trust to the purchasers of the trust. The accounts of the board shall be subject to annual audits by the state auditor or a certified public accountant appointed by the state auditor. 20-3-612. (a) The trust shall be administered in a manner reasonably designed to be actuarially by sound such that the assets of the trust will be sufficient to defray the obliga tions of the trust. (b) In the accounting of the trust made pursuant to Code Section 20-3-611, the board shall annually evaluate or cause to be evaluated the actuarial soundness of the trust by a nationally recognized actuarial firm and determine the additional assets needed, if any, to defray the obligations of the trust. If there are not funds sufficient to ensure the actuarial soundness of the trust, the trust shall adjust payments of subsequent purchases to ensure its actuarial soundness. If there are insufficient numbers of new purchasers to ensure the actua rial soundness of a plan of the trust, the available assets of the trust attributable to the plan shall be immediately prorated among the then existing contracts, and these shares shall be applied, at the option of the person to whom the refund is payable or would be payable under the contract upon termination of the contract, either towards the purposes of the contract for a qualified beneficiary or disbursed to the person to whom the refund is payable or would be payable under the contract upon termination of the contract. (c) Before entering into advance tuition payment contracts with purchasers, the trust shall solicit answers to appropriate ruling requests from the Securities and Exchange Com mission regarding the application of federal security laws to the trust. No contracts shall be entered without the trust making known the status of the request. 20-3-613. The trust, in its discretion, may contract with others, public or private, for the provision of all or a portion of the services necessary for the management and operation of the trust. The trust shall also endeavor to work with private sector investment managers, state institutions of higher education, and independent degree-granting colleges and univer sities in this state to study the feasibility of instituting programs among these parties that insure full tuition payment upon purchase of a prepayment plan. The trust shall evaluate TUESDAY, MARCH 6, 1990 2285 the feasibility and actuarial soundness of a prepayment plan exclusively for community and junior colleges. The board shall submit a report to the legislature before December 31, 1991, regarding its success at instituting programs among private sector investment managers, state institutions of higher education, and independent degree-granting colleges and univer sities of the state that insure full tuition prepayment plans. 20-3-614. The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes set forth in this article and shall not be loaned or other wise transferred or used by the state for any purpose other than the purposes of this article. This Code section shall not be construed to prohibit the trust from investing in, by purchase or otherwise, bonds, notes, or other obligations of the state, an agency of the state, or an instrumentality of the state. 20-3-615. Nothing in this article or in an advance tuition payment contract entered into pursuant to this article shall be construed as a promise or guarantee by the trust or the state that a person will be admitted to a state institution of higher education or to a particular state institution of higher education, will be allowed to continue to attend a state institution of higher education after having been admitted, or will be graduated from a state institution of higher education. 20-3-616. An advance tuition payment contract shall be exempt from Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' An advance tuition payment contract may not be sold or otherwise transferred by the purchaser or qualified beneficiary without the prior approval of the trust. 20-3-617. On and after July 1,1991, all costs of organization, administration, and opera tion of the trust shall be paid solely from application fee funds and investment income of the trust." Section 2. This Act shall become effective July 1, 1990. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Foster of the 50th moved that the Senate agree to the House substitute to SB 597 as amended by the following amendment: Amend the House substitute to SB 597 by inserting between "to" and "create" on line 3 of page 1 the following: "enact the 'College Opportunity Act'; to". By striking " 'Georgia Education Trust Act.' " from line 18 of page 2 and inserting in its place " 'College Opportunity Act.' " On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th 2286 JOURNAL OF THE SENATE Starr Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Echols Engram Fuller Garner Kidd Langford Shumake Stumbaugh On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 597 as amended by the Senate. The following general resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption: HR 574. By Representative Smith of the 78th: A resolution compensating Mr. Chris A. Smith in the sum of $1785.00. Senate Sponsor: Senator Ray of the 19th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. The resolution, involving an appropriation, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen B/0"" Burton CCloalyeman Collins Deal Dean Egan English Fincher Foster Fuller Gillis Hammill Harris Howard Huggins JKoehnnnseodny Land McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr oS*tumbuaughu Tate T?ylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Dawkins Echols Edge Engram Garner Kidd Langford Newbill Scott of 2nd Shumake On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. TUESDAY, MARCH 6, 1990 2287 HR 682. By Representative Smith of the 16th: A resolution compensating the Richard B. Russell Airport in the sum of $1256.84. Senate Sponsor: Senator Ray of the 19th. The report of the committee, which was favorable to the adoption of the resolution, was to. The resolution, involving an appropriation, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Foster Fuller Gillis Hammill Harris Burton CCloalyeman Collins Deal Dean Egan English Fincher Huggms JKoehnnnseodny Land McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Sgtcaortrt of 36th cSutumbi_aughi_ Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Dawkins Echols Edge Engram Garner Kidd Langford Newbill Scott of 2nd Shumake On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 719. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris in the sum of $678.41. Senate Sponsor: Senator Ray of the 19th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. The resolution, involving an appropriation, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Collins Deal Dean 2288 JOURNAL OF THE SENATE Egan English Fincher Foster Fuller GHialmlismill Harris Howard Huggins Johnson Kennedy Land McKenzie Olmstead Parker PPeeerrvyy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh T ta Tiaay,lor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Dawkins Echols Edge Engram Garner Kidd Langford Newbill Scott of 2nd Shumake On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 785. By Representative Powell of the 145th: A resolution compensating Mr. Harold O. Day in the sum of $2409.00. Senate Sponsor: Senator Ray of the 19th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. The resolution, involving an appropriation, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Collins Deal Dean Egan English Fincher Foster Fuller Gillis Hammill Harris goward Huggins Johnson Kennedy Land McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th o tflrr ^tarr , Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Dawkins Echols Edge Engram Garner Kidd Langford Newbill Scott of 2nd Shumake TUESDAY, MARCH 6, 1990 2289 On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 787. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Melissa D. Walker in the sum of $410.03. Senate Sponsor: Senator Ray of the 19th. The report of the committee, which was fovorable to the adoption of the resolution, was agreed to. The resolution, involving an appropriation, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Bowen Broun Burton Clay Coleman Collins Deal Dean Egan English Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Land McKenzie Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barnes Brannon Dawkins Echols Edge Engram Garner Kidd Langford Newbill Scott of 2nd Shumake On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Kennedy of the 4th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed. At 7:20 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow. 2290 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 7, 1990 Thirty-ninth 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 Senate: 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 chair man 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. SB 614. By Senator Foster of the 50th: A bill to amend an Act creating a new charter for the City of Dahlonega so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the authority for this Act. SB 756. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date. SB 757. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the compensation of the solicitor and assistant solicitors; to pro vide for related matters; to provide an effective date. SB 758. By Senator Brannon of the 51st: A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Gordon County; to provide a short title; to provide for definitions; to provide for the district's governing authority. SB 693. By Senator Harris of the 27th: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to change the provisions relating to the maintenance of securities deposits; to change the provisions relat ing to the maintenance of loss reserves. WEDNESDAY, MARCH 7, 1990 2291 SB 312. By Senator Barker of the 18th: A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia-Federal State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said in spection service. SB 79. By Senator Timmons of the llth: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to membership in the system; to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provi sions relating to membership in the fund. SB 707. By Senators Scott of the 2nd and Edge of the 28th: A bill to amend Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, so as to change the time and requirements of recording certain state real property acqui sition and disposition instruments and plats with the State Properties Commis sion; to provide for other matters relative thereto; to provide an effective date. SB 699. By Senator Baldwin of the 29th: A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that neither computer programs nor computer software are subject to the provisions of said article; to define terms; to provide an effective date. The House has adopted by the requisite constitutional majority the following resolu tions of the Senate: SR 414. By Senator Kennedy of the 4th: A resolution creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas. 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 380. By Senator Kidd of the 25th: A resolution recognizing the month of May, 1990, as "Motorcycle Awareness and You Month" in Georgia. 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. 2292 JOURNAL OF THE SENATE The House has passed by the requisite constitutional majority the following bills of the Senate: SB 637. By Senators Ray of the 19th, Parker of the 15th, Phillips of the 9th and others: A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veteran's license plates, so as to provide that the commissioner of revenue is authorized and directed to design the license plate of disabled veterans. SB 58. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretarytreasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer. 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. SB 708. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others: 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. SB 238. By Senators Peevy of the 48th, Deal of the 49th and Allgood of the 22nd: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody cases. SB 691. By Senator English of the 21st: A bill to amend Code Section 10-410 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 House has agreed to the Senate substitutes to the following bills of the House: 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 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- WEDNESDAY, MARCH 7, 1990 2293 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 1757. By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information. HB 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th: A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws. HB 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 1396. By Representatives Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd, Kingston of the 125th and Pannell of the 122nd: A bill to create the Intergovernmental Council of Chatham County. The House has agreed to the Senate amendments to 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 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. 2294 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolution of the Senate: 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; and for other purposes. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1038. Do pass. HB 2050. Do pass. HB 1917. Do pass as amended. HB 2051. Do pass. HB 1942. Do pass. HB 2052. Do pass. HB 1943. HB 1956. HB 1984. HB 1986. HB 1998. HB 2000. HB 2002. HB 2009. HB 2012. HB 2013. HB 2015. HB 2023. HB 2035. HB 2040. HB 2042. HB 2043. Do pass. Do pass. Do pass by substitute. Do pass by substitute. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. HB 2053. HB 2055. HB 2057. HB 2059. HB 2061. HB 2062. HB 2063. HB 2064. HB 2067. HB 2068. HB 2069. HB 2070. HB 2071. HB 2072. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass. Do pass. Do pass. HB 2049. Do pass. HB 2046. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The President called for the morning roll call, and the following Senators answered to their names: Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Engram Fincher Foster Fuller Harris Huggins Kennedy WEDNESDAY, MARCH 7, 1990 2295 Kidd McKenzie Newbill Olmstead Parker Peevy Phillips PoUard Ragan of 10th Ray Starr Tate Taylor Timmons Turner Those not answering were Senators: Bowen arDeal Hammill Howard Johnson LiCandrfrd Ragan of 32nd Scott of 2nd Scott of 36th ^ugh Shumake Tysmger Walker Senator Fuller of the 52nd introduced the chaplain of the day, Reverend George Moore, Jr., pastor of the St. Paul AME Church, Rome, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 514. By Senator Broun of the 46th: A resolution expressing condolences at the passing of Mr. Quinton Lumpkin. SR 515. By Senator Broun of the 46th: A resolution expressing condolences at the passing of Mr. Harry "Squab" Jones. SR 516. By Senator Starr of the 44th: A resolution commending the North Clayton Middle School boys' basketball team. SR 517. By Senator Starr of the 44th: A resolution commending the Pointe South Junior High School Vikings girls' basketball team. SR 519. By Senator Kidd of the 25th: A resolution commending the John Milledge Academy girls' basketball team. SR 520. By Senator Dean of the 31st: A resolution commending Coach Mark Pettit and the Bremen High School wres tling team. 2296 JOURNAL OF THE SENATE SR 521. By Senator Dean of the 31st: A resolution commending Joseph Alexander. SR 522. By Senator Brannon of the 51st: A resolution expressing regret at the passing of Mr. Jimmy Townsend. SR 523. By Senators Foster of the 50th and Deal of the 49th: A resolution honoring Mrs. Irene Berry of Young Harris, Georgia. SR 524. By Senator Barker of the 18th: A resolution commending Mr. Larry West. SR 525. By Senator Pollard of the 24th: A resolution commending Dr. Sophia Bamford. SR 527. By Senator Broun of the 46th: A resolution commending the University of Georgia Bulldogs basketball team. SR 528. By Senator Barnes of the 33rd: A resolution congratulating Buford and Barbara Darby. 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 Wednesday, March 7, 1990 THIRTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1038 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County City of Pooler Changes the provisions relating to the corporate limits of said city. *HB 1917 Deal, 49th Newbill, 56th Forsyth County Provides for the creation of the Johns Creek Community Improvement Dis trict. (AMENDMENT) HB 1942 Walker, 43rd Burton, 5th Stumbaugh, 55th Tysinger, 41st Howard, 42nd DeKalb County Changes the penalties for ordinance violations. WEDNESDAY, MARCH 7, 1990 2297 HB 1943 Walker, 43rd Burton, 5th Stumbaugh, 55th Tysinger, 41st Howard, 42nd DeKalb County Changes the penalties which may be imposed by the Recorder's Court of DeKalb County. HB 1956 Allgood, 22nd Albert, 23rd Richmond County City of Augusta Authorizes the governing authority of each county comprising the Augusta Judicial Circuit to supplement the state paid compensation of probation of ficers and other probation personnel of the Augusta Judicial Circuit. *HB 1984 Dawkins, 45th Rockdale County Changes the provisions relating to the compensation of the coroner. (SUB STITUTE) *HB 1986 Starr, 44th Clayton County City of Forest Park Changes the corporate limits of the City of Forest Park. (SUBSTITUTE) *HB 1998 Peevy, 48th Gwinnett County City of Lawrenceville Provides for retaining terms of office of two years for the mayor and council members. (SUBSTITUTE) HB 2000 Stumbaugh, 55th Walker, 43rd DeKalb County City of Avondale Estates Provides for the Avondale Estates Business District. HB 2002 Stumbaugh, 55th Howard, 42nd Walker, 43rd DeKalb County City of Decatur Provides for an additional member of the Board of Education of the City of Decatur. HB 2009 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County City of Pooler Provides for a homestead exemption of $30,000.00 from all City of Pooler ad valorem taxes for each resident of said city who is 65 years of age or over or 2298 JOURNAL OF THE SENATE who is totally disabled if such resident's net income does not exceed $11,500.00. HB 2012 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County City of Pooler Changes the provisions relating to the time of election, taking of office, and terms of office of the Mayor and Alderman. *HB 2013 Kidd, 25th Putnam County Changes the provisions relating to the compensation of the members of the board of commissioners of Putnam County. (SUBSTITUTE) HB 2015 Kidd, 25th Morgan County City of Madison Provides for a city manager. HB 2023 Stumbaugh, 55th Walker, 43rd DeKalb County City of Avondale Estates Provides for the corporate limits of the city. HB 2035 Edge, 28th Pike County Changes the expense allowance of the chairman and members of the board of commissioners. HB 2040 Coleman, 1st Scott, 2nd Hammill, 3rd Chatham County Changes the amount of the supplement to the salary and allowances received by the district attorney from the State of Georgia of the Eastern Judicial Circuit. HB 2042 Brannon, 51st Clay, 37th Cherokee County City of Ball Ground Provides a new charter for the City of Ball Ground. HB 2043 Kidd, 25th Gillis, 20th Olmstead, 26th Harris, 27th McKenzie, 14th Echols, 6th Bowen, 13th Barker, 18th WEDNESDAY, MARCH 7, 1990 2299 Baldwin, Peach, Houston, Telfair, Dodge, Pulaski, Wilcox, Bleckley, Laurens, Wheeler, Montgomery, Treutlen, Toombs, Crawford, Wilkinson, Jones, Twiggs, Monroe, Jasper, Bibb Counties. Creates the Middle Georgia Surface and Air Transportation Commission. HB 2049 Fincher, 54th Huggins, 53rd Catoosa County Creates a board of elections and registration for Catoosa County and pro vides for its powers and duties. HB 2050 Edge, 28th Spalding County City of Griffin Designates the chairman of the board of commissioners; provides for the se lection of a chairman pro tern; defines the powers and duties of the chairman. HB 2051 Gillis, 20th English, 21st Washington County Changes the compensation of the judge and solicitor of the State Court of Washington County. HB 2052 Walker, 43rd Burton, 5th Stumbaugh, 55th Howard, 42nd DeKalb County City of Atlanta Provides for meetings between certain individuals from the City of Atlanta and from DeKalb County to discuss provisions of contracts regarding the de livery of services in "Atlanta in DeKalb". HB 2053 Gillis, 20th Toombs County Provides that future school superintendents of the Toombs County School District shall be appointed by the board of education rather than elected. *HB 2055 Harris, 27th Monroe County City of Culloden Provides for the elections and terms of members of the city council. (AMENDMENT) HB 2057 Dean, 31st Paulding County Expands the corporate limits of the city. HB 2059 Starr, 44th Collins, 17th Clayton County Changes the compensation of the chairman and other members of the board; extends the number of days within which the final report and audit shall be submitted to the board. 2300 JOURNAL OF THE SENATE HB 2060 Starr, 44th Collins, 17th Clayton County Changes the content of the report and audit submitted to the board of com missioners. HB 2061 Starr, 44th Collins, 17th Clayton County Changes the compensation of the judge and solicitor of the State Court. HB 2062 Starr, 44th Collins, 17th Clayton County Changes the compensation of the coroner. HB 2063 Starr, 44th Collins, 17th Clayton County Provides for the determination of the millage rate by the governing authori ties of Clayton County and the Clayton County School District. HB 2064 Starr, 44th Collins, 17th Clayton County City of Riverdale Redefines the boundaries of the city. *HB 2067 Starr, 44th Collins, 17th Clayton County Changes the compensation of the sheriff and clerk of the Superior Court. (AMENDMENT) HB 2068 Starr, 44th Collins, 17th Clayton County Changes the provisions relative to the compensation of the tax commissioner. HB 2069 Broun, 46th Clarke County City of Athens Changes the compensation of the judge of the Magistrate's Court of Clarke County, and the Recorder's Court of the City of Athens. HB 2070 Starr, 44th Clayton County Provides that future school superintendents of the Clayton School District shall be nominated and elected in nonpartisan primaries and elections. HB 2071 Starr, 44th Clayton County Restates and recodifies certain existing provisions of law relating to the man- WEDNESDAY, MARCH 7, 1990 2301 ner of selection of the members of the Board of Education of Clayton County. HB 2072 Starr, 44th Collins, 17th Clayton County Changes the compensation of the judge of the Probate Court. HB 2046 Pollard, 24th Warren County City of Warrenton Changes the method of election of the mayor and members of the city coun cil. The amendments and substitutes to the following bills were put upon their adoption: *HB 1917: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1917 by striking "therewith;" on line 13 of page 1 and inserting in its place the following: "therewith; to provide for an offer to convey certain facilities and property under cer tain conditions;". By striking from lines 5 through 7 of page 5 the following: "or thereafter modified by any subsequent resolution of the Board of Commissioners of Forsyth County". By inserting between lines 9 and 10 of page 18 the following: "(d) Upon the final repayment of any and all bonds, notes, or other obligations of the district issued under this Act, the board shall make an offer to convey all property and facilities of the board and district to Forsyth County." On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted. *HB 2055: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 2055 by striking "following" from line 20 of page 1 and inserting in its place "following their". By inserting "until their" between "and" and "successors" on line 21 of page 1. By striking "a" on line 2 of page 2 and inserting in its place "his". By inserting "their" between "until" and "successors" on line 10 of page 2. By striking "until" from line 26 of page 2 and inserting in its place "until their". On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted. 2302 JOURNAL OF THE SENATE *HB 2067: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 2067 by striking from line 19 of page 2 the figure "$50,864.00" and inserting in its place the figure "$52,600.00". On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted. *HB 1984: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1984: A BILL To be entitled an Act to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, so as to change the provisions relating to the compensation of the coroner; 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 an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The coroner shall receive an annual salary equal to 10.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The coroner shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employ ees of Rockdale County if he meets the normal eligibility requirements of the programs." 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 47, nays 0, and the substitute was adopted. *HB 1986: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1986: A BILL To be entitled an Act to amend an Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4407), so as to change the corporate limits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4407), is amended by adding at the end of Section 1.11 a new subsection (c) to read as follows: "(c) The corporate boundaries of the City of Forest Park in the County of Clayton shall include: All of that tract or parcel of land lying and being in Land Lots 14, 19, 20, 45, 46, 51 & WEDNESDAY, MARCH 7, 1990 2303 52 of the 13th District, Clayton County Georgia, being more particularly described as follows: Begin at the point of intersection of the northerly right of way line of the Central of Georgia Railroad (100' right of way) with the Westerly right of way line of Hale Road, if extended northerly, said point being located in Land Lot 51; thence northwesterly along the northerly right of way line of the Central of Georgia Railroad a distance of 2,700 feet more or less to a point on the westerly right of way line of U.S. Highway No. 41 & 19; thence northerly along said right of way line a distance of 1440 feet more or less to the point of intersection of the westerly right of way line of U.S. Highway 41 & 19 and the Southeasterly right of way line of Interstate Highway No. 285; thence northeasterly along said right of way line 480 feet more or less to a point; thence leaving said right of way line East and crossing the end of Conrad Avenue a distance of 350 feet more or less to a point; thence north 875 feet more or less to a point on the southeast right of way line of Interstate right of way No. 285; thence following the southeasterly right of way line of Interstate Highway No. 285 northeasterly a distance of 1,900 feet more or less to the point of intersection of the south easterly right of way line of Interstate Highway No. 285 and the easterly right of way line of Ballard Road; thence continuing along the southeasterly right of way line of Interstate Highway No. 285 northeasterly a distance of 350 feet, more or less to a point; thence leaving said right of way line North 89 East a distance of 200.00 feet more or less to a point; thence South 0-16' East a distance of 2125.5 feet to a point on the South boundary line of Land Lot 19; thence North 89 East along said Land Lot line a distance of 500 feet more or less; thence in a southerly direction along the West lot line of Lots 8 and 9 of the Burks Acres Subdivision a distance of 193.4 feet to a point; thence in a South-southwesterly direction along the West lot line of Lots 5, 6, 7 and 8 a distance of 229.7 feet to a point; thence in a southwesterly direction along the west lot line of Lot 4 a distance of 148.9 feet to a point; thence in a northwesterly direction along the North lot line of Lot 3 a distance of 150.0 feet to a point; thence in a southerly direction along the West lot line of Lot 3 a distance of 150.0 feet to a point; thence in an easterly direction along the South line of Lot 3 of the Burks Acres Subdivision 292.5 feet to a point on the West right of way line of a 25' alley which runs between City View Drive and Scott Boulevard; thence South 0 30' West along the West right of way line of said alley a distance of 480 feet more or less; thence South 89 West a distance of 362 feet more or less; thence South 38 30' West a distance of 30 feet more or less to a point on the South right of way of Stone Mountain View Drive (40' right of way); thence along said right of way line South 51 45' East a distance of 494 feet to a point; thence South 36-30' West a distance of 325.5 feet; thence South 16-30' West a distance of 194 feet more or less; thence South 8-30' East a distance of 133.5 feet to a point; thence South 89 West a distance of 310 feet more or less; thence South 89-29'-20" West 500.00 feet to an iron pin; thence South 84-00' West a distance of 13.80 feet to an iron pin on the West land lot line of Land Lot 46; thence along said land lot line South 0-03' West a distance of 439.96; thence North 89-22' West a distance of 330.40 feet to an iron pin on the northeasterly right of way line of State Highway 160 (Forest Park Road); thence southeast erly along said right of way line a distance of 1,806 feet more or less to the point of intersec tion of the northerly right of way line of State Highway 160 with the westerly right of way line of Hale Road, if said westerly right of way line were extended northerly; thence south erly along the westerly right of way line of Hale Road extended a distance of 10 feet more or less to the Point of Beginning; less and except the following: (1) A parcel of property lying in Land Lot 45, 13th District, Clayton County, Georgia, being more particularly described as follows: Begin at the point of intersection of the northeasterly right of way line of Georgia High way 160 with the southerly right of way line of Stone Mountain View Drive; thence easterly along said southerly right of way line a distance of 399 feet to a point; thence leaving said right of way line South 231.3 feet more or less to a point; thence East a distance of 100 feet more or less to a point; thence South a distance of 100 feet more or less to a point; thence West a distance of 212 feet more or less to a point on the northeasterly right of way line of 2304 JOURNAL OF THE SENATE Georgia Highway 160; thence northwesterly along said right of way line a distance of 492 feet more or less to the Point of Beginning. (2) All that tract or parcel of land lying and being in Land Lot No. 46 of the 13th Land District of Clayton County, Georgia, and by plat of R.S. Mundy, dated February 7, 1949, and revised May 17, 1965 by C. E. Lee, said plat being recorded in the office of the Clerk of Superior Court of Clayton County, Georgia; said tract, according to said plat, being de scribed more particularly as follows: BEGINNING at a point located South, 1 degree and 15 minutes West, as measured along the West line of Land Lot No. 46 aforesaid, a distance of 206 feet from the Northwest corner of said Land Lot No. 46; running thence North, 89 degrees East, a distance of 120 feet; thence North, 1 degree and 15 minutes West, a distance of 70 feet; thence North, 89 degrees East, a distance of 62 feet; thence North, 1 degree and 15 minutes West, a distance of 136 feet to a point on the North line of said Land Lot No. 46; thence North, 89 degrees East, as measured along the North line of said Land Lot No. 46, a distance of 594 feet to a corner; thence due South a distance of 436 feet to a corner; thence due West a distance of 334.3 feet to a point on the centerline of a branch or stream; thence southerly, as measured along the meandering of said branch or stream, a distance of 217 feet to the North line of lands now or formerly owned by Ridenour; thence due West, as measured along the North line of said Ridenour lands, a distance of 411 feet to a point on the West line of Land Lot No. 46; thence North, 1 degree and 15 minutes West, as measured along the West line of said Land Lot No. 46, a distance of 425 feet, back to the POINT OF BEGINNING; said lands being a portion of the lands conveyed to Clinton L. Montgomery and Hilda M. Montgomery by heirs-at-law of Mrs. Tucker Tyler, deceased, by deed dated January, 1948, and recorded in Deed Book 58 at Page 130, records of Clayton County, Georgia. (3) All that tract or parcel of land lying and being in Land Lot 46 of the 13th District of Clayton County, Georgia and being the same 9 % acres, more or less, conveyed by W. W. Cook to Mrs. Callie F. Ridenhour by warranty deed dated May 1, 1933, and recorded in Deed Book 28, page 76 (Clayton County Records); and being part of that tract designated as parcel "C" in the jury verdict rendered February 26, 1912, in Clayton Superior Court Case No. 9 of the February Term, 1912, in the case styled J.W.E. Harrison vs. Ada Watts (a/k/a Mrs. F. 0. Watts) (Issue Docket "B" Page 140); and being improved property known as No. 4573 CITY VIEW DRIVE." Section 2. Notwithstanding the above-stated annexation, the Clayton County Water Authority shall be authorized to continue to provide service to its present customers in the area. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted. *HB 1998: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1998: A BILL To be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to provide for the annexation of certain property and to redefine the corporate limits of said city; to provide for retaining terms of office of two years for the mayor and councilmembers; to provide for the date of municipal elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 7, 1990 2305 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the City of Lawrenceville, approved March 28,1986 (Ga. L. 1986, p. 4961), as amended, is amended by striking subsection (a) of Section 1.11 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) The corporate boundaries of the City of Lawrenceville shall be as described and set forth in Appendix A attached hereto and made a part of this Act. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be 'Official Map (or description) of the corporate limits of the City of Lawrenceville, Geor gia.' Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description." Section 2. Said Act is further amended by striking subsection (a) of Section 5.11 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Pursuant to the provisions of Code Section 21-3-64 of the O.C.G.A., a municipal general election shall be held annually on the Tuesday next following the first Monday in November, and two-year terms of office for the mayor and councilmembers as provided in this charter are retained." Section 3. Said Act is further amended by striking Appendix A in its entirety and sub stituting in lieu thereof a new Appendix A to read as follows: "APPENDIX A LEGAL DESCRIPTION CITY LIMITS LINE LAWRENCEVILLE, GEORGIA All that tract and parcel of land lying and being in Land Lots 81, 82, 83, 84, 85, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 207, 208, 209 and 210 of the 5th Land District of Gwinnett County, Georgia. Also all that tract and parcel of land lying and being in Land Lot 6, 7, 8, 9, 10, 11, 12, 13, 28, 29, 30, 48 and 49 of the 7th Land District of Gwinnett County, Georgia described as follows: BEGINNING at the land lot corner common to Land Lots 180, 181, 204 and 205 of the 5th Land District; thence from said point of beginning in a Southwesterly direction along the land lot line dividing Land Lots 180 and 181 a distance of 675 feet, more or less, to a point; thence South 30 degrees 15 minutes 29 seconds East a distance of 60.26 feet to a point on the Northwesterly 60 foot right-of-way line of McCart Road; thence Southwesterly along the Northwesterly right-of-way line of McCart Road the following courses and dis tances: South 35 degrees 50 minutes 34 seconds West a distance of 105.15 feet to a point; South 31 degrees 41 minutes 09 seconds West a distance of 106.12 feet to a point; South 26 degrees 45 minutes 00 seconds West a distance of 101.10 feet to a point; South 32 degrees 36 minutes 50 seconds West a distance of 126.27 feet to a point; thence North 68 degrees 23 minutes 23 seconds West a distance of 351.6 feet to the land lot line dividing Land Lots 180 and 181; thence in a Southwesterly direction along the land lot line dividing Land Lots 180 and 181 a distance of 2070 feet, more or less, to the land lot corner common to Land Lots 172, 173, 180 and 181; thence South 58 degrees 54 minutes West along the land lot line dividing Land Lots 172 and 173 a distance of 671 feet to a point; thence North 29 degrees 24 minutes West a distance of 1530 feet, more or less to a point; thence South 58 degrees 58 minutes West a distance of 1760 feet, more or less, to a point located 500 feet East of the centerline of New Hope Road; thence in a Southeasterly direction along a line located 500 feet east of the centerline of New Hope Road and following the curvature of New Hope Road a distance of 1647 feet, more or less, to a point; thence North 41 degrees 07 minutes 41 seconds East a distance of 144 feet, more or less, to a point on the land lot line dividing Land Lots 172 and 173; thence North 59 degrees 42 minutes 15 seconds East along the land 2306 JOURNAL OF THE SENATE lot line dividing Land Lots 172 and 173 a distance of 1041.05 feet to a point; thence South 33 degrees 06 minutes 15 seconds East a distance of 265.44 feet to a point on the most Northwesterly 50 foot right-of-way line of Hickory View Drive; thence North 67 degrees 30 minutes 03 seconds East along the most Northwesterly 50 foot right-of-way line of Hickory View Drive a distance of 237.56 feet to a point; thence South 29 degrees 38 minutes 01 seconds East a distance of 243.84 feet to a point; thence North 51 degrees 39 minutes 55 seconds East a distance of 265 feet, more or less, to a point on the land lot line dividing Land Lots 172 and 181; thence South 30 degrees 35 minutes 40 seconds East along the land lot line dividing Land Lots 172 and 181 a distance of 433.65 feet to a point; thence South 30 degrees 15 minutes 40 seconds East along the land lot line dividing Land Lots 172 and 181 a distance of 147.93 feet to a point; thence South 30 degrees 01 minutes 44 seconds East along the land lot line dividing Land Lots 172 and 181 a distance of 298.44 feet to a point; thence South 48 degrees 40 minutes 59 seconds West a distance of 1390 feet, more or less, to the Southern boundary of property now or formerly owned by S. R. Field; thence South 48 degrees 45 minutes West a distance of 1117.70 feet, more or less, to a point; thence South 30 degrees 32 minutes East a distance of 633.7 feet to a point; thence North 59 degrees 28 minutes 12 seconds East a distance of 310.13 feet to a point; thence North 59 degrees 00 minutes 24 seconds East a distance of 321.49 feet to a point; thence South 50 degrees 33 minutes 00 seconds East a distance of 369.57 feet to a point; thence North 41 degrees 07 minutes 14 seconds East a distance of 188.40 feet to a point on the Southwesterly 80 foot right-of-way line of New Hope Road; thence South 51 degrees 01 minutes 59 seconds East a distance of 90.69 feet to a point; thence South 47 degrees 31 minutes 08 seconds East an arc of 489.22 feet, a chord of 488.91 feet and a radius of 3988.00 feet to a point; thence South 44 degrees 00 minutes 16 seconds East a distance of 148.70 feet to the intersection of the Southwesterly 80 foot right-of-way line of New Hope Road and the centerline of Simonton Road; thence South 57 degrees 43 minutes 59 seconds West along the centerline of Simonton Road a distance of 94.52 feet to a point; thence South 58 degrees 21 minutes 25 seconds West along the centerline of Simonton Road a distance of 326.02 feet to a point; thence South 58 degrees 24 minutes 40 seconds West along the centerline of Simonton Road a distance of 304.33 feet to a point; thence North 34 degrees 22 minutes 48 seconds West a distance of 227.81 feet to a point; thence North 31 degrees 25 minutes 08 seconds West a distance of 200.00 feet to a point; thence South 58 degrees 36 minutes 27 seconds West a distance of 149.99 feet to a point; thence South 31 degrees 25 minutes 08 seconds East a distance of 428.07 feet to a point; thence South 58 degrees 22 minutes 40 seconds West a distance of 261.66 feet to a point; thence South 58 degrees 48 minutes West a distance of 10.00 feet to a point; thence North 30 degrees 24 minutes West a distance of 872.43 feet to a point; thence North 30 degrees 32 minutes West a distance of 621.69 feet to a point; thence South 49 degrees 04 minutes West a distance of 842.11 feet to a point on the land lot line dividing Land Lots 149 and 172; thence North 30 degrees 41 minutes West along said land lot line a distance of 10.16 feet to a point; thence North 30 degrees 52 minutes West along said land lot line a distance of 1050.5 feet to a point; thence North 51 degrees 43 minutes East a distance of 770 feet, more or less, to a point located 500 feet West of the centerline of New Hope Road; thence North 50 degrees 36 minutes 15 seconds East a distance of 168 feet, more or less, to a point thence North 60 degrees 58 minutes 00 seconds West a distance of 478.93 feet to a point; thence North 29 degrees 01 minutes 42 seconds East a distance of 93.35 feet to a point; thence North 59 degrees 40 seconds 13 seconds West a distance of 297.17 feet to a point; thence North 59 degrees 40 minutes 29 seconds West a distance of 60.15 feet to a point; thence North 59 degrees 40 minutes 13 West seconds a distance of 189.86 feet to a point; thence North 03 degrees 12 minutes 46 seconds East a distance of 253.22 feet to a point; thence North 76 degrees 31 minutes 01 seconds West a distance of 138.06 feet to a point; thence North 13 degrees 27 minutes 02 seconds East a distance of 252.93 feet to a point on the most Westerly 80 foot right-of-way line of Lawrenceville-New Hope Road; thence North 57 degrees 31 minutes 12 seconds West along the Westerly rightof-way line of Lawrenceville-New Hope Road a distance of 63.48 feet to a point; thence South 13 degrees 27 minutes 02 seconds West a distance of 317.94 feet to a point; thence North 57 degrees 49 minutes 11 seconds West a distance of 191.66 feet to a point; thence South 07 degrees 29 minutes 49 seconds West 175 feet, more or less, to a point on the WEDNESDAY, MARCH 7, 1990 2307 Southerly property line of property now or formerly owned by Brockinton; thence South 9 degrees 45 minutes West a distance of 650 feet, more or less, to a point on the land lot line dividing Land Lots 148 and 149; thence South 59 degrees 39 minutes West along the land lot line dividing Land Lots 148 and 149 a distance of 767.7 feet to a point; thence South 59 degrees 59 minutes West along the land lot line dividing Land Lots 148 and 149 a distance of 328.9 feet to a point; thence South 30 degrees 19 minutes East a distance of 666.3 feet to a point; thence South 30 degrees 20 minutes East a distance of 1574.1 feet to a point; thence South 62 degrees 20 minutes West a distance of 380 feet, more or less, to the centerline of Simonton Road; thence in a Southeasterly direction along the centerline of Simonton Road a distance of 2100 feet, more or less, to the land lot line dividing Land Lots 150 and 171; thence South 31 degrees 13 minutes East along the land lot line dividing Land Lots 150 and 171 a distance of 2101 feet, more or less, to a point; thence North 58 degrees 47 minutes East a distance of 833.3 feet to a point; thence South 32 degrees 41 minutes East a distance of 842.6 feet to a point; thence South 67 degrees 20 minutes West a distance of 864.0 feet to a point on the land lot line dividing Land Lots 150 and 171; thence South 31 degrees 14 minutes East along the land lot line dividing Land Lots 150 and 171 a distance of 514.6 feet to the land lot corner common to Land Lots 150, 151, 170 and 171; thence South 58 degrees 38 minutes West along the land lot line dividing Land Lots 150 and 151 a distance of 933.0 feet to a point; thence continuing South 58 degrees 36 minutes West along the land lot line dividing Land Lots 150 and 151 a distance of 2392.3 feet to the land lot corner common to Land Lots 138, 139, 150 and 151; thence North 30 degrees 09 minutes West along the land lot line dividing Land Lots 139 and 150 a distance of 886.2 feet to a point; thence South 64 degrees 21 minutes West a distance of 692.0 feet to a point; thence South 64 degrees 14 minutes West a distance of 200 feet, more or less, to the centerline of Georgia Highway No. 20; thence in a Northerly direction along the centerline of Georgia Highway Number 20 a distance of 1150 feet, more or less, to a point on the most Northeasterly 150 foot right-ofway line of Plantation Boulevard; thence Southwesterly along said Plantation Boulevard right-of-way line 280 feet, more or less, to a point located 130 feet Easterly as measured along said Plantation Boulevard right-of-way line from its intersection with the 60 foot Westerly right-of-way line of Chestnut Oak Court; thence Northerly a distance of 160 feet to a point; thence North 72 degrees 50 minutes East a distance of 42.4 feet to a point; thence North 16 degrees 18 minutes West a distance of 1112.35 feet to a point; thence North 73 degrees 42 minutes East 240 feet, more or less, to the centerline of Georgia Highway No. 20; thence Northerly along centerline of Georgia Highway No. 20 a distance of 1980 feet, more or less, to the Southern boundary of property now or formerly owned by James R. Brown; thence in a Southwesterly direction along the Southern boundary of property now or for merly owned by James R. Brown a distance of 1453.4 feet to a point; thence North 20 de grees 16 minutes West a distance of 325.6 feet to a point; thence North 42 degrees 06 min utes East a distance of 266.5 feet to a point; thence North 88 degrees 52 minutes East a distance of 267.6 feet to a point; thence North 19 degrees 51 minutes West a distance of 263.1 feet to a point; thence South 61 degrees 44 minutes West a distance of 900 feet, more or less, to the centerline of Davis Road; thence in a Southwesterly direction along the cen terline of Davis Road a distance of 100 feet, more or less, to a point; thence South 21 de grees 42 minutes East a distance of 480 feet, more or less, to a point; thence South 75 degrees 49 minutes West a distance of 270.0 feet to a point; thence South 14 degrees 03 minutes East a distance of 200 feet to the centerline of Lockridge Lane; thence in a West erly direction along the centerline of Lockridge Lane a distance of 550 feet, more or less, to the centerline of Davis Road; thence in a Southerly direction along the centerline of Davis Road a distance of 200 feet, more or less, to the centerline of Moon Road; thence in a Westerly direction along the centerline of Moon Road a distance of 2400 feet, more or less, to a point; thence South 11 degrees 04 minutes East a distance of 1100 feet, more or less, to a point; thence South 29 degrees 53 minutes East a distance of 839.6 feet to a point; thence South 59 degrees 10 minutes West a distance of 1280.1 feet to a point on the land lot line dividing Land Lots 108 and 117; thence North 29 degrees 18 minutes West along the land lot line dividing Land Lots 108 and 117 a distance of 516.0 feet to a point; thence South 39 degrees 07 minutes West a distance of 347.1 feet to a point; thence South 07 degrees 20 minutes West a distance of 252.2 feet to a point; thence South 29 degrees 28 minutes East a 2308 JOURNAL OF THE SENATE distance of 435.4 feet to a point; thence South 60 degrees 06 minutes West a distance of 278.4 feet to a point; thence South 12 degrees 20 minutes West a distance of 165.0 feet to a point; thence South a distance of 164.86 feet to a point; thence South 04 degrees 21 minutes East a distance of 870 feet, more or less, to the centerline of Johnson Road; thence North westerly along the centerline of Johnson Road a distance of 300 feet, more or less, to the centerline of a branch; thence Southwesterly along the centerline of said branch and follow ing the meanderings thereof a distance of 620 feet, more or less, to a point; thence North 73 degrees 30 minutes West a distance of 657.1 feet, more or less, to the centerline of Georgia Highway No. 124; thence North 13 degrees East along said centerline 287.3 feet, more or less, to a point; thence North 71 degrees 53 minutes 00 seconds West a distance of 648 feet, more or less, thence South 13 degrees 56 minutes 00 seconds West a distance of 232 feet, more or less, to a point; thence North 52 degrees 50 minutes West a distance of 1029.53 feet to a point; thence North 10 degrees 52 minutes East 509.67 feet to the most Southerly rightof-way line of Johnson Road; thence Southeasterly along said Johnson Road right-of-way line 1673 feet, more or less, to the centerline of Georgia Highway Number 124; thence in a northeasterly direction along the centerline of Georgia Highway Number 124 a distance of 1640 feet, more or less, to a point located 2222.5 feet Southwesterly from the intersection of the Northwesterly right-of-way line of Georgia Highway No. 124 with the Southwesterly right-of-way line of Moon Road; thence North 72 degrees 14 minutes West a distance of 225 feet to a point; thence North 14 degrees 09 minutes East a distance of 120 feet to a point; thence South 72 degrees 14 minutes East a distance of 225 feet to the centerline of Georgia Highway No. 124; thence Northeast along said Georgia Highway No. 124 centerline 740 feet, more or less, to a point; thence North 64 degrees 09 minutes West a distance of 1384 feet, more or less, to the centerline of Old Snellville Highway; thence in a Southerly direction along the centerline of Old Snellville Highway a distance of 566 feet, more or less, to a point; thence North 52 degrees 45 minutes West a distance of 900 feet to a point; thence South 37 degrees 15 minutes West a distance of 1560 feet, more or less, to the centerline of Johnson Road; thence in a Southeasterly direction along the centerline of Johnson Road a distance of 1300 feet, more or less, to the centerline of Old Snellville Highway; thence Southwesterly along said centerline of Old Snellville Highway 1500 feet, more or less, to a point; thence North 51 degrees 00 minutes 00 seconds West a distance of 1720.61 feet to a point in the centerline of a branch; thence North 32 degrees 46 seconds 57 minutes East a distance of 526.18 feet; thence North 51 degrees 00 minutes 42 seconds West a distance of 1238.09 feet, more or less, to a point on the centerline of Lawrenceville-Five Forks Road; thence North easterly along said centerline of Lawrenceville-Five Forks Road 86 feet, more or less, to a point; thence North 27 degrees 53 minutes 22 seconds West a distance of 1040 feet, more or less, to a point; thence North 27 degrees 53 minutes West a distance of 1399.6 feet to a point on the land lot line dividing Land Lots 83 and 84; thence South 61 degrees 40 minutes West along the land lot line dividing Land Lots 83 and 84 a distance of 170 feet, more or less, to a point; thence North 28 degrees 48 minutes West a distance of 2113.7 feet to a point; thence South 61 degrees 50 minutes West a distance 1237 feet to a point; thence North 23 degrees 55 minutes West a distance of 1948 feet to the centerline of the old location of Huston Road; thence in a Northerly direction along the centerline of the old location of Huston Road a distance of 812 feet to the centerline of U.S. Highway Number 29; thence in an Easterly direction along the centerline of U.S. Highway Number 29 a distance of 670 feet, more or less, to a point; thence South 28 degrees 31 minutes East a distance of 1590 feet, more or less, to a point; thence North 61 degrees 50 minutes East a distance of 605.9 feet to a point; thence South 29 degrees 01 minutes East a distance of 36.8 feet to a point; thence North 59 degrees 11 minutes East a distance of 870.8 feet, more or less, to the centerline of Johnson Road and the land lot line dividing Land Lots 83 and 110; thence Northwesterly along said Johnson Road centerline and land lot line dividing Land Lots 83 and 110, through the land lot corner common to Land Lots 82, 83, 110 and 111 and along the land lot line dividing Land Lots 82 and 111, a distance of 715 feet, more or less, to the intersection of the Northwesterly 100 foot right-of-way line of U.S. Highway No. 29 and the land lot line dividing Land Lots 82 and 111; thence North 30 degrees 56 minutes 00 seconds West along said land lot line a distance of 195.25 feet to a point; thence North 68 degrees 29 minutes 16 seconds East a distance of 119.83 feet to a point; thence North 43 degrees 34 minutes 56 WEDNESDAY, MARCH 7, 1990 2309 seconds East a distance of 190.16 feet to a point; thence South 55 degrees 04 minutes 25 seconds East a distance of 70.27 feet to a point; thence South 41 degrees 38 minutes 28 seconds East a distance of 244.11 feet to a point on the centerline of U.S. Highway No. 29; thence northeasterly along said centerline 1372 feet, more or less, to a point; thence North 47 degrees 03 minutes West a distance of 706 feet, more or less, to a point; thence North 30 degrees 45 minutes East a distance of 212.4 feet to a point; thence South 47 degrees 07 minutes 03 seconds East a distance of 309.15 feet to a point; thence South 50 degrees 40 minutes East a distance of 445 feet to a point on the centerline of U.S. Highway No. 29; thence in a Northeasterly direction along the centerline of U.S. Highway Number 29 a dis tance of 1135 feet, more or less, to a point on the land lot line dividing Land Lots 111 and 114; thence North 30 degrees 33 minutes West along the land lot line dividing Land Lots 111 and 114 a distance of 1350 feet, more or less, to a point; thence South 51 degrees 33 minutes West a distance of 701.2 feet to a point; thence North 41 degrees 30 minutes West a distance of 1380 feet, more or less, to the centerline of Seaboard Coast Line Railroad; thence in a Northerly direction along the centerline of Seaboard Coast Line Railroad a distance of 350 feet, more or less, to a point; thence North 32 degrees 00 minutes West a distance of 1650 feet, more or less, to a point; thence South 59 degrees 21 minutes West a distance of 853.2 feet to the centerline of Monfort Road; thence South 59 degrees 21 minutes West along the centerline of Monfort Road a distance of 1728.6 feet to a point on the land lot line dividing Land Lots 81 and 112; thence North 30 degrees 50 minutes West along the land lot line dividing Land Lots 81 and 112; a distance of 804.4 feet to a point; thence North 31 degrees 11 minutes West along the land lot line dividing Land Lots 81 and 112 a distance of 710 feet, more or less, to centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the centerline of Lawrenceville-Norcross Road a distance of 265 feet, more or less, to the centerline of a branch; thence Southwesterly along said centerline as follows: Southwesterly a distance of 30 feet, more or less, to the Southerly right-of-way line of Law renceville-Norcross Road; South 25 degrees 39 minutes West a distance of 14.1 feet to a point; South 49 degrees 19 minutes West a distance of 24.2 feet to a point; South 54 degrees 00 minutes West a distance of 45.6 feet to a point; South 44 degrees 43 minutes West a distance of 38.5 feet to a point; South 34 degrees 22 minutes West a distance of 39.8 feet to a point; South 24 degrees 55 minutes West a distance of 41.1 feet to a point; South 14 degrees 04 minutes West a distance of 30.7 feet to a point; South 07 degrees 37 minutes West a distance of 88.4 feet to a point; South 08 degrees 24 minutes West a distance of 55.8 feet to a point; South 18 degrees 34 minutes West a distance of 83.8 feet to a point; thence North 77 degrees 52 minutes West 250 feet, more or less, to the centerline of Hillandale Road; thence Northerly along said Hillandale Road centerline 222 feet to a point; thence North 81 degrees 15 minutes West a distance of 190 feet to a point; thence South 81 degrees 15 minutes West a distance of 83.7 feet to a point; thence South 81 degrees 11 minutes West a distance of 215.3 feet to a point; thence North 30 degrees 25 minutes West a distance of 331 feet, more or less, to a point in the centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the centerline of Lawrenceville-Norcross Road 1200 feet, more or less, to a point; thence South 30 degrees 25 minutes East a distance of 1187 feet, more or less, to a point on the land lot line common to Land Lots 6 and 81; thence South 59 degrees 24 minutes West along the land lot line dividing Land Lots 6 and 81 a distance of 360.4 feet to a point; thence North 30 degrees 25 minutes West a distance of 1310 feet, more or less, to the centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the cen terline of Lawrenceville-Norcross Road a distance of 1130 feet, more or less, to the land lot dividing Land Lots 5 and 6; thence North 30 degrees 55 minutes West along the land lot line dividing Land Lots 5 and 6 a distance of 1735 feet, more or less, to the land lot corner common to Land Lots 5, 6, 34 and 35; thence in a Northeasterly direction along the land lot line dividing Land Lots 6 and 34 a distance of 1300 feet, more or less, to a point on the Northerly side of Georgia Highway Number 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway Number 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway Number 316 a distance of 12,000 feet, more or less, to the land lot line dividing Land Lots 9 and 10; thence North 30 degrees 57 minutes 39 seconds West along said land lot line, through the land lot corner common to Land Lots 9, 10, 30 and 31 and along the land lot 2310 JOURNAL OF THE SENATE line dividing Land Lots 30 and 31 a distance of 1245.14 feet to a point; thence North 31 degrees 15 minutes West along said land lot line a distance of 1689 feet to a point; thence North 29 degrees 29 minutes West along said land lot line, through the land lot corner common to Land Lots 30, 31, 48 and 49 and along the land lot line dividing Land Lots 48 and 49 a distance of 1911.8 feet to a point; thence South 72 degrees 27 minutes 00 seconds West a distance of 263.41 feet to a point; thence North 21 degrees 30 minutes 00 seconds West a distance of 103.99 feet to a point; thence North 29 degrees 30 minutes 00 seconds West a distance of 100.19 feet to a point; thence North 59 degrees 29 minutes 00 seconds West a distance of 1314.75 feet to a point; thence North 60 degrees 07 minutes 04 seconds East a distance of 888.10 feet to a point on the land lot line dividing Land Lots 48 and 49; thence South 30 degrees 14 minutes 31 seconds East along said land lot line a distance of 319.46 feet to a point; thence North 72 degrees 00 minutes 48 seconds East a distance of 92.10 feet to the centerline of Little Suwanee Creek; thence Northeasterly, Northerly and Northwesterly along said centerline 623 feet, more or less, to a point; thence North 71 de grees 40 minutes 29 seconds East a distance of 1086.08 feet to the most Southwesterly 80 foot right-of-way line of Collins Hill Road; thence Southeasterly along said Collins Hill Road right-of-way line 527.84 feet to a point; thence South 72 degrees 00 minutes 48 seconds West a distance of 220.00 feet to a point; thence South 33 degrees 48 minutes 15 seconds East to a distance of 278.96 feet to a point; thence North 62 degrees 28 minutes 54 seconds East a distance of 19.86 feet to a point; thence South 39 degrees 47 minutes 47 seconds East a distance of 100.00 feet to a point; thence North 62 degrees 59 minutes 01 seconds East a distance of 200.00 feet to a point on the most southwesterly 80 foot right-ofway line of Collins Hill Road; thence Southeasterly along said Collins Hill Road right-ofway line 249.19 feet to the centerline of Yellow River; thence Southeasterly, Southerly and Southwesterly along said centerline 1305 feet, more or less, to a point on the land lot line dividing Land Lots 30 and 49; thence North 59 degrees 55 minutes East along said land lot line 15.0 feet to a point; thence North 58 degrees 45 minutes East along said land lot line 2213 feet to the land lot corner common to Land Lots 29, 30, 49, and 50; thence South 31 degrees East along the land lot line dividing Land lots 29 and 30 a distance of 2791 feet to a point; thence South 59 degrees West a distance of 598 feet to a point; thence South 31 degrees 18 minutes 00 seconds East 528.77 feet to a point; thence North 58 degrees 42 min utes East 585 feet to the centerline of Collins Hill Road; thence Southeasterly along said Collins Hill Road centerline 250 feet, more or less, to a point; thence North 55 degrees 40 minutes 26 seconds East a distance of 360.59 feet to a point; thence South 30 degrees 00 minutes 08 seconds East 872.15 feet, more or less, to a point on the Northerly side of Geor gia Highway No. 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 2900 feet, more or less, to the intersection of the Northerly side of Georgia Highway No. 316 and the Westerly side of Georgia Highway No. 20; thence North 89 degrees 09 minutes 55 seconds West a distance of 248.08 feet to a point; thence North 00 degrees 43 minutes 51 seconds West a distance of 143.01 feet to a point; thence South 89 degrees 02 minutes 51 seconds East a distance of 285.43 feet to the Westerly Side of Georgia Highway No. 20; thence Northeasterly across Georgia Highway No. 20 to the Easterly side of Georgia Highway No. 20; thence north 60 degrees 09 minutes 48 seconds East a distance of 254.10 feet to a point on the Southerly side of Reynolds Road; thence Northerly across Reynolds Road to a point on the Northerly side of Reynolds Road; thence North 03 degrees 49 minutes 57 seconds East a distance of 400 feet, more or less to a point; thence North 83 degrees 19 minutes 24 seconds West a distance of 130.34 feet to a point on the Easterly side of Georgia Highway No. 20; thence Southwesterly across Georgia Highway No. 20 to a point on the Westerly side of Georgia Highway no. 20; thence North 73 degrees 14 minutes 08 seconds West a distance of 219.81 feet to a point; thence North 79 degrees 08 minutes 22 seconds West a distance of 524.27 feet to a point; thence North 27 degrees 11 minutes 49 seconds West a distance of 661.62 feet to a point on the land lot line dividing Land Lots 11 and 29; thence South 58 degrees 53 minutes 17 seconds West along said land lot line 257.97 feet to a point; thence North 05 degrees 44 minutes 47 seconds West a distance of 39.60 feet to a point; thence North 29 degrees 35 minutes 18 seconds West a distance of 195.00 feet to a point; thence WEDNESDAY, MARCH 7, 1990 2311 North 61 degrees 08 minutes 35 seconds West a distance of 132.32 feet to a point; thence North 78 degrees 07 minutes 15 seconds West a distance of 135.80 feet to a point; thence South 87 degrees 13 minutes 54 seconds West a distance of 136.07 feet to a point; thence North 85 degrees 24 minutes 29 seconds West a distance of 130.56 feet to a point; thence North 83 degrees 02 minutes 25 seconds West a distance of 225.24 feet to a point; thence North 31 degrees 20 minutes 00 seconds West a distance of 635.84 feet to a point; thence North 83 degrees 44 minutes 20 seconds East a distance of 2265.27 feet to a point; thence South 04 degrees 19 minutes 26 seconds West a distance of 556.34 feet to a point on the Northerly 60 foot right-of-way line of Cripple Creek Drive; thence South 85 degrees 04 min utes 46 seconds East along said Cripple Creek Drive right-of-way line 429.86 feet to the centerline of Georgia Highway Number 20; thence Northerly along said Georgia Highway No. 20 centerline 100 feet, more or less, to a point; thence South 69 degrees 22 minutes 39 seconds East a distance of 324.87 feet to a point; thence South 28 degrees 05 minutes 20 seconds East a distance of 182.78 feet to a point; thence South 29 degrees 51 minutes 25 seconds East a distance of 916.22 feet to a point; thence South 30 degrees 20 minutes 22 seconds East a distance of 39.01 feet to a point; thence South 60 degrees 15 minutes 48 seconds West a distance of 749.18 feet to a point on the Northerly right-of-way line of Reyn olds Road; thence Southerly across Reynolds Road to a point on the Southerly side of Reyn olds Road; thence South 34 degrees 41 minutes 40 seconds East a distance of 25.86 feet to a point; thence South 55 degrees 18 minutes 20 seconds West a distance of 95.08 feet to a point; thence South 25 degrees 43 minutes 52 seconds East a distance of 143.97 feet to a point on the Northerly side of Georgia Highway No. 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 700 feet, more or less, to a point; thence North 27 degrees 04 minutes 36 seconds West a distance of 319.61 feet to a point on the Southeasterly 30 foot right-of-way line of Reynolds Road; thence North 55 degrees 50 minutes 49 seconds East along said Reynolds Road right-of-way 145.60 feet to a point; thence South 31 degrees 56 minutes 33 seconds East a distance of 455 feet, more or less to a point on the Northerly side of Georgia Highway No. 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 2300 feet, more or less, to the centerline of Prison Camp Road; thence in a Southerly direc tion along the centerline of Prison Camp Road a distance of 1000 feet, more or less, to the centerline of Hurricane Shoals Road; thence in a Westerly direction along the centerline of Hurricane Shoals Road a distance of 3700 feet, more or less, to a point; thence South 01 degree 09 minutes East a distance of 426 feet, more or less, to a point; thence North 87 degrees 06 minutes East a distance of 441.5 feet to a point; thence South 00 degrees 21 minutes West a distance of 420.0 feet to a point; thence North 80 degrees 00 minutes East a distance of 426.5 feet to the land lot line dividing Land Lots 176 and 177; thence South 30 degrees 30 minutes East along the land lot line dividing Land Lots 176 and 177 a distance of 151 feet to a point; thence North 67 degrees 15 minutes East a distance of 1362 feet to a point on the Easterly side of Hosea Road; thence South 30 degrees 00 minutes East along the easterly side of Hosea Road a distance of 151 feet to a point; thence North 44 degrees 30 minutes East a distance of 687 feet to a point; thence North 59 degrees 45 minutes East a distance of 1367 feet to a point on the land lot line dividing Land Lots 177 and 208; thence along said land lot line to a point located 1544.2 feet Northwest, as measured along said land lot line, from the land lot corner common to Land Lots 177, 178,207 and 208; thence North 70 degrees 15 minutes East a distance of 1944.44 feet to a point; thence South 31 degrees 03 minutes East a distance of 1174.95 feet to a point on the land lot line dividing Land Lots 207 and 208; thence South 56 degrees 45 minutes West along said land lot line a distance of 900 feet; thence South 60 degrees 30 minutes West along said land lot line a distance of 350 feet; thence South 69 degrees West along said land lot line a distance of 65 feet; thence South 56 degrees 03 minutes West along said land lot line a distance of 622.4 feet to the land lot corner common to Land Lots 177,178, 207 and 208; thence southeasterly along the land lot line dividing Land Lots 178 and 207 a distance of 1707.8 feet, more or less, to a point; said point being located 1030 feet in a Northwesterly direction along the 2312 JOURNAL OF THE SENATE land lot line dividing Land Lots 178 and 207 from the centerline of U.S. Highway Number 29, thence in a Southwesterly direction a distance of 1703.7 feet to the centerline of Hosea Road; thence in a southeasterly direction along the centerline of Hosea Road a distance of 1030 feet to the centerline of U.S. Highway Number 29; thence South 29 degrees 43 minutes East along the property line of now or formerly of Una Hinton a distance of 450 feet, more or less, to the land lot line dividing Land Lots 178 and 179; thence North 60 degrees 23 minutes East along the land lot line dividing Land Lots 178 and 179 a distance of 1265.1 feet to a point; thence North 26 degrees 40 minutes West a distance of 411.9 feet to the Southeasterly side of U.S. Highway No. 29; thence Northeasterly along the Southeasterly side of U.S. Highway No. 29 a distance of 400 feet to the land lot line dividing Land Lots 178 and 207; thence South 30 degrees 23 minutes East along said land lot line 409.1 feet to the common corner of Land Lots 178,179, 206 and 207; thence South 30 degrees 18 minutes East along the land lot line dividing Land Lots 179 and 206 a distance of 1869.8 feet to a point; thence South 61 degrees 56 minutes West a distance of 1129.0 feet to a point; thence South 27 degrees 08 minutes East a distance of 1597 feet, more or less, to the centerline of Springlake Road; thence in a Northeasterly direction along the centerline of Springlake Road a distance of 390 feet to a point; thence South 31 degrees 14 minutes 21 seconds East a distance of 280.00 feet to a point; thence North 58 degrees 48 minutes 04 seconds East a distance of 280.00 feet to a point; thence North 58 degrees 41 minutes 06 seconds East a distance of 192.00 feet to a point; thence North 58 degrees 47 minutes 00 seconds East a distance of 110.00 feet to a point; thence North 31 degrees 13 minutes 00 seconds West a distance of 250.00 feet to a point on the southeasterly 80 foot right-of-way line of Springlake Road; thence North 58 degrees 47 minutes East along said Springlake Road right-of-way line 120.00 feet to a point; thence South 29 degrees 00 minutes 00 seconds East a distance of 780.96 feet to a point located in an old roadway dividing the property of McGarity and Yancey; thence in an Easterly direction along the centerline of said old roadway and the Northerly property line of Yancey a distance of 205.1 feet to the land lot line dividing Land Lots 180 and 205; thence in a Southeasterly direction along the land lot line dividing Land Lots 180 and 205 a distance of 2400 feet, more or less, to the land lot corner common to Land Lots 180, 181, 204 and 205, said land lot corner being the point of beginning: LESS AND EXCEPT THE FOLLOWING PROPERTY AS SHOWN ON GWINNETT COUNTY TAX MAPS (1989) District Land Lot Parcel Number Owner Description 5 83 5-83-3C Missionaries of St. Francis 3.3 Acres 5 112 & 113 5-113-3 Craig 4.356 Acres 5 140 5-140-5 & 261 Porter Grayson Hwy. 5 144 5-144-7 McConnell Drive Property 5 144 5-144-7A McConnell Drive Property 5 144 5-144-7B McConnell Drive Property 5 144 5-144-7C McConnell Drive Property 5 144 5-144-7D McConnell Drive Property 5 144 5-144-7E McConnell Drive Property 5 144 5-144-7F McConnell Drive Property 5 144 5-144-7G McConnell Drive Property 5 144 5-144-8A McConnell Drive Property 5 144 5-144-9 McConnell Drive Property 5 144 5-144-10 McConnell Drive Property 5 144 5-144-11 McConnell Drive Property 5 144 5-144-12 McConnell Drive Property 5 144 5-144-13 McConnell Drive Property 5 144 5-144-15 McConnell Drive Property 5 144 5-144-16 McConnell Drive Property 5 144 5-144-17 McConnell Drive Property WEDNESDAY, MARCH 7, 1990 2313 5 148 5-148-10 Cheek Grayson Hwy. 5 148 5-148-11 Ethridge Grayson Hwy. 5 148 5-148-12 Everett Grayson Hwy. 5 148 5-148-13 Thurmond Grayson Hwy. 5 148 5-148-14 Bowen Grayson Hwy. 5 177 5-177-33 Gwinnett Iron & Steel Hurricane Sh. 5 177 5-177-34 Gwinnett Iron & Steel Hurricane Sh. 7 9 7-9-1B Huff Hurricane Sh. 7 9 7-9-3 Sammon Hurricane Sh. 7 9 7-9-4 Oxford Investments #8 1.42 Acres 7 9 7-9-9 McNally Hurricane Sh. 7 9 7-9-14 Springfield Bridge 7.54 Acres 7 9 7-9-15 R.W. Investments, N.V. 52.24 Acres 7 9 7-9-19 Brown 3.67 Acres 7 9 7-9-27 Oxford Investments #8 13.37 Acres 7 9 7-9-35 Walther 7.96 Acres 7 9 7-9-39 Oxford Investments #8 4.73 Acres 7 10 7-10-4 Hickam 14.12 Acres 7 10 7-10A-2 Northern Heights Subdivision 7 10 7-10A-3 Northern Heights Subdivision 7 10 7-10A-4 Northern Heights Subdivision 7 10 7-10A-5 Northern Heights Subdivision 7 10 7-10A-6 Northern Heights Subdivision 7 10 7-10A-8 Northern Heights Subdivision 7 10 7-10A-9 Northern Heights Subdivision 7 10 7-10A-10 Northern Heights Subdivision 7 10 7-10A-11 Northern Heights Subdivision 7 10 7-10A-12 Northern Heights Subdivision 7 10 7-10A-13 Northern Heights Subdivision 7 10 7-10A-14 Northern Heights Subdivision 7 10 7-10A-15 Northern Heights Subdivision 7 10 7-10A-16 Northern Heights Subdivision 7 10 7-10A-17 Northern Heights Subdivision 7 10 7-10A-18 Northern Heights Subdivision 7 10 7-10A-20 Northern Heights Subdivision 7 10 7-10A-21 Northern Heights Subdivision 7 10 7-10A-22 Northern Heights Subdivision 7 10 7-10A-23 Northern Heights Subdivision 7 10 7-10A-24 Northern Heights Subdivision 7 10 7-10A-25 Northern Heights Subdivision 7 10 7-10A-26 Northern Heights Subdivision 7 10 7-10A-28 Northern Heights Subdivision 7 10 7-10A-31 Northern Heights Subdivision 7 10 7-10A-32 Northern Heights Subdivision 7 10 7-10A-33 Northern Heights Subdivision 7 10 7-10A-34 Northern Heights Subdivision 7 10 7-10A-35 Northern Heights Subdivision 7 10 7-10A-36 Northern Heights Subdivision 7 10 7-10A-46 Northern Heights Subdivision 7 10 7-10A-50 Northern Heights Subdivision 7 11 7-11-003 & 99 Charles Hood 12.4 Acres 7 12 7-12-17 Globe Oil Co. 'Jim Wallace' 7 12 7-12-45 Hamby Ga. Hwy. 20 7 12 7-12-46 7 28 7-28-19 7 28 7-28-22 7 28 7-28-23 Hamby Wall Andrew Electric J & B Inv. Ga. Hw2y2. 'A20' 4'A' 3'A' 2314 JOURNAL OF THE SENATE 7 28 7-28-103 7 28 7-28-106 7 28 7-28-110 7 29 7-29-98 7 29 7-29-99 Gwinnett Co. Farm Bureau McCart Hebron Church Stancil Saw Works Section 4. All laws and parts of laws in conflict with this Act are repealed. 17 'A' 16 'A' On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted. *HB 2013: The Senate Committee on Urban and County Affairs offered the following substitute to HB 2013: A BILL To be entitled an Act to amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved February 13,1957 (Ga. L. 1957, p. 2130), an Act approved April 11, 1979 (Ga. L. 1979, p. 3496), and an Act approved March 30, 1987 (Ga. L. 1987, p. 4819), so as to change the provisions relating to the compensation of the members of the board of commis sioners; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved Feb ruary 13, 1957 (Ga. L. 1957, p. 2130), an Act approved April 11, 1979 (Ga. L. 1979, p. 3496), and an Act approved March 30, 1987 (Ga. L. 1987, p. 4819), is amended by striking in its entirety the first unnumbered paragraph of the 1957 amendatory Act and inserting in lieu thereof a new paragraph to read as follows: "Be it further enacted by the authority aforesaid, that the chairman of the Board of Commissioners of Putnam County shall receive a salary of $833.33 per month during his term of office and until his successor is elected and qualified; and the other members of said Board shall receive a salary of $666.66 per month during their terms of office and until their successors are elected and qualified. They shall receive no other compensation or per diem, except that the chairman and members of said Board shall receive $25.00 per diem subsis tence for each day each is required by the duties of his office to be out of Putnam County on official business for the county by approval of a majority of the members of said Board; and in addition thereto, each member furnishing transportation out of the county on such offi cial business shall receive 21$ per mile traveled. The salaries and compensation herein pro vided shall be paid out of general funds in the treasury of said county. Said salaries and compensation shall be in lieu of any other salary, per diem, or compensation which may have been fixed by any legislation prior to the passage of this Act." Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Putnam County for approval or rejection. The election superintendent shall conduct that election on July 17, 1990, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words: WEDNESDAY, MARCH 7, 1990 2315 "[ ] YES [ ] NO Shall the Act be approved which increases the compensation of the chair man and other members of the board of commissioners of Putnam County?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on August 1, 1990. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be immediately repealed following that election date. The expense of such election shall be borne by Putnam County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State. Section 3. Section 2 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. Section 1 of this Act shall become effective August 1, 1990, provided that more than one-half of the votes cast on the question in Section 2 of this Act are for approval of the Act. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, 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 BDBrroanunnon BCluaryton Coleman Collins Dawkins Deal Echols Edge Egan English Engram Fincher Foster Gillis H,,Hoarwriasrd, HKuengngiendsy Kidd Land McKenzie Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ra oScc. o*t.*t. ocf 3O^6AtUh ^Stuarmrb, augh, late Tfylor Timmons Turner Tysinger Walker Those not voting were Senators: Dean Fuller Garner Hammill Johnson Langford Parker Scott of 2nd Shumake On the passage of all the local bills, the yeas were 47, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1917, HB 1984, HB 2316 JOURNAL OF THE SENATE 1986, HB 1998, HB 2013, HB 2055 and HB 2067, having received the requisite constitu tional majority, were passed. HB 1917, HB 2055 and HB 2067, having received the requisite constitutional majority, were passed as amended. HB 1984, HB 1986, HB 1998 and HB 2013, having received the requisite constitutional majority, were passed by substitute. SENATE RULES CALENDAR Wednesday, March 7, 1990 THIRTY-NINTH LEGISLATIVE DAY HR 912 Conference on Children of Cocaine and Substance Abuse--relative to establish ing (Substitute) (Rules--25th) HR 812 Plantation Parkway--designate (Substitute) (Trans--26th) HR 848 Everett Floyd Dykes Highway--designate (Trans--14th) HR 887 F. Emory Greene Memorial Bridge--designate (Trans--27th) HR 909 Eloise Woolridge Bridge--designate (Trans--16th) HR 931 Joe A. Whitherington Bridge--designate (Trans--26th) HR 810 Joint Workers' Compensation Study Committee--create (I&L--45th) HR 886 Joint Study Committee on State Officials' Compensation--create (Rules--31st) HR 735 Metropolitan Atlanta Rapid Transit Overview Committee (MARTOC)--change provisions providing for repeal of resolution (Trans--1st) HR 849 Georgia Courts Automation Commission--create (Judy--5th) SR 498 Senate Protection of Artists Study Committee--create (Rules--23rd) HB 1763 Rapid Rail Passenger Service--Public Service Commission jurisdiction (Substi tute) (Pub U--28th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1498 Appeals--when judgment less than certain dollar amount (Amendment) (Judy--49th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1512 Fire Bomb--provisions on criminal possession (Amendment) (Judy--5th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1228 Undefended Divorce--repeal provisions on District Attorney determining if grounds legal (Amendment) (Judy--15th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1204 Crime Information Center--certain records available to county boards of regis trars (Substitute) (Judy--29th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1568 Used Car Dealers' Registration Act--redefine used car dealer (Substitute) (Pub S--15th) (Pursuant to Senate Rule 143, final passage of the bill was suspended.) HB 1449 Georgia Trade Secrets Act of 1990--provide (Judy--47th) HR 279 Local Sales Tax--certain political subdivisions may impose (B&F--18th) HB 1050 Condemned Property--condemner maintain regarding garbage (Judy--1st) HB 1505 Tattooing--prohibit within certain areas near eye (Substitute) (Hum R--25th) WEDNESDAY, MARCH 7, 1990 2317 HB 1673 Officers for Protection of Railroad Property--residency requirements (Pub U--41st) HB 1298 County Tax Receivers--duties (Gov Op--27th) HB 999 Health Care--competent adult appoint attorney for decisions (Amendments) (Hum R--43rd) HB 253 Supplementary Appropriation--fiscal year ending 6/30/90 (Approp--44th) HR 861 Municipal Courts--General Assembly jurisdiction over certain violations (Judy--29th) HB 1137 Insurance--continuing care providers (Substitute) (Ins--55th) HB 1391 Guardians of Incapacitated Adults--procedure for appointment (Judy--37th) HB 1756 Quality Basic Education--modify program weights assigned instructional pro grams (Substitute) (Ed--33rd) HB 951 Federal Funds Distributed under the Quality Basic Education Act--certain pro visions (Substitute) (Ed--49th) HB 1440 Probation--collection of payments ordered as condition for (Judy--15th) HB 580 Hospital Emergency Rooms--post certain notices (Hum R--43rd) HB 1225 Student Organizations Permitting Drug Sale, Use--termination (H Ed--54th) HB 402 Driver's License--restrictions, those holding Class 1 instruction permits (Amend ment) (S Judy--28th) HR 809 State Health Planning Agency--make report on acute care hospital needed (Hum R--28th) HB 516 Awards to Employees--tangible savings award (Gov Op--25th) HR 763 Education Trust Fund--General Assembly provide to assist students (Ed--46th) HB 1377 Controlled Substances, Dangerous Drugs--change listing (Hum R--54th) HB 1647 Tax Sales Under Execution--date of sheriffs sales (S Judy--45th) HB 1427 Health Insurance--coverage of mammograms, Pap smears (Amendment) (Ins--55th) HB 1612 Motor Fuel Tax--agreement with other states on administration of tax (B&F--20th) HB 1263 Applicant for State Employment--certain drug testing (Judy--47th) HB 1939 Certificates of Need--additional conditions for revocation (Hum R--42nd) HB 1484 Youth Employment Training and Experience--Department of Human Resources provide (C&Y--18th) HR 847 Richmond County--purposes of certain estate for years, usufruct (Pub U--23rd) HB 1827 Buildings--requirements for plumbing fixtures for water efficiency (Substitute) (I&L--28th) HB 1523 Superior Court Judges--change provisions on election (Substitute) (Judy--49th) HB 1834 Renouncement of Succession--delivery to transferor (S Judy--28th) HB 1492 Motor Vehicle Sale by Auction--sale of collateral (Amendment) (B&F--25th) HB 1811 Written Notice of Levies on Land--certified mail (S Judy--48th) HB 1145 Public Retirement Systems--additional crimes for prohibiting membership (Ret--52nd) HB 1663 District Attorneys' Offices--continue certain personnel positions (Judy--37th) HB 1549 Victim Impact Statement, Parole Notice--provide to victim (S Judy--45th) HB 1752 Uninsured Motorist Coverage--provide for deductible amounts (Substitute) (Ins--55th) 2318 JOURNAL OF THE SENATE HB 1435 Highway Safety Rest Areas--Uniform Division patrol (Amendment) (Pub S--15th) HB 1578 Ad Valorem Property Taxation--redefine fair market value (Substitute) (B&F--1st) HB 1171 Certain State Employees--random drug testing (Substitute) (Judy--47th) HB 1272 Joint Board of Family Practice--expense, travel allowance (Approp--44th) HB 1243 Cases of Juvenile Trafficking Drugs--restrictive custody (Substitute) (Judy--49th) HR 777 State Officials, Employees--provide for suits against (Substitute) (Judy--47th) HB 1660 County Boards of Equalization--notice of appeal filing fee (Amendment) (B&F--1st) HB 251 Assistant District Attorneys--redefine prosecuting attorney (S Judy--48th) HB 1294 Municipal Court Judges--training requirements (S Judy--48th) HB 1692 Northeast Georgia Surface, Air Transportation Commission--additional county (Trans--1st) HB 1342 Veterans Service Board Meetings--location (D&VA--19th) HB 1742 Removable Dental Prostheses--mark with social security number (Substitute) (Hum R--32nd) HB 1521 Professional Practices Commission--report on educator committing certain crimes (Substitute) (S Judy--48th) HB 1710 Life and Health Insurance Guaranty Associations--assessments against members (Amendment) (Ins--12th) HB 1098 Garnishment--property, persons subject to (Substitute) (Judy--45th) HB 1677 Motor Vehicle Safety Responsibility Act--financial responsibility, habitual viola tor (Pub S--18th) HB 1508 County Taxes--additional authorized purpose to levy (C&Y--18th) HB 1223 Property Acquired with Drug Proceeds--forfeiture (Substitute) (Judy--4th) HB 46 Employees' Retirement--credit for World War II duty (Ret--52nd) HB 1779 Certain Retired Magistrates--perform marriage ceremony (S Judy--28th) HB 1665 Special License Plates--Supreme Court Justices, Appeals Judges (Pub S--15th) HB 1340 Marijuana, Controlled Substances--prohibit purchase (Judy--27th) HB 1680 Standard Fire Prevention Code--state-wide application (I&L--45th) HB 502 Condominium Act--compliance with rules and regulations (Judy--29th) HB 671 Animal Shelters--euthanasia (Substitute) (Amendment) (Ag--8th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption: HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, White of the 132nd and others: A resolution relative to establishment of the Georgia General Assembly's Confer ence on Children of Cocaine and Substance Abuse; establishing a conference steering committee. Senate Sponsor: Senator Kidd of the 25th. WEDNESDAY, MARCH 7, 1990 2319 The Senate Committee on Rules offered the following substitute to HR 912: A RESOLUTION Relative to establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; establishing a conference steering committee; and for other purposes. WHEREAS, cocaine and other substance abuse is perhaps the most devastating prob lem confronting this country and state and is fraying the social fabric in communities throughout the state; and WHEREAS, "crack," a cheap smokeable form of cocaine, is particularly highly addic tive, often producing an almost immediate destruction of the individual and the family unit; and WHEREAS, substance abuse, and particularly "crack" abuse, is increasing at an alarm ing rate and contributes to related social evils, such as the spread of AIDS and other sexu ally transmitted diseases, teenage pregnancies, and a growing number of babies who are born of addicted mothers; and WHEREAS, the growth in numbers of these "children of substance abuse" is an in creasingly grave threat to our state's most vital resource, its youth, and such children re quire vast commitments of medical resources and challenge the capabilities of our health care delivery system; and WHEREAS, the development and dissemination of innovative and effective methods of preventive and curative medical and social care for these children is of vital importance to the state; and WHEREAS, a conference devoted to this issue may present an important means toward the development and dissemination of such methods. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Steering Committee for the Georgia General As sembly's Conference on Children of Cocaine and Substance Abuse. BE IT FURTHER RESOLVED that the steering committee shall consist of: the chair men of the House Committees on Appropriations, Education, Governmental Affairs, Health and Ecology, Judiciary, Special Judiciary, and State Planning and Community Affairs; the chairmen of the Senate Committees on Appropriations, Children and Youth, Education, Governmental Operations, Human Resources, Judiciary, and Special Judiciary; ten addi tional members appointed by the Speaker of the House of Representatives; and ten addi tional members appointed by the President of the Senate. Such additional members shall include members of the General Assembly, members of the business community, health care providers, and representatives of advocacy groups. The Speaker of the House of Representa tives shall appoint a cochairman and the President of the Senate shall appoint a cochairman. BE IT FURTHER RESOLVED that the committee is charged with the responsibility of investigating the feasibility of using resources made available from the business commu nity and philanthropic interests to establish or facilitate in Georgia during 1990 a one-day Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse. If the committee determines that the establishment of such a conference is feasible through such resources so made available, the committee is authorized to undertake all actions necessary to establish or facilitate such a conference through such resources, provided that no legisla tive branch funds may be expended to establish or facilitate the conference unless such expenditure is specifically authorized by the Legislative Services Committee. BE IT FURTHER RESOLVED that the members of the steering committee shall serve without compensation, except that the legislative members of the committee shall receive from legislative funds for each day's service thereon the allowances authorized for members of legislative interim committees. 2320 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon English Engrain Fincher Foster Gillis Htmmill Harris Burton Hward Sins Dawkins Deal Dean Echols Edge Egan KSr Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th R of 32nd p. Scott of 2nd I'0"* 36* Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Broun Coleman Fuller Garner Johnson Langford Shumake Starr Timmons On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A resolution designating the "Plantation Parkway". Senate Sponsors: Senators Olmstead of the 26th and Dean of the 31st. The Senate Committee on Transportation offered the following substitute to HR 812: A RESOLUTION Designating the "Plantation Parkway"; designating the General Robert L. Scott High way; to repeal conflicting laws; and for other purposes. WHEREAS, that section of South Georgia traversed by U.S. Highway 319 rivals any location in the country in the natural beauty of its flora, fauna, and geographic features; and WHEREAS, the scenery along that section of highway is enjoyed annually by tens of thousands of motorists, both local residents and tourists; and WEDNESDAY, MARCH 7, 1990 2321 WHEREAS, the majority of the lands bordering the highway have historically been known as "plantations"; and WHEREAS, the citizens of Thomas County and Grady County, naturally proud of their area of the state and its history, are desirous of designating that section of U.S. Highway 319 as the "Plantation Parkway"; and WHEREAS, retired Brig. Gen. Robert Lee Scott, Jr., who fought with the "Flying Tigers" in China during World War II and who wrote God Is My Co-Pilot, is a resident of middle Georgia; and WHEREAS, General Scott is a graduate of Lanier High School in Macon, Georgia, and of the United States Military Academy in West Point, New York; and WHEREAS, General Scott became first commander of the 23rd Fighter Group on July 4, 1942, when the "Flying Tigers" were disbanded and as a flying ace was awarded five Air Medals, two Silver Stars, and three Distinguished Flying Crosses; and WHEREAS, following World War II, he went to Washington to lobby for the creation of the Air Force as a separate branch of the military; and WHEREAS, General Scott has served as commanding officer of Williams Air Force Base, the 36th Fighter-Bomber Wing at Furstenfeldbruck, Germany, and Luke Air Force Base in Phoenix, Arizona; and WHEREAS, in September, 1986, he assumed duties as chairman of the Heritage of Eagles Campaign, Museum of Aviation at Robins Air Force Base and was instrumental in having the Georgia Aviation Hall of Fame created; and WHEREAS, it is only fitting and proper that General Scott be honored for his out standing service to his country and his many contributions to the State of Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: ARTICLE 1 Section 1. That the portion of U.S. Highway 319 between the southernmost city limits of the City of Thomasville, Georgia, and the Florida state line is designated as the "Planta tion Parkway." Section 2. That the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway. Section 3. That the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation. Section 4. That the Secretary of the Senate and the Clerk of the House of Representa tives are authorized and directed to transmit appropriate copies of this resolution to the governing authorities of Thomas County and Grady County. ARTICLE 2 Section 1. That State Highway 247 between the intersection of said highway and State Highway 96 and the intersection of said highway and State Highway 11 in Bibb County is designated as the General Robert L. Scott Highway. Section 2. That the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations along State Highway 247 designating it as pro vided in this article. Section 3. That the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation and to General Robert L. Scott. ARTICLE 3 Section 1. That all laws and parts of laws in conflict with this resolution are repealed. 2322 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the 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 Baldwin Barker Barnes Bowen Brannon Broun BCluaryton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster gillis Hammill HHoarwriasrd Huggins Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of loth 1^^ of 32nd D^ ?co,t,t !. 3,,.6,.t.,h Shumake starr Tate Taylor Turner Tysinger Walker Those not voting were Senators: Allgood Fuller Garner Johnson Kennedy (presiding) Langford Scott of 2nd Stumbaugh Timmons On the adoption of the resolution, the yeas 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. HR 848. By Representatives Hudson of the 117th and Birdsong of the 104th: A resolution designating the Everett Floyd Dykes Highway. Senate Sponsors: Senators McKenzie of the 14th and Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dean Echols Edge Egan English Engram Fincher Foster Fuller Gillis Hammill Harris WEDNESDAY, MARCH 7, 1990 2323 Howard Kidd Land Newbill Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Dawkins Deal Garner Huggins Johnson Kennedy (presiding) Langford McKenzie Perry Scott of 2nd Shumake On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 887. By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st and others: A resolution designating the F. Emory Greene Memorial Bridge. Senate Sponsors: Senators Harris of the 27th and Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bwen BBruorutonn Clay Coleman Collins Dawkins Dean Echols Egan English Engram Foster Fuller Gilhs HHoarwriasrd Huggins Johnson Kidd Land Newbill Olmstead Peevy Perry Phillips Pollard R of I0th R Qf 32nd 0Sco.t.t of,. 3,,,,6.t,h Shumake Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Brannon Deal Edge Fincher Garner Hammill Kennedy (presiding) Langford McKenzie Parker Ray Scott of 2nd Starr Taylor Tysinger On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 2324 JOURNAL OF THE SENATE HR 909. By Representative Edwards of the 112th: A resolution designating the Eloise Woolridge Bridge. Senate Sponsors: Senators Land of the 16th and Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Bwen Burton Cky XColfh.mnsan Dawkins Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Harris HTToward *u*ema Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Soucott oif 36th ^humake Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barker Barnes Brannon Broun Fuller Hammill Kennedy (presiding) Langford McKenzie Ragan of 10th Scott of 2nd Starr Stumbaugh On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 931. By Representatives Randall of the 101st, Birdsong of the 104th, Groover of the 99th and others: A resolution designating the Joe A. Whitherington Bridge. Senate Sponsors: Senators Olmstead of the 26th and Dawkins of the 45th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Dean Echols Edge Egan WEDNESDAY, MARCH 7, 1990 2325 English Engrain Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barker Coleman Deal Fuller Garner Kennedy (presiding) Langford McKenzie Ragan of 10th Scott of 2nd Starr On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 810. By Representatives Griffin of the 6th, Foster of the 6th, Dover of the llth and others: A resolution creating the Joint Workers' Compensation Study Committee. Senate Sponsors: Senators Dawkins of the 45th and Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Allgood Baldwin Barnes Fuller Garner Kennedy (presiding) Langford McKenzie Ragan of 10th Ragan of 32nd Shumake 2326 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 886. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution creating the Joint Study Committee on State Officials' Compensation. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Voting in the negative was Senator Barnes. Those not voting were Senators: Allgood Baldwin Barker Egan Garner Kennedy (presiding) Langford McKenzie Scott of 2nd Shumake On the adoption of the resolution, the yeas were 45, nays 1. The resolution, having received the requisite constitutional majority, was adopted. HR 735. By Representatives Couch of the 36th and Murphy of the 18th: A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution. Senate Sponsors: Senators Coleman of the 1st and Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. WEDNESDAY, MARCH 7, 1990 2327 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barnes Bowen Brannon Burton Engram Fincher Foster Fuller Gillis Hammill ^CCoo,llyleimnsan Dawkins Deal Dean Echols Edge English H,,Hougwgamrds Johnson Kidd Land Newbill Olmstead Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray ScSct, aortrt of 36th Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Barker Egan Garner Harris Kennedy (presiding) Langford McKenzie Peevy Scott of 2nd Shumake Taylor On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 849. By Representative McDonald of the 12th: A resolution creating the Georgia Courts Automation Commission. Senate Sponsor: Senator Burton of the 5th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barnes Bowen Brannon English Engram Fincher Foster Fuller Peevy Perry Phillips Pollard Ragan of loth Bur^n SET Ragan of 32nd Coleman Collins Dawkins Deal Dean Echols Edge Egan HoZf Huggins Johnson Kidd Land Newbill Olmstead Parker ^tt of 36th Stumbaugh late Tflylor Timmons Turner Tysinger Walker 2328 JOURNAL OF THE SENATE Those not voting were Senators: Baldwin Barker Harris Kennedy (presiding) Langford McKenzie Scott of 2nd Shumake Starr On the adoption the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 498. By Senators Albert of the 23rd and Kidd of the 25th: A resolution creating the Senate Protection of Artists Study Committee. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker B*rne8 Bowen ^C,ularytn Coleman Collins Dawkins Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner .,, "Haamrrmisl11 Howard Huggins Johnson Kidd Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd R Q.. Scott of 2nd S,, humake tarr , , Stumbaugh TMate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Broun Deal Kennedy (presiding) Land Langford McKenzie Phillips Scott of 36th On the adoption of the resolution, the yeas were 47, 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 and final ac tion suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or op- WEDNESDAY, MARCH 7, 1990 2329 erating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally. Senate Sponsor: Senator Edge of the 28th. The substitute to HB 1763 offered by Senator Scott of the 2nd, as it appears in the Journal of March 6, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Bowen Fuller Garner Kennedy (presiding) Langford McKenzie Starr Taylor On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, having been read the third time and final ac tion suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: 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- 2330 JOURNAL OF THE SENATE ages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section. Senate Sponsor: Senator Deal of the 49th. The amendment to HB 1498 offered by Senators Peevy of the 48th and Allgood of the 22nd on March 6, as it appears in the Journal of March 6, was automatically reconsidered and put upon its adoption. On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Brannon Broun Burton Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Baldwin Bowen Clay Coleman Egan Fuller Garner Kennedy (presiding) Langford McKenzie Taylor Tysinger On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair. The following general bill of the House, having been read the third time on February 28 and placed on the Table, taken from the Table on March 6, and final action suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and others: A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat- WEDNESDAY, MARCH 7, 1990 2331 ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device. Senate Sponsor: Senator Burton of the 5th. The amendment offered by Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd on March 6, as it appears in the Journal of March 6, was automatically reconsid ered and put upon its adoption. Senator Fuller of the 52nd offered the following amendment: Amend the amendment offered by Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd to HB 1512 by adding after the word "to" on line 10, page 1, the following: "exempt amusement machines and coin operated games from the prohibitions of this chapter; to"; and by inserting a new section to be enumerated "Section 3." on page 2 to read: "Nothing in this part shall apply to a coin operated game or device designed and manu factured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with merchandise limited to noncash prizes, toys, and nov elties, each of which has a wholesale value of not more than ten times the cost charged to play the game or device or $5.00, whichever is less. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code." On the adoption of the amendment, the yeas were 39, nays 0, and the amendment of fered by Senator Fuller of the 52nd was adopted. On the adoption of the amendment offered by Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd, the yeas were 36, nays 0, and the amendment was adopted as amended. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Walker 2332 JOURNAL OF THE SENATE Those not voting were Senators: Allgood Baldwin Coleman Egan Howard Kidd Langford McKenzie Ragan of 10th Taylor Tysinger On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following general bill of the House, having been read the third time and final ac tion suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th and others: A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof. Senate Sponsor: Senator Parker of the 15th. The amendment offered by Senators Peevy of the 48th and Olmstead of the 26th to HB 1228 on March 6, as it appears in the Journal of March 6, was automatically reconsidered and put upon its adoption. On the adoption of the 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 Barker Bowen Brannon roun ^ Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis Hammill Harris Howard " u ^inf Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Barnes Coleman Egan Fuller Garner WEDNESDAY, MARCH 7, 1990 2333 Johnson Langfoid McKenzie Scott of 36th Shumake Starr Taylor On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following general bill of the House, having been read the third time and final ac tion suspended on March 5, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election. Senate Sponsor: Senator Baldwin of the 29th. The substitute to HB 1204 offered by Senator Parker of the 15th on March 5, as it appears in the Journal of March 5, was automatically reconsidered and put upon its adoption. Senators Deal of the 49th and Tysinger of the 41st offered the following amendment: Amend the substitute to HB 1204 offered by Senator Parker of the 15th by deleting on lines 27, page 3, the words "sexual orientation" and "HIV", and by deleting line 28, page 3, and inserting in lieu thereof a new period "." On the adoption of the amendment offered by Senators Deal of the 49th and Tysinger of the 41st, 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: Albert Baldwin Barker Barnes Brannon Clay C0llin8 Deal Dean Echols Edge English Fincher Foster Fuller Garner Gillis Hugging Kennedy Land Newbill Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Turner Tysinger Those voting in the negative were Senators: Allgood Coleman Ha^U Harris Johnson Kidd Langford McKenzie Olmstead Parker Scott of 36th Shumake Stumbaugh Tate Walker 2334 JOURNAL OF THE SENATE Those not voting were Senators: Bowen Dawkins Egan Howard Taylor Timmons On the adoption of the amendment, the yeas were 34, nays 16, and the amendment offered by Senators Deal of the 49th and Tysinger of the 41st to the substitute to HB 1204 offered by Senator Parker of the 15th was adopted. On the adoption of the substitute, the yeas were 32, nays 2, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute as amended. On the passage of the bill, a roll call was taken, and the vote was follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Clay Coleman Collins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Hammill Harris Howard Johnson Kennedy Kidd Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker Voting in the negative were Senators Burton and Phillips. Those not voting were Senators: Brannon Dawkins Egan Fuller Huggins Ragan of 10th Starr Taylor Timmons On the passage of the bill, the yeas were 45, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Peevy of the 48th introduced the doctor of the day, Dr. Cecil Miller, of Buford, Georgia. Senator Gillis of the 20th assumed the Chair at the direction of the President. The following general bill of the House, having been read the third time and final ac- WEDNESDAY, MARCH 7, 1990 2335 tion suspended on March 5, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1568. By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th and others: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a used car dealer. Senate Sponsor: Senator Parker of the 15th. The substitute to HB 1568 offered by Senators Parker of the 15th and Bowen of the 13th on March 5, as it appears in the Journal of March 5, was automatically reconsidered and put upon its adoption. 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, 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 Barker Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Tate Turner Tysinger Walker Those not voting were Senators: Allgood (excused) Baldwin Coleman Fuller Garner Gillis (presiding) Kennedy (excused) McKenzie Scott of 2nd Starr (excused) Stumbaugh Taylor Timmons On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 2336 JOURNAL OF THE SENATE The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HB 1449. By Representative Robinson of the 96th: 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 revise the laws relating to trade secrets; to provide a short title. 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 Barker Barnes Bowen Broun Burton Collins Dawkins Deal Dean Echols Edge English Engram Foster Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Tate Turner Tysinger Walker Those not voting were Senators: Allgood (excused) Baldwin Brannon Clay Coleman Egan Fincher Fuller Garner Gillis (presiding) Kennedy (excused) McKenzie Olmstead Scott of 2nd Shumake Starr (excused) Stumbaugh Taylor Timmons On the passage of the bill, the yeas were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 279. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th: Senate Sponsor: Senator Barker of the 18th. 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; to provide for the submission of this amendment for ratification or rejection; and for other purposes. WEDNESDAY, MARCH 7, 1990 2337 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows: "(e) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to subparagraph (a) of this Paragraph, the General Assembly may by general or local law provide that any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of any local sales and use tax authorized by general law without any corresponding limitation of its ad valorem taxing powers." 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. "[ ] YES [ ] NO Shall the Constitution be amended 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?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Bowen Brannon Broun Burton Clay Collins Deal Dean Echols Edge Egan English Engram Foster Garner Hammill Harris Huggins Johnson Kidd Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Allgood (excused) Baldwin Coleman Dawkins Fincher Fuller Gillis (presiding) Howard Kennedy (excused) Land Scott of 2nd Starr (excused) Taylor Timmons On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. 2338 JOURNAL OF THE SENATE HB 1050. By Representative Oliver of the 53rd: A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions of eminent domain, so as to provide that after con demnation, the condemning body shall maintain the condemned property free of garbage, trash, and waste materials. 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 Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Engram Fincher Foster Hammill Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 36th Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Allgood (excused) Baldwin Brannon Deal English Fuller Garner Gillis (presiding) Johnson Kennedy (excused) Parker Phillips Ray Scott of 2nd Shumake Starr (excused) Taylor Timmons On the passage of the bill, the yeas were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1505. By Representatives Orrock of the 30th and Green of the 106th: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye. Senate Sponsor: Senator Kidd of the 25th. The Senate Committee on Human Resources offered the following substitute to HB 1505: A BILL To be entitled an Act to amend Article 1 of Chapter 12 of Title 16 of the Official Code WEDNESDAY, MARCH 7, 1990 2339 of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye; to provide for a definition; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, is amended by adding at the end a new Code section to read as follows: "16-12-5. (a) As used in this Code section, the term 'tattoo' means to mark or color the skin of any person by pricking in indelible pigments, except when performed by a physician licensed as such pursuant to Chapter 34 of Title 43. (b) It shall be unlawful for any person to tattoo the body of any person within any area within three inches of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 1505 offered by the Senate Committee on Human Re sources by adding in the title at the end of line 5 of page 1 the following: "exceptions; to provide for". By adding at the end of line 18 of page 1 a new sentence to read as follows: "The term 'tattoo' shall not mean and this Code section shall not apply to micro-pig ment implantation which does not include the use of indelible ink." On the adoption of the amendment offered by Senator Kidd of the 25th, Senator How ard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Brannon Burton Clay Dawkins Edge Engram Harris Kidd Langford Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd Scott of 36th Shumake Taylor Those voting in the negative were Senators: Albert Allgood Baldwin Barker BCorolluinns Dean Egan Fincher Foster Fuller Hammill Howard JMouhgngsionns Kennedy Land McKenzie Newbill Parker Peevy phmi S0 t, umbfaugh, Turner Tysinger Walker Those not voting were Senators: Bowen Coleman Deal Echols English Garner Gillis (presiding) Olmstead Ray Starr (excused) Tate Timmons 2340 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 18, nays 26, and the amendment offered by Senator Kidd of the 25th to the substitute to HB 1505 offered by the Senate Committee on Human Resources was lost. Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 1505 offered by the Senate Committee on Human Re sources by striking from the end of line 20 and the beginning of line 21 of page 1 the following: "three inches", and inserting in lieu thereof the following: "one inch". On the adoption of the amendment offered by Senator Kidd of the 25th, Senator How ard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Brannon Burton Echols Edge Engram Hammill Harris Huggins Kiddf , Kuf Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 2nd ^tt of 36th Shumake Starr Walker Those voting in the negative were Senators: Albert AUgood Bgraorkuenr Egan Fincher Foster Fuller Howard Johnson Kennedy Land McKenzie Parker Sc^tumbi.aughu Turner Tysinger Those not voting were Senators: Bowen Coleman Deal Dean English Garner Gillis (presiding) Olmstead Tate Taylor Timmons On the adoption of the amendment, the yeas were 26, nays 19, and the amendment offered by Senator Kidd of the 25th to the substitute to HB 1505 offered by the Senate Committee on Human Resources was adopted. WEDNESDAY, MARCH 7, 1990 2341 Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 1505 offered by the Senate Committee on Human Re sources by adding in the title at the end of line 5 of page 1 the following: "exceptions; to provide for". By adding at the end of line 18 of page 1 the following: "The term 'tattoo' shall not apply to dermal procedures conducted by an experienced practitioner who has possessed a business license for at least three years." Senator Ragan of the 10th offered the following amendment: Amend the amendment offered by Senator Kidd of the 25th to the substitute to HB 1505 offered by the Senate Committee on Human Resources by striking on line 9, the word "experienced" and inserting in lieu thereof the word "licensed". On the adoption of the amendment, the yeas were 16, nays 22, and the amendment offered by Senator Ragan of the 10th to the amendment offered by Senator Kidd of the 25th to the substitute to HB 1505 offered by the Senate Committee on Human Resources was lost. On the adoption of the amendment offered by Senator Kidd of the 25th, Senator How ard of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Barnes Brannon ECclahyols Edge Engram Kidd Langford PNeerwrybill Pollard Ragan of 10th Ragan of 32nd fjay S0 co,t.t ocf n2ndi Scott of 36th Shumake Those voting in the negative were Senators: Albert Allgood Baldwin Barker Broun Burton Coleman Collins Deal Dean Egan Fincher Foster Fuller Hammill Harris Howard Huggins Johnson Kennedy Land McKenzie Parker Peevy Phillips Starr Stumbaugh Turner Tysinger Walker Those not voting were Senators: Bowen Dawkins English Garner Gillis (presiding) Olmstead Tate Taylor Timmons On the adoption of the amendment, the yeas were 16, nays 22, and the amendment offered by Senator Kidd of the 25th to the substitute to HB 1505 offered by the Senate Committee on Human Resources was lost. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended. 2342 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Brannon Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Those voting in the negative were Senators: Peevy Perry Phillips Pollard Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Turner Tysinger Walker Barnes Clay Edge Engrain Langford Newbill Parker Ragan of 10th Those not voting were Senators: Ragan of 32nd Taylor Timmons Bowen English Gillis (presiding) Tate Olmstead On the passage of the bill, the yeas were 40, nays 11. The bill, having received the requisite constitutional majority, was passed by substitute. The following resolution of the Senate was read and adopted: SR 526. By Senator Broun of the 46th: A resolution commending Coach Hugh Durham. Senator Broun of the 46th introduced Hugh Durham, Basketball Coach at the Univer sity of Georgia, who briefly addressed the Senate. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. WEDNESDAY, MARCH 7, 1990 2343 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1673. By Representatives Dover of the llth, Twiggs of the 4th and Groover of the 99th: A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to qualifications of special officers for the protection of railroad property, so as to change certain residency requirements. Senate Sponsor: Senator Tysinger of the 41st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Bowen Brannon Broun Burton Dawkins Edge Egan Fincher Gillis Howard Huggins Kidd Olmstead Parker Phillips Pollard Ragan of 10th Ragan of 32nd Scott of 36th Stumbaugh Tate Timmons Tysinger Walker Those voting in the negative were Senators: Allgood Barnes Collins Deal Echols Engram Hammill Harris Land Langford Newbill Peevy Perry Ray Shumake Turner Those not voting were Senators: Albert Clay Coleman Dean English Foster Fuller Garner Johnson Kennedy (presiding) McKenzie Scott of 2nd Starr Taylor On the passage of the bill, the yeas were 26, nays 16. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Tysinger of the 41st gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1673. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, stated that, as provided for in Senate Rule 94, he would set the time to entertain the motion to reconsider for 11:20 o'clock A.M. today. 2344 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto: HB 1554. By Representatives Clark of the 20th and Jackson of the 9th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941. The House amendment was as follows: Amend the Senate amendment by deleting on line 5-7 the words "by striking on page 2, line 12 and 13 "500" and inserting therein "250". Senator Burton of the 5th moved that the Senate disagree to the House amendment to the Senate amendment to HB 1554. On the motion, the yeas were 34, nays 2; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to HB 1554. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1298. By Representative Smith of the 78th: A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers. Senate Sponsor: Senator Harris of the 27th. Senator Dawkins of the 45th offered the following amendment: Amend HB 1298 by adding a new Section 8 to read as follows: "Article 1 of Chapter 13 of Title 48 subsection (a) of Code Section 48-13-5 is amended by adding the following: 'For the purpose of this subsection only, marriage and family therapists shall include social workers and professional counselors.' " On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Dawkins Deal Echols WEDNESDAY, MARCH 7, 1990 2345 Edge Egan Engrain F'ncher Gamer QJJJHammill Harris Howard Huggins Kidd Land Langford Newbill Olmstead Parker Peevv Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Timmons Turner Tysinger Walker Those not voting were Senators: Dean English Fuller Johnson Kennedy (presiding) McKenzie Scott of 2nd Shumake Tate Taylor On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House insists on its position is 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 744. By Representative Groover of the 99th: A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of said chapter. The Speaker has appointed on the part of the House, Representatives Groover of the 99th, Robinson of the 96th and Chambless of the 133rd. The House has disagreed to the Senate substitutes to the following bills of the House: 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 1617. By Representatives Richardson of the 52nd and Lawson of the 9th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juvenile courts of 2346 JOURNAL OF THE SENATE Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to ex pand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees. The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House: HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th, Steele of the 97th, Poag of the 3rd and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility re quired for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Gillis of the 20th moved that the Senate insist upon the Senate substitute to HB 442. On the motion, the yeas were 31, nays 1; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 442. The following general bill of the House, having been read the third time and lost on March 6, and reconsidered on March 6, was put upon its passage: HB 999. By Representative Martin of the 26th: 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 attorney in fact for health care to make health care decisions on behalf of such person; to provide for definitions; to provide for a durable power of attorney for health care; to provide for certain required contents of such documents. Senate Sponsors: Senators Walker of the 43rd and Howard of the 42nd. Senator Parker of the 15th moved that the Senate reconsider its action of March 6 in adopting the amendment offered by Senator Parker of the 15th, as it appears in the Journal of March 6. On the motion, the yeas were 35, nays 0; the motion prevailed, and the amendment offered by Senator Parker of the 15th was reconsidered. On the adoption of the amendment offered by Senator Parker of the 15th, the yeas were 0, nays 38, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, MARCH 7, 1990 2347 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker Those voting in the negative were Senators: Allgood Barker Brannon Burton Coleman Ragan of 32nd Ray Timmons Those not voting were Senators: Barnes English Kennedy (presiding) Olmstead On the passage of the bill, the yeas were 44, nays 8. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House action thereon: SB 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. Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to SB 450, and that a Conference Committee be appointed. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to SB 450. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Kidd of the 25th, Olmstead of the 26th and Walker of the 43rd. Time having arrived for the entertainment of the reconsideration motion, Senator Tys- 2348 JOURNAL OF THE SENATE inger of the 41st moved that the Senate reconsider its action previously today in defeating the following bill of the House: HB 1673. By Representatives Dover of the llth, Twiggs of the 4th and Groover of the 99th: A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to qualifications of special officers for the protection of railroad property, so as to change certain residency requirements. On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 1673 was recon sidered and placed at the foot of the Senate General Calendar. 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 253. By Representative McDonald of the 12th: A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1990, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein. Senate Sponsors: Senators Starr of the 44th and Broun of the 46th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Brarmn J^>ruaorutonn Engram Fincher Foster Fuller Hammill HHoarwriasrd Collins Dawkins Deal Dean Echols Edge Egan Huggins Johnson Kidd Land Langford Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th RRaaygan of 32nd Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Allgood 5owen Coleman English Garner Gillis Kennedy (presiding) McKenzie Olmstead Scott of 2nd Scott of 36th Shumake Taylor On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 7, 1990 2349 HR 861. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th and others: Senate Sponsor: Senator Baldwin of the 29th. A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to confer "by law" jurisdiction on municipal courts over violations of state law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section I, Paragraph I of the Constitution is amended by adding at the end of said Paragraph a new sentence to read as follows: "The General Assembly shall have the authority to confer 'by law' jurisdiction upon municipal courts to try state offenses." 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 [ 1 NO Shall the Constitution be amended so as to authorize the General Assembly to confer 'by law' jurisdiction upon municipal courts to try state offenses?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Brannon Broun Burton Clay Collins Deal Dean Echols Edge 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 Scott of 36th Starr Stumbaugh Tate Timmons Turner Tysinger Walker 2350 JOURNAL OF THE SENATE Those not voting were Senators: Allgood Bowen Coleman Dawkins Egan English Kennedy (presiding) Ray Scott of 2nd Shumake Taylor On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. HB 1137. By Representative Richardson of the 52nd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of contin uing care providers and facilities; to provide for exemptions; to prohibit continu ing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department. Senate Sponsor: Senator Stumbaugh of the 55th. The Senate Committee on Insurance offered the following substitute to HB 1137: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of contin uing care providers and facilities; to provide for exemptions; to prohibit continuing care providers from transacting any insurance business except under certain conditions; to pro vide for powers and duties of the Insurance Department; to provide conditions for the ap proval or renewal of certificates of authority for providing continuing care or issuing contin uing care agreements; to provide for surety bonds; to provide for annual statements; to provide for continuing care agreements; to provide for rescission of continuing care agree ments and for deposit of funds; to require notices and the keeping of certain laws and state ments for public inspection; to provide for conditions prior to transfer of money or property to a continuing care provider; to provide for cancellation of agreements and for refunds; to prohibit certain waivers; to provide for certain disclosures; to provide for criminal penalties and injunctive relief; to prohibit abatement of certain actions; to provide for damages and attorney's fees; to subject new, amended, or renewal agreements to regulation; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end a new chapter to read as follows: "CHAPTER 45 33-45-1. As used in this chapter, the term: (1) 'Continuing care' or 'care' means furnishing pursuant to an agreement shelter, food, and either nursing care or personal services, whether such nursing care or personal services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agree ments to provide care for any duration, including agreements that are terminable by either party. (2) 'Entrance fee' means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident a place in a facility. An accommoda tion fee, admission fee, or other fee of similar form and application shall be considered to be an entrance fee. WEDNESDAY, MARCH 7, 1990 2351 (3) 'Facility' means a place in which it is undertaken to provide continuing care. (4) 'Licensed' means that the provider has obtained a certificate of authority from the department. (5) 'Personal services' means, but is not limited to, such services as: individual assis tance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. 'Personal services' shall not be construed to mean the provision of medical, nursing, dental, or mental health services by the staff of a facility. (6) 'Provider' means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or opera tor undertakes to provide continuing care for a fixed or variable fee, or for any other remu neration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. (7) 'Resident' means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement may not be construed to give the resident a part ownership of the facility in which the resident is to reside unless expressly provided for in the agreement. 33-45-2. Except as provided in this chapter, providers of continuing care facilities shall be governed by the provisions of this chapter and shall be exempt from all other provisions of this title. 33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the State Health Planning Agency, or any other regulatory body exercising au thority over continuing care providers. 33-45-4. The administration of this chapter is vested in the department, which shall: (1) Prepare and furnish all forms necessary under the provisions of this chapter; (2) Collect in advance, and the applicant shall pay in advance, the following fees: (A) At the time of filing an application for a certificate of authority, an application fee in the amount of $75.00 for each facility; (B) At the time of renewal of a certificate of authority, a renewal fee in the amount of $75.00 for each year or part thereof for each facility where continuing care is provided; and (C) A late fee in an amount equal to 50 percent of the renewal fee in effect on the last preceding regular renewal date. In addition to any other penalty that may be provided for under this chapter, the department may levy a fine not to exceed $50.00 a day for each day of noncompliance; (3) Adopt rules, within the standards of this chapter, necessary to effect the purposes of this chapter. Specific provisions in this chapter relating to any subject shall not preclude the department from adopting rules concerning such subject if such rules are within the stan dards and purposes of this chapter; (4) Adopt rules, within the standards of this chapter, to set a bond conditioned upon compliance with the provisions of this chapter. The amount of the bond shall be not less than $10,000.00. The rules adopted by the department shall provide for consideration of the obligations, financial condition, amounts of debt, service provisions, and such other features as deemed pertinent and applicable to the determination of a sufficient bond amount. 2352 JOURNAL OF THE SENATE (5) Impose administrative fines and penalties pursuant to this chapter. 33-45-5. No person may engage in the business of providing continuing care or issuing continuing care agreements in this state without a certificate of authority therefor obtained from the department as provided in this chapter. The application for approval or renewal of a certificate of authority shall be on such forms as provided by the department. The depart ment shall issue such certificate of authority if the applicant pays the required fees and the continuing care agreement for the applicant meets the requirements of Code Section 33-457. The department shall renew a certificate of authority if the provider pays the required fees and furnishes the annual statements required by Code Section 33-45-6 and is otherwise not in violation of this chapter. 33-45-6. (a) Annually, on or before May 1, the provider shall file an annual statement and such other information and data showing its condition as of the last day of the preced ing calendar year or fiscal year of the provider. If the department does not receive the re quired information on or before May 1 or within 120 days after the last day of the fiscal year of the provider, a late fee may be charged pursuant to Code Section 33-45-4. The depart ment may approve an extension of up to 30 days. (b) The annual statement shall be in such form as the department prescribes and shall contain at least the following: (1) Financial statements audited by an independent certified public accountant, which shall contain, for two or more fiscal years if the facility has been in existence that long, the following: (A) An accountant's opinion and, in accordance with generally accepted accounting principles: (i) A balance sheet; (ii) A statement of income and expenses; (iii) A statement of equity or fund balances; and (iv) A statement of changes in financial position; and (B) Notes to the financial statements considered customary or necessary for full disclo sure or adequate understanding of the financial statements, financial condition, and operation; (2) The following financial information: (A) A schedule giving additional information relating to property, plant, and equipment having an original cost of at least $25,000.00 so as to show in reasonable detail with respect to each separate facility original costs, accumulated depreciation, net book value, appraised value or insurable value and date thereof, insurance coverage, encumbrances, and net equity of appraised or insured value over encumbrances. Any property not used in continuing care shall be shown separately from property used in continuing care; (B) The level of participation in medicare or Medicaid programs, or both; (C) A statement of all fees required of residents including, but not limited to, a state ment of the entrance fee charged, the monthly service charges, the proposed application of the proceeds of the entrance fee by the provider, and the plan by which the amount of the entrance fee is determined if the entrance fee is not the same in all cases; and (D) Any change or increase in fees when the provider changes either the scope of, or the rates for, care or services, regardless of whether the change involves the basic rate or only those services available at additional costs to the resident; and (3) If the provider is an individual, the annual statement shall be sworn to by the indi vidual; if a limited partnership, by the general partner; if a partnership other than a limited partnership, by all the partners; if any other unincorporated association, by all its members WEDNESDAY, MARCH 7, 1990 2353 or officers and directors; if a trust, by all its trustees and officers; and, if a corporation, by the president and secretary thereof. 33-45-7. (a) In addition to other provisions considered proper to effectuate any continu ing care agreement, addendum, or amendment each such agreement, addendum, or amend ment shall be in writing and shall: (1) Provide for the continuing care of only one resident, or for two persons occupying space designed for double occupancy under appropriate regulations established by the pro vider, and shall list all properties transferred and their market value at the time of transfer, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the resident or residents; (2) Specify all services which are to be provided by the provider to each resident, in cluding, in detail, all items which each resident will receive, whether the items will be pro vided for a designated time period or for life, and whether the services will be available on the premises or at another specified location. The provider shall indicate which services or items are included in the agreement for continuing care and which services or items are made available at or by the facility at extra charge. Such items shall include, but are not limited to, food, shelter, personal services or nursing care, drugs, burial, and incidentals; (3) Describe the terms and conditions under which an agreement for continuing care may be canceled by the provider or by a resident and the conditions, if any, under which all or any portion of the entrance fee will be refunded in the event of cancellation of the agree ment by the provider or by the resident, including the effect of any change in the health or financial condition of a person between the date of entering an agreement for continuing care and the date of initial occupancy of a living unit by that person; (4) Describe the health and financial conditions required for a person to be accepted as a resident and to continue as a resident, once accepted, including the effect of any change in the health or financial condition of a person between the date of entering into a continuing care agreement and the date of taking occupancy in a living unit; (5) Describe the circumstances under which the resident will be permitted to remain in the facility in the event of financial difficulties of the resident; (6) State the fees that will be charged if the resident marries while at the designated facility, the terms concerning the entry of a spouse to the facility, and the consequences if the spouse does not meet the requirements for entry; (7) State whether the funds or property transferred for the care of the resident is: (A) Nonrefundable, in which event the agreement shall comply with this subparagraph. Such agreement shall allow a 90 day trial period of residency in the facility during which time the provider, resident, or person who provided the transfer of funds or property for the care of such resident may cancel the agreement after written notice. A refund must be made of such funds, property, or both within 120 days after the receipt of such notice and shall be calculated on a pro rata basis with the provider retaining no more than 10 percent of the amount of the entry fee. Notwithstanding the provisions of this subparagraph, the provi sions of paragraph (8) of this subsection, and the provisions of subsections (b) and (e) of this Code section shall apply to nonrefundable agreements; or (B) Refundable, in which event the agreement shall comply with this subparagraph. Such agreement may be canceled upon the giving of written notice of cancellation of at least 30 days by the provider, the resident, or the person who provided the transfer of property or funds for the care of such resident; provided, however, if an agreement is canceled because there has been a good faith determination that a resident is a danger to that resident or to others, only such notice as is reasonable under the circumstances shall be required. The agreement shall further provide in clear and understandable language, in print no smaller than the largest type used in the body of the agreement, the terms governing the refund of any portion of the entrance fee, which terms shall include a provision that all refunds be made within 120 days of notification. For a resident whose agreement with the facility pro- 2354 JOURNAL OF THE SENATE vides that the resident does not receive a transferable membership or ownership right in the facility and who has occupied his unit, the refund shall be calculated on a pro rata basis with the facility retaining no more than 2 percent per month of occupancy by the resident and no more than a 4 percent fee for processing. Such refund shall be paid no later than 120 days after the giving of notice of intention to cancel. Alternatively, if the contract provides for the facility to retain no more than 1 percent per month of occupancy by the resident, it may provide that such refund will be payable upon receipt by the provider of the next entrance fee for any comparable unit upon which there is no prior claim by any resident. Unless the provisions of subsection (e) of this Code section apply, for any prospective resi dent, regardless of whether or not such a resident receives a transferable membership or ownership right in the facility, who cancels the agreement prior to occupancy of the unit the refund shall be the entire amount paid toward the entrance fee, less a processing fee not to exceed 4 percent of the entire entrance fee, but in no event shall such processing fee exceed the amount paid by the prospective resident. Such refund shall be paid no later than 60 days after the giving of notice of intention to cancel. For a resident who has occupied his unit and who has received a transferable membership or ownership right in the facility, the foregoing refund provisions shall not apply but shall be deemed satisfied by the acquisition or receipt of a transferable membership or an ownership right in the facility. The provider shall not charge any fee for the transfer of membership or sale of an ownership right; (8) State the terms under which an agreement is canceled by the death of the resident. These terms may contain a provision that, upon the death of a resident, the entrance fee of such resident shall be considered earned and shall become the property of the provider. When the unit is shared, the conditions with respect to the effect of the death or removal of one of the residents shall be included in the agreement; (9) Describe the policies which may lead to changes in monthly recurring and nonrecur ring charges or fees for goods and services received. The agreement shall provide for ad vance notice to the resident, of not less than 60 days, before any change in fees or charges or the scope of care or services may be effective, except for changes required by state or federal assistance programs; (10) Provide that charges for care paid in one lump sum shall not be increased or changed during the duration of the agreed upon care, except for changes required by state or federal assistance programs; (11) Specify whether or not the facility is, or is affiliated with, a religious, nonprofit, or proprietary organization or management entity, the extent to which the affiliate organiza tion will be responsible for the financial and contractual obligations of the provider, and the provisions of the federal Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of federal income tax; and (12) Describe the policy of the provider regarding reserve funding. (b) A resident has the right to rescind a continuing care agreement, without penalty or forfeiture, within seven days after executing the agreement. During the seven-day period, the resident's funds shall be retained in a separate escrow account under terms approved by the department. A resident shall not be required to move into the facility designated in the agreement before the expiration of the seven-day period. (c) The agreement shall include or shall be accompanied by a statement, printed in boldface type, which reads: 'This facility and all other continuing care facilities in this state are regulated by Chapter 45 of Title 33 of the Official Code of Georgia Annotated. A copy of the law is on file in this facility. The law gives you or your legal representative the right to inspect our most recent annual statement before signing the agreement.' (d) Before the transfer of any money or other property, other than an application fee which shall not exceed $1,500.00, to a provider by or on behalf of a prospective resident, the provider shall present a typewritten or printed copy of the agreement to the prospective resident and all other parties to the agreement. The provider shall secure a signed, dated WEDNESDAY, MARCH 7, 1990 2355 statement from each party to the contract certifying that a copy of the agreement with the specified attachment as required pursuant to this chapter was received. (e) If a resident dies before occupying the facility or, through illness, injury, or incapac ity, is precluded from becoming a resident under the terms of the continuing care agree ment, the agreement is automatically canceled, and the resident or his legal representative shall receive a full refund of all moneys paid to the facility, except those costs specifically incurred by the facility at the request of the resident and set forth in writing in a separate addendum, signed by both parties, to the agreement. (f) In order to comply with this Code section, a provider may furnish information not contained in the continuing care agreement through an addendum. 33-45-8. No act, agreement, or statement of any resident, or of an individual purchasing care for a resident, under any agreement to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the individual purchasing care for the resident. 33-45-9. (a) Each facility shall maintain as public information, available upon request, all annual statements that have been filed with the department. (b) Each facility shall post in a prominent position in the facility so as to be accessible to all residents and to the general public a summary of the latest annual statement, indicat ing in the summary where the full annual statement may be inspected in the facility. A listing of any proposed changes in policies, programs, and services shall also be posted. (c) Before entering into an agreement to furnish continuing care, the provider under taking to furnish the care, or the agent of the provider, shall make full disclosure and pro vide copies to the prospective resident, or his legal representative, of the agreement to fur nish continuing care. 33-45-10. (a) Any person who knowingly maintains, enters into, performs, or, as man ager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any continuing care agreement subject to this chapter withou* a valid certifi cate of authority or renewal thereof, as contemplated by or provided in this chapter, or who otherwise violates any provision of this chapter, is guilty of a misdemeanor. Each violation of this chapter constitutes a separate offense. (b) The department may bring an action to enjoin a violation, threatened violation, or continued violation of this chapter in the superior court of the county in which the violation occurred, is occurring, or is about to occur. (c) Any action brought by the department against a provider shall not abate by reason of a sale or other transfer of ownership of the facility used to provide care, which provider is a party to the action, except with the express written consent of the Commissioner of Insurance. 33-45-11. Any resident injured by a violation of this chapter may bring an action for the recovery of damages plus reasonable attorney's fees. 33-45-12. Any contract or agreement for continuing care executed before July 1, 1991, which is amended or renewed subsequent to July 1, 1991, and any contract or agreement for continuing care executed on or after July 1, 1991, is subject to this chapter." Section 2. This Act shall become effective on January 1, 1991, only for purposes of promulgating rules and forms required thereby. For all other purposes, this Act shall be come effective July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. 2356 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Brannon Burton Clay Collins Deal Dean Echols Edge Egan Engram Fincher Foster Garner Gillis Hammill Howard Huggins McKenzie Newbill Olms tead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Timmons Turner Tysinger Those not voting were Senators: Allgood Bowen Broun Coleman Dawkins English Fuller Harris Johnson Kennedy (presiding) Kidd Land Langford Parker Starr Taylor Walker On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The President resumed the Chair. HB 1391. By Representatives Oliver of the 53rd, Baker of the 51st, Alford of the 57th and Robinson of the 96th: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for minor revisions in the procedure for the appointment of a guardian; to revise extensively the provisions relating to modification or termination of guardianships. 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 Baldwin Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Foster Fuller Garner WEDNESDAY, MARCH 7, 1990 2357 Gillis Hammill Muggins Johnson KKiedndnedy Langford Newbill Olmstead Peevy Perry Phillips PRoalglaanrdof 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh T. Tlaimlemons Turner Tysinger Those not voting were Senators: Allgood Barker Bowen Coleman English Fincher Harris Howard Land McKenzie Parker Shumake Starr Taylor Walker On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1756. By Representatives Smyre of the 92nd, Mangum of the 57th, Lawson of the 9th and Hooks of the 116th: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to pro vide for variations in the program weights; to change certain minimum expendi ture requirements. Senate Sponsor: Senator Barnes of the 33rd. The Senate Committee on Education offered the following substitute to HB 1756: A BILL To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to provide for variations in the pro gram weights; to change certain minimum expenditure requirements; to provide for other matters related to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof a new Code Section 20-2-161 to read as follows: "20-2-161. (a) The instructional program for grades six through eight is declared to be the base program against which the cost of all other instructional programs shall be com pared. The amount of funds needed by each full-time equivalent student in the base pro gram, in order that such program can be sufficiently funded to provide quality basic educa tion to all enrolled students, shall be known as the 'base amount' and shall reflect program components which constitute the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186. The program weights listed in subsection (b) of this Code section were calculated using component costs recommended by the task force ap- 2358 JOURNAL OF THE SENATE pointed pursuant to subsection (f) of this Code section. Such component costs include a total of $1,678.74 for the base amount in Fiscal Year 1991 dollars. This amount shall be adjusted annually thereafter consistent with cost-of-living adjustments granted by the Gen eral Assembly for salaried and nonsalaried components. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories. (b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students en rolled, state authorized instructional programs shall have the following program weights: (1) Kindergarten program ...................................... ..... 1.346 (2) Primary grades program (1-3) ............................... ......... 1.265 (3) Upper elementary grades program (4-5) ...................... ......... 1.020 (4) Middle grades program (6-8) ................................ ......... 1.000 (5) High school general education program (9-12) ................ ......... 1.001 (6) ......... 1.219 (7) ......... 1.336 (8) Program for the handicapped: Category I .................... ......... 2.246 (9) Program for the handicapped: Category II ................... ......... 2.583 (10) Program for the handicapped: Category III ................... ......... 3.265 (11) Program for the handicapped: Category IV ................... ......... 5.236 (12) Program for intellectually gifted students: Category V ......... ......... 1.583 (13) Remedial education program ................................ ......... 1.313 (c) For purposes of calculating the annual allotment of funds to each local school sys tem, the program weights may be carried to as many additional decimal places as needed and may be varied from the weights stated in subsection (b) of this Code section, consistent with cost-of-living adjustments granted by the General Assembly for salaried and nonsalaried components, by not more than IVfe percent. The weights so calculated shall be an nually stated in the General Appropriations Act. (d) The total funds needed for the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section: (1) Multiply the average full-time equivalent program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section; (2) Multiply the product computed in paragraph (1) of this subsection by the base amount as established in the General Appropriations Act; and (3) Add the product computed in paragraph (2) of this subsection to the program ad justment amount for training and experience for the instructional program in accordance with subsection (e) of this Code section. The process and associated components contained within this Code section shall be known as the 'Quality Basic Education Formula.' (e) The State Board of Education shall annually calculate for each instructional pro gram provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated profes sional personnel who were employed by the local school system as of the month of June for the most recent year that these data are available; provided, however, that the amount WEDNESDAY, MARCH 7, 1990 2359 needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. Such additional amount shall be known as 'program adjustment amount for training and experience' and this amount shall be noted in total in the language section of the General Appropriations Act each year. (f) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to ap point a task force every three years for the purposes of reviewing the effectiveness of ex isting program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems." Section 2. Said article is further amended in Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs, by striking paragraphs (1) and (2) of subsection (a) in their entirety and inserting in lieu thereof new paragraphs (1) and (2) of subsection (a) to read as follows: "(1) The State Board of Education shall annually compute, based upon the initial allot ment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the salaries and oper ational costs portions. 'Direct instructional costs' is defined as those components of the pro gram weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in devel oping the program weights. The direct instructional costs for the four instructional pro grams for handicapped students shall be summed into one amount for special education. For each program, each local school system shall spend a minimum of 90 percent of the funds designated for salaries in direct instructional costs for such salaries and a minimum of 90 percent of the funds designated for operational costs in direct instructional costs for such operational costs, except as modified in this paragraph. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 202-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the fulltime equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 90 percent amount for the appropriate portions of the direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated full-time equivalent counts and reduce the 90 percent amount for the appropriate portions of the direct instructional costs of the instructional programs which experienced the lower than anticipated full-time equivalent counts; provided, how ever, that the combined amount of such reductions shall be equal to the combined amount of increases in the 90 percent amounts for programs with greater than anticipated full-time equivalent program counts; provided, further, that the 90 percent amounts for direct in structional costs for any instructional program which experienced a lower than anticipated full-time equivalent count shall not be reduced below the 90 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the fulltime equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for the appropriate portions of the direct instructional costs of that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instruc tional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of 2360 JOURNAL OF THE SENATE an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section. (2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specify ing the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a mini mum of 90 percent of the funds designated for media center salary costs for such salaries and a minimum of 90 percent of the funds designated for media center materials costs for such materials. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the re spective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount re quired by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161." Section 3. Said article is further amended by striking Code Section 20-2-181, relating to the base school sizes reflected in program weights, in its entirety and inserting in lieu thereof a new Code Section 20-2-181 to read as follows: "20-2-181. The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calcu lation of program weights for the middle grades (6-8) program, the special education pro grams, and the remedial education program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general edu cation program and the high school nonvocational and vocational laboratory programs shall reflect a base school size of 970 full-time equivalent students." Section 4. Said article is further amended in Code Section 20-2-182, relating to the payment of salaries and benefits reflected in program weights, by striking subsections (b), (c), and (g) and inserting in lieu thereof new subsections (b), (c), and (g) to read as follows: "(b) The program weights for the kindergarten program, the primary grades program, and the remedial education program shall reflect sufficient funds to provide instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional aides. Further, the base amount and program weights for the upper elementary grades (4-5) program and the middle grades (6-8) program shall reflect the cost of providing teachers with clerical assis tance for a limited portion of each school day, subject to appropriation by the General Assembly." "(c) The program weights for the primary, upper elementary, and middle grades pro grams, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly." "(g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries WEDNESDAY, MARCH 7, 1990 2361 of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when mul tiplied by the base amount, shall also reflect an amount of funds for the purpose of provid ing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropri ation by the General Assembly. Such stipends shall be provided to the individual on a reim bursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participa tion; provided, however, that such limit shall be adjusted annually, consistent with the per centage increase in the salary base determined pursuant to Code Section 20-2-212. No sti pends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may not be used for activities occurring during the period of the fiscal year that an em ployee is under contract. A local school system shall be authorized to expend up to 15 per cent of its initial allotment of funds for providing professional development stipends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that por tion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232." Section 5. Said article is further amended by striking Code Section 20-2-186, relating to the salaries of superintendents, visiting teachers, and certain other personnel reflected in program weights, and inserting in lieu thereof a new Code Section 20-2-186 to read as follows: "20-2-186. All program weights, when multiplied by the base amount, shall reflect suffi cient funds to pay the beginning salaries of a superintendent, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' com pensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multi plied by the base amount, shall reflect sufficient funds to pay the beginning salaries of spe cial education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all pro grams, when multiplied by the base amount, shall reflect sufficient funds to pay the begin ning salaries of school psychologists and psychometrists essential and necessary for the ef fective operation of such programs in a base size local school system." Section 6. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1990. (b) Section 2 of this Act shall become effective on the earlier of the following dates: (1) The date on which funding is provided for the base amount in the Quality Basic Education Formula as specified in subsection (a) of Code Section 20-2-161, as amended by this Act; or (2) July 1, 1992. Section 7. All laws and parts of laws in conflict with this Act are repealed. 2362 JOURNAL OF THE SENATE Senator Phillips of the 9th offered the following amendment: Amend the substitute to HB 1756 offered by the Committee on Education by inserting in line 7 on page 1 between the word and semicolon "weights;" and the word "to" the following: "to provide for midterm adjustments relative to the program adjustment amount for training and experience;". By renumbering Sections 6 and 7 as Sections 7 and 8, respectively, and by adding a new Section 6 to read as follows: "Section 6. Said article is further amended by adding at the end of Code Section 20-2162, relating to midterm adjustments under the 'Quality Basic Education Act,' a new sub section (d) to read as follows: '(d) A midterm adjustment shall be made in the program adjustment amount for train ing and experience authorized pursuant to subsection (d) of Code Section 20-2-161. The adjusted amount shall be based on all certificated professional personnel who were em ployed by the local school system as of the month of June of the fiscal year immediately preceding the fiscal year in which grants authorized by this Code section are distributed.'" Senator Phillips of the 9th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment was withdrawn. Senators Barnes of the 33rd and Foster of the 50th offered the following amendment: Amend the substitute to HB 1756 offered by the Senate Committee on Education by striking the following from line 8 of page 2: "include a total of $1,678.74". By striking the following from line 9 of page 2: "in Fiscal Year 1991 dollars. This amount". By striking the word "thereafter" on line 10 of page 2. By striking the following from lines 27 through 29 of page 3: "The weights so calculated shall be annually stated in the General Appropriations Act." By adding immediately before the period on line 13 of page 12 the following: ", subject to appropriation by the General Assembly". On the adoption of the amendment, the yeas were 39, nays 0, 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 Baldwin Barker Barnes Bowen Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan Engram Fincher Foster Gillis Hammill WEDNESDAY, MARCH 7, 1990 2363 Harris Howard Huggins >hnson, Kennedy Langford McKenzie Newbill Olmstead Parker Peevy Perry TPHh.i-lHl-ips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate mTaylior Timmons Turner Tysinger Walker Those not voting were Senators: Allgood Dawkins English Fuller Garner Scott of 2nd Shumake On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following resolution of the Senate was read and adopted: SR 535. By Senators Gillis of the 20th, Broun of the 46th, Kennedy of the 4th and 53 other Senators: A resolution in memory of Steve Polk. 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 2080. By Representatives Carrell of the 65th and Mobley of the 64th: A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to change the powers and duties of the city manager; to authorize retention of staggered two-year terms of office. HB 2081. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Jamieson of the llth: A bill to amend an Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun coun ties, so as to change the time and manner of electing the mayor and council; to provide for terms. HB 2082. By Representatives Barnett of the 59th and Mobley of the 64th: A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city. 2364 JOURNAL OF THE SENATE HB 2083. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Tolbert of the 58th, Aaron of the 56th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to extend certain limitations on the millage rate levied in certain municipalities. HB 2084. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to amend an Act incorporating the City of Santa Claus in Toombs County and providing a new charter for said city, so as to expand the corporate limits of said city. SB 710. By Senator Tysinger of the 41st: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to change the provisions relating to the expense allowance of the members of the commission; to provide an effective date. 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. SB 760. By Senator Engram of the 34th: A bill to provide for the appointment of the school superintendent of the Fayette County School System and provide for terms and vacancies; to provide for the applicability of laws; to provide for a referendum, effective date, and automatic repeal. SB 761. By Senator Clay of the 37th: A bill to amend an Act reincorporating and creating a new charter for the City of Jefferson in the County of Jackson, as amended, so as to repeal the provisions for emergency approval and adoption of ordinances; to change the provisions and procedures relating to the approval and adoption of ordinances; to provide an effective date. SB 764. By Senator Johnson of the 47th: A bill to amend an Act establishing a public school system in the City of Jeffer son, as amended, so as to provide authority for the Mayor and Council to levy and collect a school tax not greater than 20 mills per dollar for the support and maintenance of education for the public school system in the City of Jefferson, Georgia; to provide an effective date. SB 765. By Senator Harris of the 27th: A bill creating a board of commissioners of Monroe County, as amended, so as to change the compensation of the commissioners; to provide for a referendum; to provide effective dates. WEDNESDAY, MARCH 7, 1990 2365 The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 762. By Senator English of the 21st: A bill to provide for election of the chairman and the members of the board of education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: 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 following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st: A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions. Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Education offered the following substitute to HB 951: A BILL To be entitled an Act to amend Code Section 20-2-168, relating to the minimum school year, so as to provide that each local board of education shall adopt an annual school year of 184 days; to provide for the cancellation of four such days under certain circumstances; 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 20-2-168, relating to the minimum school year, is amended by striking in its entirety paragraph (1) of subsection (c) and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) Except as otherwise provided in this Code section, public elementary and second ary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of in struction in accordance with the provisions of this subsection, and shall define the length of the school day. Each local board of education shall annually adopt a school calendar for the ensuing school year which shall consist of 184 days for students; provided, however, that four of these days shall be available to local school systems for the purpose of reducing the number of days in the student calendar while the school year is in progress as a result of weather conditions, emergency, disaster, act of God, civil disturbance, or shortage of vital or 2366 JOURNAL OF THE SENATE critical material, supplies, or fuel. In the event that a local board does not experience such circumstances which necessitate the cancellation of up to four days, the local board may cancel up to four student days regardless of whether they are needed for the conditions stated in this paragraph. A local board may, when initially setting its calendar for the ensu ing school year, designate the dates of up to four student days which will be canceled for students in the event that excused days are not needed for such extraordinary circum stances. Nothing in this paragraph or in any other law shall be construed to require a local school system to provide more than 180 days for students in a school year." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Bowen Brannon Dean Echols Edge Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy _,.K. i.dd. Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Srijt.umbi aughi Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Allgood Baldwin Coleman Dawkins Egan English Fuller Phillips Scott of 2nd 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. The following bill of the Senate was taken up for the purpose of considering the House action thereon: 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. WEDNESDAY, MARCH 7, 1990 2367 Senator Stumbaugh of the 55th moved that the Senate insist upon the Senate amend ment to the House substitute to SB 434. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Brannon Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan Engram Fincher Foster Gillis Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Newbill Olms tead 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 Those not voting were Senators: Allgood Baldwin Bowen Dawkins English Fuller Garner Hammill Shumake Tate On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to the House substitute to SB 434. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1440. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for the use of writs of fieri facias and other civil remedies to collect delinquent pay ments, fines, costs, and restitution or reparations ordered as a condition of probation. 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 Bowen Brannon Broun Burton Clay Coleman Collins Deal 2368 JOURNAL OF THE SENATE Dean Echols Edge Engram Fmcher I5 Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Stair Timmons Turner Tysinger Walker Those not voting were Senators: Allgood Dawkins Egan English Howard Kennedy Scott of 2nd Shumake Tate On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms. The House substitute to SB 662 was as follows: A BILL To be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that certain medical expenses payable under motor vehicle insurance policies may be subject to benefit levels representing usual, customary, and reasonable charges; to increase the amount of cer tain benefits payable for funeral and burial expenses; to provide that certain coverages shall be made available on a deductible basis; to provide for various deductible amounts; to pro vide that certain deductibles shall not be applicable to a guest passenger; to increase the amount of optional benefits payable without regard to fault which shall be offered by an insurer; to provide that an insurer shall be liable for punitive damages not to exceed a cer tain amount and attorney's fees as the result of the failure or refusal to pay benefits under said chapter; to provide that an insurer shall be subject to sanctions imposed by the Com missioner of Insurance as the result of such insurer's failure or refusal to pay benefits under said chapter; to authorize the coordination of benefits when payable under more than one policy of insurance; to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms; to provide exceptions; to require insurers to maintain as a part of a rating plan a separate tier of such plan for coverages provided to persons who are WEDNESDAY, MARCH 7, 1990 2369 good drivers; to provide for reductions in premiums under certain conditions; to require the Commissioner to provide by rule for the efficient settlement of property damage claims under motor vehicle insurance policies; to provide an effective date; to provide for the exam ination of rating plans by insurers and for the reduction of rates on and after a certain date; to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured mo torists, so as to provide that in cases of an unknown person operating a motor vehicle, phys ical contact shall not be required where a named defendant contends or testifies that such unknown person caused or contributed to the cause of the occurrence and in the trial of the case such contention or testimony is corroborated by an eyewitness; to provide for related matters; to provide a short title; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the "Consumer Auto Insurance Affordability Act of 1990." Section 2. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in its place a new paragraph (2) of subsection (a) to read as follows: "(2) The coverage for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, shall be written upon the policy form with an exclusion of the first $250.00 of such loss or damage to any insured in any one accident and may be subject to differing levels of deductibles at the request of the policyholder in amounts of $100.00, $500.00, and $1,000.00." Section 3. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code Sec tion 33-34-4, relating to minimum required motor vehicle insurance coverages, and inserting in its place a new Code Section 33-34-4 to read as follows: "33-34-4. (a) No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has insurance on the vehicle providing the following minimum coverage: (1) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state; (2) Compensation to insured injured persons without regard to fault up to an aggregate minimum limit of $5,000.00 per insured injured person for: (A) All necessary medical expenses, not to exceed $2,500.00, arising from a motor vehi cle accident, including necessary medicine, drugs, and surgical, dental, X-ray, and rehabili tative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services as prescribed, authorized, approved, or rendered by an attending physician, includ ing any person licensed to practice a healing art and any remedial treatment and care ren dered in accordance with a recognized religious healing method. Any nonemergency ex penses may be subject to benefit levels which represent usual, customary, and reasonable charges to be determined in substantially the same manner as determined by insurers for accident and sickness coverages; (B) Eighty-five percent of the loss of income or earnings of the insured during disability with a maximum benefit of $200.00 per week or, in the event the insured is the sole share holder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability with a maximum benefit of $200.00 per week; (C) Expenses, not to exceed $20.00 per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of 2370 JOURNAL OF THE SENATE the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have performed not for income but for the benefit of his or her house hold; and (D) Funeral services and burial expenses not to exceed $3,000.00 per person. (b) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of this Code section shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survi vor's benefits shall be payable at least monthly until exhausted. (c) The total benefits required to be paid under this Code section without regard to fault as the result of any one accident shall not exceed the sum of $5,000.00 per each indi vidual covered as an insured person or such greater amount of coverage as has been pur chased on an optional basis as provided in Code Section 33-34-5, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage. (d) An insurer shall make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section and (a)(l)(A) and (a)(l)(B) of Code Section 33-34-5 available on a deductible basis in amounts of $100.00, $250.00, $500.00, $1,000.00, and $1,500.00 at the option of the named insured and at a reduced price. Such a deductible shall not, however, apply to compensation to a pedestrian, to compensation to a guest passenger, or to compen sation to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and permanent paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy." Section 4. Said chapter is further amended by striking subsection (a) of Code Section 33-34-5, relating to optional motor vehicle insurance coverages, and inserting in its place a new subsection (a) to read as follows: "(a) Each insurer shall also make available on an optional basis the following coverage: (1) An aggregate limit of benefits payable without regard to fault up to $100,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of subsection (a) of Code Section 33-34-4: (A) Any expenses of the type described in subparagraph (a) (2) (A) of Code Section 3334-4; (B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the profes sional corporation during the period of the insured "s disability; (C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and (D) Funeral services and burial expenses not to exceed $3,500.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse WEDNESDAY, MARCH 7, 1990 2371 or children as though awarded as a year's support for the spouse or children, or both. Survi vor's benefits shall be payable at least monthly until exhausted; (3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehicle, provided that benefits payable under this paragraph shall be written upon the policy form with a $250.00 deductible and may be subject to differing levels of deductibles at the request of the policyholder in amounts of $500.00 and $1,000.00." Section 5. Said chapter is further amended by striking subsection (c) of Code Section 33-34-6, relating to the payment of benefits by insurers and proceedings upon the failure or refusal to pay such benefits, and inserting in its place a new subsection (c) to read as follows: "(c) In the event that an insurer fails or refuses to pay a person the benefits which the person is entitled to under this chapter within 60 days after proper proof of loss has been filed, the person may bring an action to recover the benefits; and, if the insurer fails to prove that its failure or refusal to pay the benefits was in good faith, the insurer shall be subject to punitive damages not to exceed three times the amount due or $25,000.00, which ever is the greater amount, and reasonable attorney's fees. The Commissioner shall be given notice of such actions by an insurer. The Commissioner shall take appropriate action against such insurer as for a violation of Chapter 6 of this title, including the assessment of fines, suspension or revocation of a certificate of authority, or such other action as is appro priate in the case." Section 6. Said chapter is further amended by striking Code Section 33-34-8, relating to the reduction or elimination of benefits under said chapter where the injured person is enti tled to receive workers' compensation benefits, in its entirety and inserting in its place a new Code Section 33-34-8 to read as follows: "33-34-8. (a) The benefits payable under this chapter shall not be reduced or eliminated by any workers' compensation benefits, except as provided in subsections (b) and (c) of this Code section. (b) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensa tion law. (c) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earn ings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability or an amount which is equal to the amount the person is entitled to receive as compensation for the loss under any workers' compensation law plus the limits of the coverage under any applicable policy of motor vehi cle insurance or under any program of self-insurance providing such benefits, whichever is less. (d) The benefits provided under a policy of motor vehicle insurance which are payable without regard to fault for expenses described in subparagraph (a)(2)(A) or subparagraph 2372 JOURNAL OF THE SENATE (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(l)(A) or subparagraph (a)(l)(B) of Code Section 33-34-5 shall be primary for accidental bodily injury or disability with respect to similar benefits under other insurance policies except policies providing coverage for workers' compensation benefits. Benefits payable for the expenses described in subpara graph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(l)(A) or subparagraph (a)(l)(B) of Code Section 33-34-5 under a group or blanket policy of accident and sickness insurance, or a disability group policy may be reduced or elimi nated to the extent that an insured injured person is entitled to receive compensation for such expenses under a policy of motor vehicle insurance. (e) For purposes of ranking the order of benefits payments in cases of more than one applicable policy, the order of payment shall be as follows: (1) Motor vehicle insurance; (2) Group or blanket accident and sickness insurance; and (3) Group disability insurance. (f) No person shall recover for economic loss from the sources specified in subsections (d) and (e) of this Code section a total amount which exceeds the amount of economic loss. (g) Medical payment benefits and uninsured motorists' benefits payable under cover ages in motor vehicle insurance policies shall be excess over any benefits required by this chapter. (h) This Code section shall not apply to individual accident and sickness policies or individual disability policies." Section 7. Said chapter is further amended by adding at the end thereof three new Code sections, to be designated Code Sections 33-34-18, 33-34-19, and 33-34-20, to read as follows: "33-34-18. (a) For each personal or family-type policy of motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after July 1, 1990, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, bodily injury, and colli sion coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver: (1) Is unmarried; (2) Is enrolled as a full-time student in: (A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; and (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll.' (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in subsec- WEDNESDAY, MARCH 7, 1990 2373 tion (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have com mitted a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from. 33-34-19. (a) (1) As used in this Code section, the term 'good driver' means a person who, for the three years immediately preceding the date of an application for private pas senger motor vehicle insurance or any renewal of such insurance, has held a valid driver's license, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle or has successfully completed a defensive driving course as provided in Code Section 33-34-16, and has had no claims based on the insured's fault. (2) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages pro vided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. Where applicable, the requirements of this paragraph may be satisfied by the maintenance of interrelated rating plans between affiliated insurers, so long as insureds who are good drivers receive placement in the rating plan of the insurer which corresponds to the separate good driver tier. (b) Each insurer providing coverages under this chapter shall maintain as a part of its rating plan reductions in premiums for statistically recognized cost reductions associated with risks. Reductions in premiums shall be given for, but are not limited to, the following: (1) Package policies or multiple vehicle coverages; (2) Group policies, if available; (3) Antitheft devices; (4) Improved vehicle safety equipment; (5) Good driver discount; and (6) Deductibles. 33-34-20. The Commissioner shall provide by rule procedures for the expeditious and efficient settlement of property damage claims under private passenger motor vehicle poli cies. Such procedures may include but shall not be limited to: (1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market values on total losses; (4) Use of aftermarket parts; and (5) Time limitations for payments." Section 8. This Act shall become effective on October 1, 1990, and shall apply to poli cies issued on or after such date. After this Act becomes law upon the approval of the Gov ernor or becomes law without such approval, insurers providing coverages under Chapters 7 and 34 of Title 33 of the Official Code of Georgia Annotated shall examine existing rating 2374 JOURNAL OF THE SENATE plans under said chapter regarding the effects of this Act and other enactments of the 1990 regular session of the General Assembly and may file changes to such plans to effectuate the provisions of such Acts. The Commissioner shall reduce by 10 percent on the effective date of this Act all rating plans for which no filing is received. Any rating plan filed prior to October 1, 1990, which does not contain at least a 10 percent reduction shall be subject to independent examination in the manner provided in Code Section 33-9-21 of the Official Code of Georgia Annotated as if an increase had been filed. Section 9. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured motorists, is amended by striking paragraph (2) of subsection (b) of said Code section and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provisions shall be subject to the conditions set forth in subsections (c) through (j) of this Code section and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is un known, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. Such physical contact shall not be required if the description by the claimant of how the occurrence oc curred is corroborated by an eyewitness to the occurrence other than the claimant. Such physical contact shall not be required in any action where a named defendant contends or testifies that an unknown person operating a motor vehicle caused or contributed to the cause of the occurrence and in the trial of the case such contention or testimony is corrobo rated by any eyewitness to the occurrence." Section 10. All laws and parts of laws in conflict with this Act are repealed. Senator Howard of the 42nd moved that the Senate disagree to the House substitute to SB 662. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 662. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 750. By Senator Stumbaugh of the 55th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits. The House substitute to SB 750 was as follows: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits; to provide for applicability to certain societies, corporations, plans, orga nizations, and entities; to provide that certain group or blanket accident and sickness insur ance policies or contracts may contain such benefits and coverages as may be agreed upon between the group policyholder and its insurer; to provide exceptions; to provide for termi nation; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 7, 1990 2375 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Code Section 33-29-3.1 a new Code section to read as follows: "33-29-3.2. (a) As used in this Code section, the term: (1) 'Mammogram' means any radiological examination of the breast for purposes of de tecting breast cancer when performed as a result of a physician referral or by a health test ing service which utilizes radiological equipment approved by the Department of Human Resources, which examination may be made with the following minimum frequency: (A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age; (B) Once every two years for any female who is at least 40 but less than 50 years of age; (C) Once every year for any female who is at least 50 years of age; and (D) When recommended by a physician for a female, without regard to age, where needed for diagnostic purposes or when she, her mother, or her sister has had a prior history of breast cancer. (2) 'Pap smear' or 'Papanicolaou smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recom mendation of a physician, which examination may be made once a year or more often if recommended by a physician. (3) 'Policy' means any benefit plan, contract, or policy except a disability income, speci fied disease, medicare supplement, or hospital indemnity policy. (b) Every insurer authorized to issue an individual accident and sickness insurance pol icy in this state which includes coverage for any female shall be required to make available, either as a part of each such policy or as an optional endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1990, coverage for mammograms and Pap smears for the covered females. (c) The optional coverage required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to cover ages, deductibles, or coinsurance provisions which apply to that coverage unless such provi sions apply generally to other similar benefits provided or paid for under the accident and sickness insurance policy. (d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness insurance policies which provide benefits greater than those required by subsections (b) and (c) of this Code section or more favorable to the insured than those required by subsections (b) and (c) of this Code section. (e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corpora tion, a nonprofit medical service corporation, a health care plan, a health maintenance or ganization, or any similar entity." Section 2. Said title is further amended by adding after Code Section 33-30-4.1 a new Code section to read as follows: "33-30-4.2. (a) As used in this Code section, the term: (1) 'Mammogram' means any radiological examination of the breast for purposes of de tecting breast cancer when performed as a result of a physician referral or by a health test ing service which utilizes radiological equipment approved by the Department of Human Resources, which examination may be made with the following minimum frequency: (A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age; (B) Once every two years for any female who is at least 40 but less than 50 years of age; 2376 JOURNAL OF THE SENATE (C) Once every year for any female who is at least 50 years of age; and (D) When recommended by a physician for a female, without regard to age, where needed for diagnostic purposes or when she, her mother, or her sister has had a prior history of breast cancer. (2) 'Pap smear' or 'Papanicolaou smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recom mendation of a physician, which examination may be made once a year or more often if recommended by a physician. (3) 'Policy' means any benefit plan, contract, or policy except a disability income, speci fied disease, medicare supplement, or hospital indemnity policy. (b) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage for any female shall be required to make available, either as a part of each such policy or as an optional endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1990, coverage for mammograms and Pap smears for the covered females. (c) The optional coverage required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to cover ages, deductibles, or coinsurance provisions which apply to that coverage unless such provi sions apply generally to other similar benefits provided or paid for under the accident and sickness insurance policy. (d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness insurance policies which provide benefits greater than those required by subsections (b) and (c) of this Code section or more favorable to the insured than those required by subsections (b) and (c) of this Code section. (e) The provisions of this Code section shall apply to group accident and sickness insur ance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organiza tion, or any similar entity." Section 3. Said title is further amended by adding at the end of Article 1 of Chapter 30, relating to group or blanket accident and sickness insurance, a new Code section, to be designated Code Section 33-30-12, to read as follows: "33-30-12. (a) As used in this Code section, the term 'insurer' means any insurer or nonprofit organization authorized to sell accident and sickness insurance policies, subscriber contracts, certificates, or agreements of any form under Chapters 15,18,19, 20, 21, and 30 of this title. (b) Notwithstanding any other provisions of this title and except as provided in subsec tions (c) and (d) of this Code section, from and after July 1, 1990, any insurer authorized to transact insurance in this state shall be authorized to enter into policies or contracts of group or blanket accident and sickness insurance with any person to provide only such ben efits and coverages for services as may be mutually agreed upon between the group policyholder and such insurer. (c) The provisions of subsection (b) of this Code section shall not be applicable to the insurance coverages provided in Code Section 33-24-21, relating to the termination of group coverage of a spouse and conversion rights; Code Section 33-24-22, relating to coverage for newly born or adopted children; Code Section 33-24-24, relating to coverage for complica tions of pregnancy; Code Section 33-24-28, relating to the termination of coverage of depen dent children under certain circumstances; paragraph (4) of Code Section 33-30-4, relating to the continuation of coverage of dependent children; and paragraph (8) of subsection (b) of Code Section 33-30-6, relating to the continuation of coverage of dependent children. The provisions of subsection (b) of this Code section shall not be construed to repeal or impair the provisions of Code Section 33-24-27 or Code Section 33-24-27.1 or any provision of this title which mandates the offering of specific insurance benefits or coverages. WEDNESDAY, MARCH 7, 1990 2377 (d) The provisions of subsection (b) of this Code section shall apply only to policies of group accident and sickness insurance which cover insured groups of 25 lives or less, exclu sive of dependents, or which cover subgroups, within an insured group, of 25 lives or less, exclusive of dependents." Section 4. The provisions of Code Section 33-30-12 shall be repealed in their entirety on July 1, 1993, unless insurers shall provide proof that such agreements have resulted in the lowering of premiums and proof that coverage has been provided for additional employees under such agreements. Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Stumbaugh of the 55th moved that the Senate disagree to the House substitute to SB 750. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 750. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 744. By Representative Groover of the 99th: A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of said chapter. Senator Johnson of the 47th moved that the Senate adhere to the Senate substitute to HB 744, and that a Conference Committee be appointed. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 744. The President appointed as a Conference Committee on the part of the Senate the following: Senators Johnson of the 47th, Deal of the 49th and Howard of the 42nd. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 248. By Senator Barnes of the 33rd: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' li censes, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees. The House amendment was as follows: Amend SB 248 by inserting on line 8 of page 1 after the word and symbol "fees;" the following: "to amend Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, so as to authorize the issuance of such identification cards to a person whether or not they possess a driver's license;". 2378 JOURNAL OF THE SENATE By inserting between lines 6 and 7 of page 3 the following: "Section 2. Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-100, relating to the authorization of the department to issue such cards, and inserting in lieu thereof the following: '(a) The Department of Public Safety shall issue personal identification cards to all persons who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Sec tion 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified.' " By redesignating Section 2 as Section 3. Senator Barnes of the 33rd moved that the Senate agree to the House amendment to SB 248. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan Engram Fincher Foster Garner Gillis Hammill Harris Huggins Kennedy 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 Walker Those not voting were Senators: Baldwin Brannon Dawkins English Fuller Howard Johnson Scott of 2nd Shumake Taylor Tysinger WEDNESDAY, MARCH 7, 1990 2379 On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 248. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: 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. Senate Sponsor: Senator Walker of the 43rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster 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 Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Brannon English Fuller Ragan of 10th Stumbaugh Tate On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 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- 2380 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Fincher of the 54th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the 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 Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford McKenzie Voting in the negative was Senator Peevy. Those not voting were Senators: Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Timmons Turner Tysinger Walker Brannon English Fuller Parker Scott of 2nd Tate Taylor On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed. The President announced that the Senate would stand in recess from 12:35 o'clock P.M. until 2:00 o'clock P.M. At 2:00 o'clock P.M., the President called the Senate to order. WEDNESDAY, MARCH 7, 1990 2381 The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House: 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. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 335. By Senator Tate of the 38th: A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds. The following bills of the House were read the first time and referred to committee: HB 2080. By Representative Carrell of the 65th and Mobley of the 64th: A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to change the powers and duties of the city manager; to authorize retention of staggered two-year terms of office. Referred to Committee on Urban and County Affairs. HB 2081. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Jamieson of the llth: A bill to amend an Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun Coun ties, so as to change the time and manner of electing the mayor and council; to provide for terms. Referred to Committee on Urban and County Affairs. HB 2082. By Representative Barnett of the 59th: A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 2083. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to extend certain limitations on the millage rate levied in certain municipalities. Referred to Committee on Urban and County Affairs. 2382 JOURNAL OF THE SENATE HB 2084. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to amend an Act incorporating the City of Santa Claus in Toombs County and providing a new charter for said city, so as to expand the corporate limits of said city. Referred to Committee on Urban and County Affairs. The following resolution of the Senate was read and adopted: SR 540. By Senator Johnson of the 47th: A resolution commending and recognizing Mr. Herbert D. Garrison, Sr., of Banks County. The following general bills and resolutions of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th and others: A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any per son holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances. Senate Sponsor: Senator Edge of the 28th. The Senate Committee on Special Judiciary offered the following amendment: Amend HB 402 by striking from lines 21 and 22 of page 1 the following: "unless such person completes a 12 month period of driving without committing any", and inserting in lieu thereof the following: "for a period of 12 months following the date of conviction of any". On the adoption of the amendment, the yeas were 29, 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: Baldwin Barnes Brannon B^011 CD~ oa,lwliknisns Dean Edge English Engram Foster Fuller Garner Howard JH,ouh, gBngSsionns Kennedy Kidd Newbill Olmstead Parker Phillips Pollard Ragan of 10th S0Sh,coutmt aok.fe2nd Starr Taylor Tysinger Walker WEDNESDAY, MARCH 7, 1990 2383 Those not voting were Senators: Albert Allgood Barker BCoroolweuemnnan Deal Echols Egan Fincher Gillis Hammill TLHaanrrd,is Langford McKenzie Peevy Perry Ragan of 32nd Ray SSo*tcuomttbi_oafug3h6v.th Tate Timmons Turner On the passage of the bill, the yeas were 31, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HR 809. By Representative Heard of the 43rd: A resolution directing the State Health Planning Agency to make certain studies and reports. Senate Sponsors: Senators Edge of the 28th and Clay of the 37th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Brannon ^urton rCC^oomllleimn=sarn, Dawkins Dean Edge English Engram Fincher Foster Garner Howard HJouhgng"sionns Kennedy Kidd Newbill Olmstead Those not voting were Senators: Parker Peevy Pollard Ragan of loth Ragan of 32nd Scott of 2nd Shumake Starr Taylor Tysinger Walker Allgood Barker 5BT-.roowu,enn Echols Egan Fuller Gillis Hammill TLHaanrrd,is Langford McKenzie Perry Phillips Ray SS,-,,tcuomttb, oafug3h6, th Tate Timmons Turner On the adoption of the resolution, the yeas were 34, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 2384 JOURNAL OF THE SENATE HB 516. By Representative Hamilton of the 124th: A bill to amend Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, so as to provide for a tangible savings award to be granted under certain circumstances. 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 Burton Clay Coleman Collins Dawkins Deal Dean Edge English Engrain Fincher Foster Fuller Howard Huggins Johnson Kennedy Kidd Newbill Olmstead Parker Peevy Phillips Pollard n , %*> oti **& of Scott of 2nd Taylor Tysinger Walker Those not voting were Senators: Allgood Bowen Broun Echols Egan Garner Gillis Hammill Harris Land Langford McKenzie Perry Ray Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner On the passage of the bill, the yeas were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 763. By Representatives Buck of the 95th and Mangum of the 57th: Senate Sponsor: Senator Broun of the 46th. A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assem bly shall be authorized by general law to provide for an education trust fund to assist stu dents and parents of students in financing postsecondary education; to provide for advance payment of tuition contracts; to provide for implementation authority; to provide for the guarantee of such contracts; 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 VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows: "(c) The General Assembly shall be authorized by general law to provide for an educa- WEDNESDAY, MARCH 7, 1990 2385 tion trust fund to assist students and parents of students in financing postsecondary educa tion and to provide for contracts between the fund and purchasers for the advance payment of tuition by each purchaser for a qualified beneficiary to attend a state institution of higher education. Such general law shall provide for such terms, conditions, and limitations as the General Assembly shall deem necessary for the implementation of this subparagraph. Not withstanding any provision of this Constitution to the contrary, the General Assembly shall be authorized to provide for the guarantee of such contracts with state revenues." 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 by general law to provide for an education trust fund to assist students and parents of students in financing postsecondary education and to authorize that advance payment of tuition contracts may be guaranteed with state revenues?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was 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 Barker Barnes Brannon Broun English Fincher Foster Fuller Garner urton rClollLemTMan Collins Dawkins Deal Dean Echols Edge Gillis Howard Huggms Johnson Kennedy Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th RagBan of 32nd Scott of 2nd Scott of 36th Starr Turner Tysinger Walker Those not voting were Senators: Allgood Baldwin BE owen Engram Hammill Harris Kidd TLangf,ord, McKenzie Ray Shumake Stumbaugh ,,Tate Taylor Timmons On the adoption of the resolution, the yeas were 40, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. 2386 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Fincher of the 54th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barker Barnes Brannon 5roun Cj)oeaejman Dean Echols Edge English Engram Fincher Fuller Garner Gillis Howard Johnson Kennedy Land McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 32nd Scott of 2nd Scott of 36th Turner Tysinger Walker Those not voting were Senators: Allgood Baldwin owen Dawkins Egan Foster Hammill Harris Kidd TLangf,.ord, Phillips Ragan of 10th Shumake Starr Stumbaugh rTr,ate Taylor Timmons On the passage of the bill, the yeas were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Dawkins of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, MARCH 7, 1990 2387 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Brannon *BIuortmon English Engram Foster Fuller gHaarrnri.esr COST Dawkins Dean Echols Edge Egan SS Kennedy Land Newbill Parker Peevy Perry Phillips Pollard Ragan of loth R^agan of 32nd Scott of 2nd Scott of 36th Starr Turner Tysinger Walker Those not voting were Senators: Allgood Barker Bowen Clay Deal Fincher Gillis Hammill Howard Kidd Langford McKenzie Olmstead Shumake Stumbaugh Tate Taylor Timmons On the passage of the bill, the yeas were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1427. By Representatives Richardson of the 52nd, Thomas of the 31st, Sinkfield of the 37th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual and group accident and sickness insur ance coverage of mammograms and Pap smears. Senate Sponsors: Senators Stumbaugh of the 55th and Baldwin of the 29th. The Senate Committee on Insurance offered the following amendment: Amend HB 1427 by inserting between "policy" and the period on line 18 of page 2 the following: "except a disability income policy, specified disease policy, or hospital indemnity policy". By inserting between "policy" and the period on line 15 of page 4 the following: "except a disability income policy, specified disease policy, or hospital indemnity policy". On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 2388 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Baldwin Barnes Brannon Burton Clay Collins Dawkins Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Tate Taylor Turner Tysinger Walker Voting in the negative were Senators Broun and Starr. Those not voting were Senators: Allgood Barker Bowen Coleman Deal Langford McKenzie Scott of 2nd Stumbaugh Timmons On the passage of the bill, the yeas were 44, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. HB 1612. By Representatives Godbee of the 110th, Coleman of the 118th and Royal of the 144th: A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax. Senate Sponsor: Senator Gillis of the 20th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Barnes Broun Burton Clay Collins Dawkins Dean Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd WEDNESDAY, MARCH 7, 1990 2389 Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Allgood Baldwin Barker Bowen Brannon Coleman Deal Echols Langford McKenzie Timmons On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. 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 Barnes Broun Bur*on Clay CCD_. ooe.all.ehl.mnsan Dean Echols Edge Egan English Engram Foster Fuller Garner Gillis Hammill H,,HHouarwgrgiasirnds, Johnson Kennedy Kidd Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd j^ay o?cQ-c,hou,tm*,,t,,ano.krreqdcotthu &tarr Tate Taylor Turner Tysinger Walker Voting in the negative were Senators Dawkins and Peevy. Those not voting were Senators: Allgood Baldwin Fincher Land Bowen Brannon Langford McKenzie Parker Scott of 2nd Stumbaugh Timmons On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed. 2390 JOURNAL OF THE SENATE HB 1939. By Representatives Barnett of the 10th, Murphy of the 18th, Childers of the 15th and Parham of the 105th: A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide additional conditions for revocation of certificates of need or authority to operate. Senate Sponsor: Senator Howard of the 42nd. Senator Parker of the 15th offered the following amendment: Amend HB 1939 by inserting between lines 6 and 7 of page 1 the following: "amend Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to re quirements for permits to operate facilities, so as to provide that nursing homes shall notify residents and residents' representatives of certain violations of rules and regulations; to". By inserting between lines 18 and 19 of page 2 the following: "Section 2. Code Section 31-7-3, relating to requirements for permits to operate institu tions, is amended by adding 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 and residents' representatives advising them of any violations by the facility which may result in decertification or loss of licensure by the facility. The notices shall include, but not be limited to, posted notices which shall remain in place until the department directs that they may be removed after the department has determined that compliance has been achieved.'" By redesignating Sections 2 and 3 as Sections 3 and 4. Senator Parker of the 15th 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: Albert Baldwin Barker Barnes Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Foster Fuller 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 Turner Tysinger Walker WEDNESDAY, MARCH 7, 1990 2391 Those not voting were Senators: Allgood Bowen Brannon Fincher Land Langford Shumake Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 847. By Representative Connell of the 87th: A resolution to amend a resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, so as to restate the authorized purposes of such estate for years or usufruct. Senate Sponsor: Senator Albert of the 23rd. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan English Engram Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Walker Those not voting were Senators: Allgood Bowen Brannon Clay Edge Fincher Garner Langford McKenzie Shumake Tysinger On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 1827. By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd: A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide require ments for urinals. Senate Sponsor: Senator Edge of the 28th. 2392 JOURNAL OF THE SENATE The Senate Committee on Industry and Labor offered the following substitute to HB 1827: A BILL To be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals; to define certain terms; to change certain exceptions from such requirements; to provide for applicability of such requirements to residential and commercial buildings; to provide for local enforcement as a condition of eligibility to receive certain loans, grants, or permits; to provide that such requirements shall not be construed as prohibiting local gov ernments from adopting ordinances which provide stricter requirements; to provide for leg islative findings and purpose; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, is amended by striking Code Section 8-2-1, relating to requirements for toilets, shower heads, and faucets, in its entirety and inserting new Code Sections 8-2-1, 8-2-2, and 8-2-3 to read as follows: "8-2-1. The General Assembly finds that an adequate supply of clean drinking water is a precious and essential resource upon which life depends. The General Assembly further finds that the average annual per capita consumption of potable water due to indoor waterusing activities in the United States exceeds 18,000 gallons and that the demand for clean water supplies continues to increase despite the limitations of availability and affordability of such supplies. The General Assembly further finds that technology is available to improve the efficiency of plumbing products. 8-2-2. The purposes of this part are as follows: (1) To promote greater efficiency in residential and commercial water use and preserve the natural resources of this state; (2) To reduce consumer water and energy costs by reducing indoor water use, reducing the need for new water supplies and treatment facilities, lowering operation and mainte nance costs for water and sewer utilities, and reducing the amount of energy used to heat, treat, and transport water; and (3) To generate consumer awareness of the need to save water and of the savings that can result from the use of efficient plumbing products. 8-2-3. (a) As used in this Code section, the term: (1) 'Commercial' means any type of building other than residential. (2) 'Construction' means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addi tion to an existing building and shall include the replacement of a malfunctioning, unser viceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building. (3) 'Residential' means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel. (b) After July 1, 1991, there shall not be initiated within this state the construction of any residential building of any type which: (1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992; (2) Employs a shower head that allows a flow of more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure; WEDNESDAY, MARCH 7, 1990 2393 (3) Employs a urinal that uses more than an average of 1.0 gallon of water per flush; (4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or (5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute. (c) On and after July 1,1992, there shall not be initiated within this state the construc tion of any commercial building of any type which does not meet the requirements of paragraphs (1) through (5) of subsection (b) of this Code section. (d) The requirements of subsection (b) of this Code section shall apply to any residen tial construction initiated after July 1, 1991, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both. (e) Counties and municipalities are authorized and directed to provide by ordinance for an exemption to the requirements of subsections (b), (c), and (d) of this Code section, rela tive to new construction and to the repair or renovation of an existing building, under the following conditions: (1) When the repair or renovation of the existing building does not include the replace ment of the plumbing or sewage system servicing toilets, faucets, or shower heads within such existing building; (2) When such plumbing or sewage system within such existing building, because of its capacity, design, or installation, would not function properly if the toilets, faucets, or shower heads required by this part were installed; (3) When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or (4) When units to be installed are: (A) Specifically designed for use by the handicapped; (B) Specifically designed to withstand unusual abuse or installation in a penal institu tion; or (C) Toilets for juveniles. (f) The ordinances adopted by counties and municipalities pursuant to subsection (e) of this Code section shall provide procedures and requirements to apply for the exemption authorized by said subsection. (g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to July 1, 1991, and shall not apply to any con struction of a commercial building the contract for which was entered into prior to July 1, 1992. (h) Any person who installs any toilet, faucet, urinal, or shower head in violation of this Code section shall be guilty of a misdemeanor. (i) Before July 1, 1991, a city, county, or authority shall adopt and enforce the provi sions of this Code section in order to be eligible to receive any of the following grants, loans, or permits: (1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; (2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority; or (3) A new or amended permit for the withdrawal of water from a surface-water or ground-water source. 2394 JOURNAL OF THE SENATE (j) The provisions of this Code section shall not be construed to prohibit counties or municipalities from adopting and enforcing local ordinances which provide requirements which are more stringent than the requirements of this Code section." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Broun Burton Engrain Foster Fuller Hammill Howard CCoollleimnsan Dawkins Deal Dean Echols Edge Egan JKoehnnnseodny Kidd Land Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd S,, cScootttt oo,ff 32,,,,6ndt,h btarr Stumbaugh Taylor Turner Tysinger Walker Those not voting were Senators: Allgood Barker Bowen Brannon English Fincher Garner Gillis Harris Langford McKenzie Olmstead Shumake Tate Timmons On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election. WEDNESDAY, MARCH 7, 1990 2395 The House has disagreed to the Senate amendment to the following bill of the House: HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd: A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof. The House insists on its position in amending the Senate amendment, 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 1554. By Representatives Clark of the 20th and Jackson of the 9th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige licenses plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941. The Speaker has appointed on the part of the House, Representatives Clark of the 20th, Jackson of the 9th and Barnett of the 10th. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 357. By Senator Johnson of the 47th: A bill to amend an Act placing the sheriff of Hart County upon an annual salary, as amended, so as to change certain provisions relating to the compensation of the sheriff; to provide an effective date. SB 358. By Senator Johnson of the 47th: A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide an effective date. SB 359. By Senator Johnson of the 47th: A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date. SB 500. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th: 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. 2396 JOURNAL OF THE SENATE The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 462. By Senators Edge of the 28th, Baldwin of the 29th and Peevy of the 48th: A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption pro ceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effec tive date. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1523. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Geor gia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges. Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Judiciary offered the following substitute to HB 1523: A BILL To be entitled an Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new Code Section 15-6-4.1 to read as follows: "15-6-4.1. Superior court judges shall be elected as provided in this chapter and in Chapter 2 of Title 21." Section 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by adding a new Code Section 21-2-138.1 to read as follows: "21-2-138.1. Superior court judges shall be elected as provided in this chapter and in Chapter 6 of Title 15." Section 3. This Act shall become effective on June 1, 1990. Section 4. All laws and parts of laws in conflict with this Act are repealed. Senators Parker of the 15th and Tate of the 38th offered the following amendment: Amend the substitute to HB 1523 offered by the Senate Judiciary Committee by adding on line 6 of page 1 between the first semicolon and the word "to" the following: "to provide for an additional judge of the Superior Court of the Atlanta Judicial Circuit;". By adding between lines 15 and 16 on page 1 a new Section 1A to read as follows: "Section 1A. Said chapter is further amended by striking in its entirety paragraph (3) WEDNESDAY, MARCH 7, 1990 2397 of Code Section 15-6-2, relating to the number of superior court judges for each of the judi cial circuits, and inserting in lieu thereof a new paragraph (3) to read as follows: '(3) Atlanta Circuit. ......................... .14' " By adding between lines 22 and 23 on page 1 a new Section 2A to read as follows: "Section 2A. The additional judge appointed by this Act shall be appointed by the Governor for a term beginning July 1, 1990, and expiring December 31, 1992, and until a successor is elected and qualified." 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: English Fincher Fuller Hammill Howard Huggins Parker Scott of 2nd Scott of 36th Shumake Tate Walker Those voting in the negative were Senators: Albert Baldwin Barker Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Engram Foster Garner Gillis Harris Johnson Kidd Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Taylor Timmons Turner Tysinger Those not voting were Senators: Allgood (excused) Barnes Brannon Kennedy (excused) Land Phillips Starr (excused) Stumbaugh On the adoption of the amendment, the yeas were 12, nays 36, and the amendment was lost. On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge 2398 JOURNAL OF THE SENATE Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Muggins Kidd Langford McKenzie Newbill Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Tate Taylor Timmons Turner Tysinger Those voting in the negative were Senators: Parker Shumake Walker Those not voting were Senators: Allgood (excused) Brannon Johnson Kennedy (excused) Land Olmstead Starr (excused) Stumbaugh On the passage of the bill, the yeas were 45, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: HB 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. The House amendment was as follows: Amend the Senate substitute to HB 1316 by striking lines 15 through 20 on page 3 and substituting in lieu thereof the following: "means; provided, however, that reasonable use of traditional forms of discipline, in cluding but not limited to ordinary spanking and paddling, shall not be deemed to be child abuse;". Senator Baldwin of the 29th moved that the Senate disagree to the House amendment to the Senate substitute to HB 1316. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Bowen Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Garner Gillis Hammill Harris Huggins WEDNESDAY, MARCH 7, 1990 2399 Johnson Kidd Langford McKenzie Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Allgood (excused) games Brannon Broun Coleman English Fuller Howard Kennedy (excused) Land Olmstead Ragan of 32nd Starr (excused) Timmons On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1316. Senator Shumake of the 39th moved that the following bill of the House, having been read the third time and placed on the Table on February 28, be taken from the Table: HB 1423. By Representative Thomas of the 31st: A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Bowen Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Parker Perry Pollard Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Tysinger Walker Those not voting were Senators: Allgood (excused) Barker BBrroanunnon Coleman English Garner Kennedy (excused) OPelemvsytead Phillips Ragan of 10th Ragan of 32nd gtarr (excused) rlpayl,or Timmons Turner On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 1423 was taken from the Table and placed at the foot of the Senate Rules Calendar for today. 2400 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1554. By Representatives Clark of the 20th and Jackson of the 9th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941. Senator Burton of the 5th moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment to HB 1554, and that a Conference Committee be appointed. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate amendment to HB 1554. The President appointed as a Conference Committee on the part of the Senate the following: Senators Burton of the 5th, Barnes of the 33rd and Tysinger of the 41st. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1834. By Representatives Holland of the 136th, Moultrie of the 93rd and Poston of the 2nd: A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to the renouncement of succession, so as to provide that the document stating such renouncement shall be delivered to the transferor or his personal representative by hand delivery or by mail. Senate Sponsor: Senator Edge of the 28th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Burton Clay Collins Dawkins Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Parker Peevy Perry Phillips Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Turner Tysinger Walker WEDNESDAY, MARCH 7, 1990 2401 Those not voting were Senators: Allgood (excused) Brannon Broun Coleman Deal Kennedy (excused) McKenzie Pollard Ragan of 10th Starr (excused) Timmons On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the House, having been read the third time on March 1 and postponed until March 5, was put upon its passage: HB 1492. By Representative Parham of the 105th: A bill to amend Code Section 11-9-504 of the Official Code of Georgia Annotated, relating to a secured party's requirements relative to default, so as to provide that the sale of a motor vehicle by public or private motor vehicle auction, to a motor vehicle wholesaler, or to an individual shall constitute a commercially rea sonable sale of collateral. Senate Sponsor: Senator Kidd of the 25th. Senator Edge of the 28th offered the following amendment: Amend HB 1492 by adding on page 1 line 18 following the word "manner" the following: "for a commercially reasonable price". Senator Edge of the 28th 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 HB 1492 by adding on page 1, line 18, following the word "marked" the following: "for commercially reasonable terms", by adding on page 1, line 24, following the word "section" the following: "and provided the manner, time, place and terms are commercially reasonable." On the adoption of the amendment, the yeas were 28, nays 15, and the amendment was adopted. Senator Fincher of the 54th offered the following amendment: Amend HB 1492 by adding on page 1, after line 24, the following: "(7) A bank or other financial institution shall not foreclose unless owner is 90 days or more delinquent in payments." On the adoption of the amendment, the yeas were 9, nays 28, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. 2402 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 Bowen Broun Coleman Collins Echols Foster Fuller Gillis Hammill Harris Kidd Olmstead Perry Phillips Ray Scott of 2nd Scott of 36th Timmons Turner Walker Those voting in the negative were Senators: Baldwin Barker Barnes Burton Clay Dawkins Deal Edge Egan English Engram Fincher Garner Howard Huggins Johnson Land Newbill Parker Peevy Pollard Ragan of 10th Ragan of 32nd Stumbaugh Tate Taylor Tysinger Those not voting were Senators: Allgood (excused) Brannon Dean Kennedy (excused) Langford McKenzie Shumake Starr (excused) On the passage of the bill, the yeas were 21, nays 27. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Gillis of the 20th resumed the Chair at the direction of the President. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1811. By Representative Goodwin of the 63rd: A bill to amend Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of certain levies on land, so as to provide for delivery of certain notice by certified mail. Senate Sponsor: Senator Peevy of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Egan English Engram WEDNESDAY, MARCH 7, 1990 2403 Fincher Foster Fuller Hammill HHoarwriasrd Huggins Johnson Land Langford Newbill Olmstead Parker PPeeerrvyy Phillips Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh rpatg _T.immons Turner Tysinger Walker Those not voting were Senators: Allgood (excused) Barker Brannon Dawkins Edge Garner Gillis (presiding) Kennedy (excused) Kidd McKenzie Pollard Scott of 2nd Shumake Starr (excused) Taylor On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 1074. By Representatives Murphy of the 18th, Connell of the 87th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd and Walker of the 115th: A resolution relative to adjournment; and for other purposes. The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th 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 define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements. The Speaker has appointed on the part of the House, Representatives Jackson of the 9th, Barnett of the 10th and Parham of the 105th. The House has disagreed to the Senate substitute to the following bill of the House: 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. 2404 JOURNAL OF THE SENATE The House has disagreed to the Senate substitute to the following resolution of the House: HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, McDonald of the 12th and others: A resolution relative to establishment of the Georgia General Assembly's Confer ence on Children of Cocaine and Substance Abuse; establishing a conference steering committee. 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 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 Speaker has appointed on the part of the House, Representatives Porter of the 119th, Crosby of the 150th and Dover of the llth. The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following resolution of the House: 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 Speaker has appointed on the part of the House, Representatives Dover of the llth, Royal of the 144th and Godbee of the 110th. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 762. By Senator English of the 21st: A bill to provide for election of the chairman and the members of the board of education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies. The House amendment was as follows: Amend SB 762 by striking from lines 6 through 9 of page 10 the following: "The chairman and each member of the board of education shall be compensated in the amount of $150.00 per month and shall be reimbursed for reasonable expenses incurred in the performance of their duties.", and inserting in its place the following: "The chairman of the board of education shall be compensated in the amount of WEDNESDAY, MARCH 7, 1990 2405 $250.00 per month and each member of the board of education other than the chairman shall be compensated in the amount of $200.00 per month. The chairman and each member of the board of education shall be reimbursed for reasonable expenses incurred in the per formance of their duties." Senator English of the 21st moved that the Senate agree to the House amendment to SB 762. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen nCCTM loalyeman Collins Deal Dean Echols English Engrain Foster Fuller Hammill 2wri? LLaann gdford Newbill Olmstead Parker Peevy Perry Phillips Ragan of 10th Ragan of 32nd Scott of 36th Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Allgood (excused) Brannon Dawkins Edge Egan Fincher Garner Gillis (presiding) Howard Johnson Kennedy (excused) Kidd McKenzie Pollard Scott of 2nd Starr (excused) Taylor Timmons On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 762. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th and others: A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof. Senator Peevy of the 48th moved that the Senate insist upon the Senate amendment to HB 1228. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1228. 2406 JOURNAL OF THE SENATE The following general bills of the house, favorably reported by the committees, were read the third time and put upon their passage: HB 1663. By Representative Buford of the 103rd: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for the continuation of certain personnel positions in the offices of dis trict attorneys under certain circumstances; to provide for position transfers. Senate Sponsor: Senator Clay of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Egan English Engram Fincher Foster g0^1 gurton Qlay Coleman Collins Deal Echols Fuller Hammill Harris Huggins Johnson Langford Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Scott of 36th Stumbaugh Tate Turner Tysinger Those not voting were Senators: Brannon Dawkins Garner Gillis (presiding) Howard Kennedy (excused) Kidd Land McKenzie Phillips Ray Scott of 2nd Shumake Starr (excused) Taylor Timmons Walker On the passage of the bill, the yeas were 37, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1549. By Representatives Campbell of the 23rd, Stancil of the 8th, Isakson of the 21st and others: A bill to amend Code Section 17-10-1.1 of the Official Code of Georgia Anno tated, relating to victim impact statements, so as to provide that prosecuting at torneys shall provide victim impact statement forms to victims; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person. Senate Sponsors: Senators Dawkins of the 45th and Newbill of the 56th. WEDNESDAY, MARCH 7, 1990 2407 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage 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 CCloalyeman Collins Deal Dean Echols Edge Egan Engram Fincher Foster Fuller Garner HHaamrrims ill Howard Huggins Johnson Langford Newbill Peevy Perry Pollard Ragan of 10th j^^ Qf 32nd R Sc*oLtt of 36th Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Barker Bowen Brannon Dawkins English Gillis (presiding) Kennedy (excused) Kidd Land McKenzie Olmstead Parker Phillips Scott of 2nd Shumake Starr (excused) Stumbaugh Walker On the passage of the bill, the yeas were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd and others: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing. Senate Sponsor: Senator Stumbaugh of the 55th. The Senate Committee on Insurance offered the following substitute to HB 1752: A BILL To be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to increase the amount of certain benefits payable for funeral and burial expenses; to provide that certain coverages shall be made available on a deductible basis; to provide for various deductible amounts; to provide that any deductibles shall not be applicable to a guest passenger; to increase the amount of optional benefits payable without regard to fault which shall be offered by an insurer; to provide for written statements concerning the explanation of deductibles to be 2408 JOURNAL OF THE SENATE included in applications for motor vehicle insurance coverage and signed by the applicant; to authorize the coordination of benefits when payable under more than one policy of insur ance; to provide exceptions; to require insurers to maintain as a part of a rating plan a separate tier of such plan for coverages provided to persons who are good drivers; to provide for reductions in premiums under certain conditions; to require the Commissioner to pro vide by rule for the efficient settlement of property damage claims under motor vehicle insurance policies; to require private passenger motor vehicle insurance policies to contain certain provisions relative to the settlement of total loss claims on certain motor vehicles; to provide a definition; to create the position of state automobile insurance consumer services officer; to provide for definitions; to provide for qualifications and appointment; to provide for duties, powers, and authority of the state automobile insurance consumer services officer; to create the Consumer Automobile Insurance Advisory Panel; to provide for membership, qualifications, and appointment; to provide for duties, powers, and authority of such panel; to provide for surcharges to be assessed on private passenger and commercial automobile insurance policies; to provide for the collection of such funds; to provide for legislative in tent; to provide for related matters; to provide an effective date; to provide for the examina tion of rating plans by insurers and for the reduction of rates on and after a certain date; to provide a short title; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the "Consumer Auto Insurance AfFordability Act of 1990." Section 2. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in its place a new paragraph (2) of subsection (a) to read as follows: "(2) The coverage for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, shall be written upon the policy form with an exclusion of the first $250.00 of such loss or damage to any insured in any one accident and may be subject to differing levels of deductibles at the request of the policyholder in amounts of $100.00 and $500.00." Section 3. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code Sec tion 33-34-4, relating to minimum required motor vehicle insurance coverages, and inserting in its place a new Code Section 33-34-4 to read as follows: "33-34-4. (a) No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has insurance on the vehicle providing the following minimum coverage: (1) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state; (2) Compensation to insured injured persons without regard to fault up to an aggregate minimum limit of $5,000.00 per insured injured person for: (A) All necessary medical expenses, not to exceed $2,500.00, arising from a motor vehi cle accident, including necessary medicine, drugs, and surgical, dental, X-ray, and rehabili tative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services as prescribed, authorized, approved, or rendered by an attending physician, includ ing any person licensed to practice a healing art and any remedial treatment and care ren dered in accordance with a recognized religious healing method; (B) Eighty-five percent of the loss of income or earnings of the insured during disability with a maximum benefit of $200.00 per week or, in the event the insured is the sole share holder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the WEDNESDAY, MARCH 7, 1990 2409 loss of gross income or earnings of the professional corporation during the period of the insured's disability with a maximum benefit of $200.00 per week; (C) Expenses, not to exceed $20.00 per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have performed not for income but for the benefit of his or her house hold; and (D) Funeral services and burial expenses not to exceed $3,000.00 per person. (b) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of this Code section shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survi vor's benefits shall be payable at least monthly until exhausted. (c) The total benefits required to be paid under this Code section without regard to fault as the result of any one accident shall not exceed the sum of $5,000.00 per each indi vidual covered as an insured person or such greater amount of coverage as has been pur chased on an optional basis as provided in Code Section 33-34-5, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage. (d) An insurer shall make the coverages described under subparagraphs (a) (2) (A) and (a)(2)(B) of this Code section and (a)(l)(A) and (a)(l)(B) of Code Section 33-34-5 available on a deductible basis, in amounts of $100.00, $250.00, and $500.00 at the option of the named insured and at a reduced price. Any deductible shall not, however, apply to compen sation to a pedestrian, to compensation to a guest passenger, or to compensation to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and permanent paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits speci fied by subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code section, then with respect to each such policy the bene fits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy." Section 4. Said chapter is further amended by striking subsection (a) of Code Section 33-34-5, relating to optional motor vehicle insurance coverages, and inserting in its place a new subsection (a) to read as follows: "(a) Each insurer shall also make available on an optional basis the following coverage: (1) An aggregate limit of benefits payable without regard to fault up to $100,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of subsection (a) of Code Section 33-34-4: (A) Any expenses of the type described in subparagraph (a) (2) (A) of Code Section 3334-4; (B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the profes sional corporation during the period of the insured's disability; (C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and (D) Funeral services and burial expenses not to exceed $3,500.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of 2410 JOURNAL OF THE SENATE Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survi vor's benefits shall be payable at least monthly until exhausted; (3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehicle, provided that benefits payable under this paragraph shall be written upon the policy form with a $250.00 deductible and may be subject to a higher level of deductible at the request of the policyholder in the amount of $500.00." Section 5. Said chapter is further amended by adding immediately following Code Sec tion 33-34-5, relating to optional motor vehicle insurance coverages, a new Code section, to be designated Code Section 33-34-5.1, to read as follows: "33-34-5.1. Each initial application for a new policy of motor vehicle liability insurance sold in this state on and after October 1, 1990, shall contain a statement in boldface type signed by the applicant indicating that the deductibles described in paragraph (2) of subsec tion (a) of Code Section 33-7-11, in subsection (d) of Code Section 33-34-4, and in para graph (3) of subsection (a) of Code Section 33-34-5 have been explained to the applicant and that such explanation included the amount of premium to be saved by choosing a deductible." Section 6. Said chapter is further amended by striking Code Section 33-34-8, relating to the reduction or elimination of benefits under said chapter where the injured person is enti tled to receive workers' compensation benefits, in its entirety and inserting in its place a new Code Section 33-34-8 to read as follows: "33-34-8. (a) The benefits payable under this chapter shall not be reduced or eliminated by any workers' compensation benefits, except as provided in subsections (b) and (c) of this Code section. (b) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensa tion law. (c) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earn ings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability or an amount which is equal to the amount the person is entitled to receive as compensation for the loss under any workers' compensation law plus the limits of the coverage under any applicable policy of motor vehi cle insurance or under any program of self-insurance providing such benefits, whichever is less. (d) The benefits provided under a policy of motor vehicle insurance which are payable without regard to fault for expenses described in subparagraph (a) (2) (A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(l)(A) or subparagraph (a)(l)(B) of WEDNESDAY, MARCH 7, 1990 2411 Code Section 33-34-5 shall be primary for accidental bodily injury or disability with respect to similar benefits under other insurance policies except policies providing coverage for workers' compensation benefits. Benefits payable for the expenses described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(l)(A) or subparagraph (a)(l)(B) of Code Section 33-34-5 under a group of blanket policy of accident and sickness insurance, or a disability group policy may be reduced or elimi nated to the extent that an insured injured person is entitled to receive compensation for such expenses under a policy of motor vehicle insurance. (e) For purposes of ranking the order of benefits payments in cases of more than one applicable policy, the order of payment shall be as follows: (1) Motor vehicle insurance; (2) Group or blanket accident and sickness insurance; and (3) Group disability insurance. (f) Medical payment benefits and uninsured motorists' benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this chapter. (g) This Code section shall not apply to individual accident and sickness policies or individual disability policies or to any insurance benefit plan or contract negotiated in con junction with a collective bargaining agreement." Section 7. Said chapter is further amended by adding at the end thereof four new Code sections, to be designated Code Sections 33-34-18, 33-34-19, 33-34-20, and 33-34-21, to read as follows: "33-34-18. (a) (1) As used in this Code section, the term 'good driver' means a person who, for the three years immediately preceding the date of an application for private pas senger motor vehicle insurance or any renewal of such insurance, has held a valid driver's license, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle, and has had no claims based on the insured's fault. (2) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages pro vided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. Where applicable, the requirements of this paragraph may be satisfied by the maintenance of interrelated rating plans between affiliated insurers, so long as insureds who are good drivers receive placement in the rating plan of the insurer which corresponds to the separate good driver tier. (b) Each insurer providing coverages under this chapter shall maintain as a part of its rating plan reductions in premiums for statistically recognized cost reductions associated with risks. Reductions in premiums shall be given for, but are not limited to, the following: (1) Package policies or multiple vehicle coverages; (2) Group policies, if available; (3) Good student performance; (4) Antitheft devices; (5) Improved vehicle safety equipment; (6) Deductibles; and (7) Good drivers. 33-34-19. The Commissioner shall provide by rule procedures for the expeditious and efficient settlement of property damage claims under private passenger motor vehicle poli cies. Such procedures may include but shall not be limited to: (1) Loss of use reimbursements; 2412 JOURNAL OF THE SENATE (2) Cost of repairs; (3) Determination of fair market values on total losses; (4) Use of aftermarket parts; and (5) Time limitations for payments. 33-34-20. (a) Each policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed in this state on and after July 1, 1990, shall provide that, with respect to any property damage liability, collision, or comprehensive claim in which a new motor vehicle within 30 days of the purchase date or any motor vehicle with an odome ter reading of 2,500 miles or less is declared a total loss, the insured or other claimant suffer ing property damage shall have the option of accepting the full purchase price of the motor vehicle or a replacement vehicle in settlement of the claim. (b) For the purposes of this Code section, 'full purchase price of the motor vehicle' means the total of any amount previously paid by the insured or other claimant toward the purchase of the motor vehicle and the amount for which the insured or other claimant is liable to a lienholder under a financing agreement with respect to such motor vehicle. 33-34-21. (a) As used in this Code section, the term: (1) 'Consumer services officer' means the state automobile insurance consumer services officer. (2) 'Panel' means the Consumer Automobile Insurance Advisory Panel. (b) There is created the position of state automobile insurance consumer services officer to be appointed by the Governor. To qualify for appointment, the person to be selected shall possess demonstrated knowledge and experience regarding automobile insurance regu lation, automobile insurance consumer services, automobile insurance industry operations, and the problems and issues arising from such areas. In addition to duties specified in this Code section, the consumer services officer shall direct the consumer services offered by the department. (c) The consumer services officer shall: (1) Provide for consumer input on all areas of the jurisdiction of the Commissioner under this chapter, including but not limited to automobile insurance rates of insurers and rate filings; market conduct by insurers, their agents, and employees; and regulatory issues confronting the department; (2) Convene and preside over the panel created in subsection (e) of this Code section on at least a quarterly basis and provide administrative assistance for such panel; and (3) Suggest, implement, and oversee needed improvements and expansions of consumer services by the department. (d) (1) The consumer services officer shall appear, as a party, an intervenor, or other wise, on behalf of automobile insurance consumers of this state in any proceeding before the Commissioner under this chapter involving an automobile insurance rate filing, an adminis trative hearing, a regulatory proposal, or in any other proceeding of concern to automobile insurance consumers. (2) The consumer services officer shall be authorized in the same representative capac ity to intervene as of right or otherwise appear in any judicial proceeding involving or aris ing out of any proceeding in which the consumer services officer is authorized to appear under paragraph (1) of this subsection. (3) The Commissioner shall not proceed to hear or determine any matter in which the consumer services officer is entitled to appear unless it shall affirmatively appear that the consumer services officer was given at least 15 days' written notice thereof, unless such no tice is affirmatively waived in writing or the consumer services officer appears and specifi cally waives such notice. WEDNESDAY, MARCH 7, 1990 2413 (4) The consumer services officer shall have access to all records, files, reports, docu ments, and other information in the possession or custody of the department to the same extent as other staff of the department have access thereto and subject to the same limita tions imposed on the use thereof by the department. (e) (1) There is created the Consumer Automobile Insurance Advisory Panel to consist of ten members selected by the Governor. One member shall be chosen from each congres sional district of this state. (2) Members shall be appointed for terms of two years, except that five members ap pointed for the original membership of the panel on or after July 1, 1990, under paragraph (1) of this subsection shall be appointed for a term of one year. Members shall be eligible for reappointment. (3) All selections by the Governor shall be made by consideration of the knowledge and experience of the proposed members in the areas of automobile insurance consumer problems and issues. (4) No person who is employed by an insurer or its parent or subsidiary or who is employed as an insurance agent or broker shall be eligible for membership on the panel. (5) The panel shall serve without compensation but shall be reimbursed for expenses of fulfilling the duties of the panel in such manner as state employees are reimbursed. (f) The panel shall: (1) Meet at least quarterly and upon the call of the consumer services officer; (2) Consider issues affecting automobile insurance consumers of this state; (3) Provide input to the Commissioner on the resolution of automobile insurance con sumer problems and issues; (4) Render advice on issues as requested by the consumer services officer or the Commissioner; (5) Advise the consumer services officer regarding the expansion, improvement, and maintenance of automobile insurance consumer services; (6) Initiate recommendations on consumer programs designed to increase awareness levels and education levels of consumers about automobile insurance; and (7) Consider and recommend such actions as the panel deems necessary to resolve con sumer matters and to implement the intent of this Code section of providing heightened consumer input into insurance processes. (g) The consumer services officer and the panel shall prepare annually a report to the Commissioner and to the General Assembly of the actions of the panel. (h) On and after October 1, 1990, there shall be assessed on each policy of private pas senger or commercial automobile insurance issued in this state a surcharge of 10$ to be paid by the policeholder and remitted to the insurer at the time of payment of the first premium for such policy. The Commissioner shall collect from insurers the surcharges imposed by this subsection on a quarterly basis, at the same time and in the same manner as provided for installment payments of premium taxes under Code Section 33-8-6. (i) It is the intent of subsection (h) of this Code section to provide a means of funding the position of the state automobile insurance consumer services officer created by this Code section. It is not, however, the intent of subsection (h) of this Code section to allocate funds in violation of Article VII, Section III, Paragraph II of the Constitution and any funds col lected by the Commissioner pursuant to subsection (h) of this Code section shall be paid into the general treasury of the state and shall be subject to the normal appropriations process." Section 8. This Act shall become effective on October 1, 1990, and shall apply to poli cies issued on or after such date. After this Act becomes law upon the approval of the Gov- 2414 JOURNAL OF THE SENATE ernor or becomes law without such approval, insurers providing coverages under Chapters 7 and 34 of Title 33 of the Official Code of Georgia Annotated shall examine existing rating plans under said chapter regarding the effects of this Act and other enactments of the 1990 regular session of the General Assembly and shall file changes to such plans to effectuate the provisions of such Acts. The Commissioner shall reduce by 10 percent on the effective date of this Act all rating plans for which no filing is received. Any rating plan filed prior to October 1, 1990, which does not contain at least a 10 percent reduction shall be subject to independent examination in the manner provided in Code Section 33-9-21 of the Official Code of Georgia Annotated as if an increase had been filed. Section 9. All laws and parts of laws in conflict with this Act are repealed. Senator Stumbaugh of the 55th offered the following amendment: Amend the substitute to HB 1752 offered by the Senate Committee on Insurance by adding on page 12, line 20, before the word "with", "excluding taxes and finance charges,". On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted. Senator Stumbaugh of the 55th offered the following amendment: Amend the substitute to HB 1752 offered by the Senate Committee on Insurance by adding on line 6, page 16, after the word "policy" the words "and each renewal date occur ring each and every 12 months thereafter." On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted. Senator Stumbaugh of the 55th offered the following amendment: Amend the substitute to HB 1752 offered by the Senate Committee on Insurance by adding at the end of line 10 of page 2 the following: "to provide that certain expenses relating to punitive damages shall not be considered in the making and use of rates or rating plans for motor vehicle insurance;". "fiveB".y striking the word "four" on line 20 of page 10 and inserting in its place the word By striking the word "and" on line 21 of page 10. By adding following "33-34-21," and before the word "to" on line 22 of page 10 the following: "and 33-34-22,". By striking the quotation marks at the end of line 21 of page 16 and inserting between lines 21 and 22 of page 16 the following: "33-34-22. Expenses incurred or projected in connection with an insurer's liability or potential liability for punitive damages as provided in Code Section 33-34-6 shall not be considered in the making and use of rates or rating plans for commercial or private passen ger motor vehicle insurance and shall not be reflected in such rates or rating plans or in premiums charged to policyholders pursuant to such rates or rating plans.'" On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. WEDNESDAY, MARCH 7, 1990 2415 Senator Allgood of the 22nd offered the following amendment: Amend the substitute to HB 1752 offered by the Senate Committee on Insurance by adding on line 5 of page 1 after the word and symbol "coverage;" and before the word "to" the following: "to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide that insurance companies that write automobile insurance policies shall offer complete coverage for repair or replace ment of certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions; to provide the date of application of such requirements;". By adding between lines 2 and 3 of page 3 the following: "Section 2.1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions regarding insurance, is amended by adding at the end thereof a new Code Section 33-24-53 to read as follows: '33-24-53. (a) As used in this Code section, the term: (1) "Automobile insurance policy" means a policy as defined in paragraph (1) of subsec tion (b) of Code Section 33-24-45. (2) "Safety equipment" means only the glass used in the windshield. (b) Any insurance company that writes automobile insurance policies in this state shall offer complete coverage for repair or replacement of damaged safety equipment without regard to any deductible or minimum amount. (c) This Code section shall apply to all automobile insurance policies issued or renewed on or after July 1, 1990.'" On the adoption of the amendment, the yeas were 29, nays 5, and the amendment was adopted. Senator Howard of the 42nd offered the following amendment: Amend the substitute to HB 1752 offered by the Senate Committee on Insurance by adding on line 19 of page 1 after "exceptions;" and before "to" the following: "to require certain premium reductions on motor vehicle insurance for certain students who are under the age of 25; to provide for certain proof and forms; to provide exceptions;". "fiveB".y striking on line 20 of page 10 the word "four" and inserting in lieu thereof the word By adding on line 21 of page 10 after the word "Sections" and before "33-34-18" the following: "33-34-17.1,". By striking the quotation marks at the beginning of line 23 of page 10 and by adding between lines 22 and 23 of page 10 the following: "33-34-17.1. (a) For each personal or family-type policy of motor vehicle insurance is sued, delivered, issued for delivery, or renewed on or after July 1, 1990, there shall be of fered by the insurer a reduction in the premium for motor vehicle liability, bodily injury, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver: (1) Is unmarried; (2) Is enrolled as a full-time student in: (A) High school in the junior or senior year; (B) Academic courses in a college or university; or 2416 JOURNAL OF THE SENATE (C) Vocational technical school; and (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll.' (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in subsec tion (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have com mitted a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from." On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. Senator Fuller of the 52nd offered the following amendment: Amend the substitute to HB 1752 offered by the Senate Committee on Insurance by adding following "losses" on line 34, page 11, and prior to the semi-colon, the following: "and the commissioner shall issue regulations which shall specify three (3) or more ob jective criteria for the establishing of such values". On the adoption of the amendment, the yeas were 32, nays 9, 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: WEDNESDAY, MARCH 7, 1990 2417 Those voting in the affirmative were Senators: Allgood Baldwin Barnes Burton Coleman Collins Dawkins Echols Edge English Engram Fincher Foster Fuller Hammill Harris Howard Huggins Johnson Kennedy Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 32nd Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Clay Deal Dean Egan Garner McKenzie Ray Those not voting were Senators: Albert Barker Bowen Brannon Broun Gillis (presiding) Kidd Ragan of 10th Starr (excused) Tate On the passage of the bill, the yeas were 39, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute. 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. Senate Sponsor: Senator Parker of the 15th. The Senate Committee on Public Safety offered the following amendment: Amend HB 1435 by inserting on lines 5, 18, and 25 of page 1 and on line 2 of page 2 after the words "rest areas" the following: "and welcome centers". 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 Barnes Burton Clay Coleman 2418 JOURNAL OF THE SENATE Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Land Langford Newbill Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Tate Timmons Turner Tysinger Walker Those not voting were Senators: Baldwin Barker Bowen Brannon Broun Dawkins Gillis (presiding) Kidd McKenzie Olmstead Taylor On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 204. By Senators Phillips of the 9th, Peevy of the 48th and Edge of the 28th: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and ma rijuana, so as to create a new criminal offense of possessing, manufacturing, de livering, distributing, dispensing, administering, selling, or possessing a con trolled substance or marijuana while on or in proximity to school property or a school bus stop. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1578. By Representatives Martin of the 26th and Lupton of the 25th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to pro vide for the fair market value of landmark historic property; to provide for the classification of landmark historic property under certain circumstances; to change the provisions relating to the assessment of tangible property. Senate Sponsor: Senator Coleman of the 1st. WEDNESDAY, MARCH 7, 1990 2419 The Senate Committee on Banking and Finance offered the following substitute to HB 1578: A BILL To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of landmark historic property under certain circumstances; to change the provisions relating to the assessment of tangible property; to provide for the preferential classification and assessment of landmark historic property; to define the term "landmark historic property"; to provide exceptions; to provide for applications for preferential classification and assessment of landmark historic property; to provide for application fees; to provide procedures; to provide for determinations by the Department of Natural Resources and local governing authorities; to provide that the as sessed value of certain property shall not be increased during certain periods of time; to require certain duties to be performed by the county board of tax assessors; to provide which property qualifies as landmark historic property; to provide for the payment of cer tain taxes; to provide for certain appeal hearings and court review; to provide the effective date of preferential assessment of landmark historic property; to provide for the classifica tion of landmark historic property on tax digests; to provide for the disqualification of prop erty for preferential classification and assessment as landmark historic property; to prohibit simultaneous eligibility for more than one preferential classification and assessment; to pro vide that certain taxes and interest shall constitute a prior lien; to provide that members and alternate members of county boards of equalization shall be appointed for three-year terms; to provide that one such member and one such alternate member shall be appointed each year; to provide for other matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding at the end of paragraph (1) of Code Section 48-5-2, relating to definitions applicable to said Chapter 5, a new subparagraph to be designated subparagraph (D), to read as follows: "(D) Fair market value of 'landmark historic property' as such term is defined in sub section (a) of Code Section 48-5-7.3 means: (i) For the first eight years in which the property is classified as 'landmark historic property,' the value equal to the greater of the acquisition cost of the property or the ap praised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3; (ii) For the ninth year in which the property is classified as 'landmark historic prop erty,' the value of the property as determined by division (i) of this subparagraph plus onehalf of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and (iii) For the tenth and following years, the fair market value of such property as deter mined by the provisions of this paragraph, excluding the provisions of this subparagraph." Section 2. Said chapter is further amended by adding a new subsection immediately following subsection (c) of Code Section 48-5-7, relating to assessment of tangible property, to be designated subsection (c.l), to read as follows: "(c.l) Tangible real property which qualifies as landmark historic property pursuant to the provisions of Code Section 48-5-7.3 shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of landmark historic property pursuant to the provisions of subparagraph (D) of paragraph (1) of Code Section 48-5-2." 2420 JOURNAL OF THE SENATE Section 3. Said chapter is further amended by adding a new Code section describing the preferential assessment for certified landmark historic property immediately following Code Section 48-5-7.2, to be designated Code Section 48-5-7.3, to read as follows: "48-5-7.3. (a) (1) For the purposes of this Code section, 'landmark historic property' means tangible income-producing real property which: (A) Has been listed on the National Register of Historic Places or on the Georgia Regis ter of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12 and has been so certified by the Department of Natural Resources; and (B) Has been certified by a local government as landmark historic property having ex ceptional architectural, historic, or cultural significance pursuant to a comprehensive local historic preservation or landmark ordinance which is of general application within such lo cality and has been approved as such by the state historic preservation officer. (2) The preferential classification and assessment of landmark historic property pro vided for in this Code section shall apply to the building or structure which is listed on the National Register of Historic Places or on the Georgia Register of Historic Places, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law. (3) Property may qualify as landmark historic property and be eligible to receive the preferential assessment provided for in this Code section only if the local governing author ity has adopted an ordinance authorizing such preferential assessments for landmark his toric property under this Code section. (b) In order for property to qualify under this Code section for preferential assessment as provided for in subsection (c.l) of Code Section 48-5-7, the property must receive the certifications required for landmark historic property as defined in paragraph (1) of subsec tion (a) of this Code section. (c) Upon receipt of said certifications, a property owner desiring classification of any such historic property as landmark historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said certifications with such application. The county board of tax assessors shall determine if the provisions of this Code section have been complied with and upon such determination, the county board of tax assessors shall be required to grant preferential assessment to such property. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that no tices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (d) (1) Property which has been classified by the county board of tax assessors as landmark historic property shall be immediately eligible for the preferential assessment pro vided for in subsection (c.l) of Code Section 48-5-7; provided, however, that, for the pur poses of determining the years of eligibility for preferential assessment, the tax year follow ing the year in which the certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility. (2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment. (3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of landmark historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time certification on such property was received by WEDNESDAY, MARCH 7, 1990 2421 the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as landmark historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation 'landmark historic property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax re ceiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (D) of paragraph (1) of Code Section 48-5-2. (e) (1) When property has once been classified and assessed as landmark historic prop erty, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following: (A) Written notice by the taxpayer to the county tax commissioner or receiver to re move the preferential classification and assessment; (B) Sale or transfer of ownership making the property exempt from property taxation; (C) Decertification of such property by the Department of Natural Resources. The De partment of Natural Resources has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of His toric Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as landmark historic property, except as specified in subparagraph (B) of this paragraph. When for any reason the property or any portion thereof ceases to qualify as landmark historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January; (D) Decertification of such property by the local governing authority for failure to maintain such property in a standard condition as specified in the local historic preservation or landmark ordinance or in local building codes; or (E) The expiration of nine years during which the property was classified and assessed as landmark historic property; provided, however, that any such property may qualify there after as landmark historic property if such property is subject to subsequent rehabilitation and qualifies under other portions of the historic properties tax incentive program contained within the provisions of this Code section. (2) Except as otherwise provided in this Code section, if a property becomes disquali fied pursuant to any provision of this subsection, the decertification shall be transmitted to the county board of tax assessors and said assessors shall appropriately notate the property as decertified. Such property shall not be eligible to receive the preferential assessment pro vided for in this Code section during the taxable year in which such disqualification occurs. (f) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this subsection shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hear ing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of judicial review thereof in ac cordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) No property shall be eligible to receive simultaneously more than one of the prefer ential assessments provided for in this Code section and Code Section 48-5-7.2. (h) Any landmark historic property which lies within a locally designated landmark or historic preservation district which is predominantly a residential district as determined by the local governing authority shall not be eligible for the preferential assessment provided 2422 JOURNAL OF THE SENATE for in this subsection if such landmark historic property constitutes a nonconforming use pursuant to applicable local zoning ordinances or if such landmark historic property does not contribute to the architectural, historic, or cultural values for which said district is significant. (1) (1) The difference between the preferential assessment granted by this Code section and the taxes which would otherwise be assessed and interest thereon shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but shall only be due, payable, and delinquent as provided in this Code section. (2) Such liens for taxes, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to Chapter 5 of Title 53." Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 48-5-311, relating to the creation, appointment, and duties of county boards of equalization, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) (1) Except as provided in paragraph (2) of this subsection, each member and alter nate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of his selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternative members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alter nate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or his deputy a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or his deputy shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of his duties, shall take and subscribe before the clerk of the superior court the following oath: 'You shall faithfully and impartially discharge the duty of members and alternate mem bers of the board of equalization for the County of _____, in accordance with the Con stitution and laws of this state, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior WEDNESDAY, MARCH 7, 1990 2423 court shall charge each member and alternate member of the county board of equalization with the law and duties relating to his office." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. Senator Dawkins of the 45th offered the following amendment: Amend the Senate Committee on Banking and Finance substitute to HB 1578 by strik ing all the language from lines 1 through 3 of page 1 and inserting in lieu thereof the following: "To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of the term 'fair". By inserting on line 3 of page 2 between the word and semicolon "year;" and the word "to" the following: "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 exercise of powers of appointment, and other instru ments transferring real estate to or from fiduciaries without consideration;". By striking all the language from lines 7 through 9 of page 2 and inserting in lieu thereof the following: "Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding at the end of paragraph". "titleB"y. striking the word "chapter" on line 5 of page 3 and inserting in lieu thereof the word By striking the word "chapter" on line 21 of page 3 and inserting in lieu thereof the word "title". By striking the word "chapter" on line 31 of page 9 and inserting in lieu thereof the word "title". By inserting between lines 5 and 6 of page 12 the following: "Section 5. Said title is further amended by striking subsection (a) of Code Section 486-2, relating to the exemption of certain instruments, deeds, etc., from the real estate trans fer tax, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: '(a) The tax imposed by Code Section 48-6-1 shall not apply to: (1) Any instrument or writing given to secure a debt; (2) Any deed of gift; (3) Any deed, instrument, or other writing to which any of the following is a party: the United States; this state; any agency, board, commission, department, or political subdivi sion of either the United States or this state; any public authority; or any nonprofit public corporation; (4) Any lease of lands, tenements, standing timber, or other realty or any lease of any estate, interest, or usufruct in any lands, tenements, standing timber, or other realty; (5) Any transfer of real estate between a husband and wife in connection with a divorce case; (6) Any order for year's support awarding an interest in real property as provided in Code Section 53-5-11; (7) Any deed issued in lieu of foreclosure if the deed issued in lieu of foreclosure is for a 2424 JOURNAL OF THE SENATE purchase money deed to secure debt that has been in existence and properly executed and recorded for a period of 12 months prior to the recording of the deed in lieu of foreclosure; (8) Transfer of property which is acquired as provided in Code Sections 32-3-2 and 323-3; (9) Any deed of assent by an executor, administrator, guardian, or trustee, any deeds or other instruments carrying out the exercise of a power of appointment, and any other in struments transferring real estate to or from fiduciaries without consideration; and (10) Any deed, instrument, or other writing which effects a division of real property among joint tenants or tenants in common if the transaction does not involve any considera tion other than the division of the property.' " By renumbering former Sections 5 and 6 as Sections 6 and 7, respectively. Senator Fuller of the 52nd asked unanimous consent to withdraw the amendment of fered by Senator Dawkins of the 45th; the consent was granted, and the amendment was withdrawn. 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 Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Engram Fuller Garner Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Brannon Dawkins Fincher Foster Gillis (presiding) Kidd Scott of 2nd Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The President resumed the chair. WEDNESDAY, MARCH 7, 1990 2425 The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility re quired for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only. The House amendment was as follows: Amend the Senate substitute to HB 552 by adding following the word "products" on line 7 of page 1 the following: "and to pesticide contractors applying crop protection products to agricultural crops". By adding following the word "products" on line 4 of page 2 the following: "and pesticide contractors applying crop protection products to agricultural crops". Senator English of the 21st moved that the Senate agree to the House amendment to the Senate substitute to HB 552. 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 BaTM* fowen Coleman Collins Deal Dean Echols Edge Egan English Engram Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker Perry Pollard Ragan of 10th Ragan of 32nd Rav Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker Those not voting were Senators: Brannon Dawkins Fincher Foster Kidd Peevy Phillips Scott of 2nd Shumake Timmons On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 552. 2426 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election. Senator Baldwin of the 29th moved that the Senate insist upon the Senate substitute to HB 1204. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1204. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 335. By Senator Tate of the 38th: A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States de cennial census of 1960 or any future such census, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds. The House substitute to SB 335 was as follows: A BILL To be entitled an Act to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decen nial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds; to provide that the moneys collected from such additional penalties shall be expended only to fund victims and witnesses assistance programs; to pro vide for annual reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, is amended by striking Section 28 in its entirety and inserting in lieu thereof a new Section 28 to read as follows: "Section 28. (a) (1) In every traffic case, other than parking violations, in which a court imposes a fine under this Act for a violation of a state law or local ordinance, there shall be imposed as an additional penalty a sum not to exceed $1.00. (2) At the time of posting bail or bond in any traffic case before a court under this Act, an additional sum not to exceed $1.00 shall be posted. In every traffic case in which a court under this Act orders the forfeiture of bail or bond, the additional sum posted shall be paid over as provided in subsection (b) of this section. (b) The additional penalty imposed in traffic cases and upon violations of bonds as provided in subsection (a) of this section shall be collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be transmit ted to the treasury of the city served by the court imposing the fine to be placed in a special fund. Such moneys in the fund shall be expended only to fund victims and witnesses assis- WEDNESDAY, MARCH 7, 1990 2427 tance programs. A victims and witnesses assistance program shall be developed by the solici tor subject to approval by the chief judge of the court. An annual report of the amount of moneys paid into the special fund and the expenditures made therefrom for victims and witnesses assistance programs shall be made to the governing authority of the municipality and to the House State Planning and Community Affairs Committee. (c) Except as otherwise provided in subsection (b) of this section, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective cities and shall be used exclusively to defray the expense of operating such courts and the enforcement of the laws and ordinances relating to and regulating traffic." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Tate of the 38th moved that the Senate agree to the House substitute to SB 335. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen B,,BClruaoryut, onn Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Garner Gillis H,,HHuoargwrgiasirnds, Johnson Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd Ray QS0Stc, uom,t.tb, oatfug3oc,h6t.ih, i ate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Brannon Fincher Foster Fuller Hammill Kennedy Kidd Land McKenzie Scott of 2nd Shumake Starr On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 335. The following resolution of the House was taken up for the purpose of considering the House action thereon: 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. Senator Turner of the 8th moved that the Senate adhere to the Senate substitute to HR 836, and that a Conference Committee be appointed. 2428 JOURNAL OF THE SENATE On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HR 836. The President appointed as a Conference Committee on the part of the Senate the following: Senators Turner of the 8th, Gillis of the 20th and McKenzie of the 14th. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Gillis of the 20th moved that the Senate adhere to the Senate substitute to HB 442, and that a Conference Committee be appointed. On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 442. The President appointed as a Conference Committee on the part of the Senate the following: Senators Gillis of the 20th, Dean of the 31st and Turner of the 8th. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1171. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions. Senate Sponsor: Senator Johnson of the 47th. The Senate Committee on Judiciary offered the following substitute to HB 1171: A BILL To be entitled an Act to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees; to provide for powers, duties, and authority of certain state agency or department heads with respect to the foregoing; to provide for powers, duties, and authority of the State Personnel Board and the commissioner of personnel administration with respect to the foregoing; to provide for the effect of positive test results; to provide for the effect of refusal to provide certain body fluids; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to WEDNESDAY, MARCH 7, 1990 2429 personnel administration, is amended by adding a new article at the end thereof describing random drug testing, to be designated Article 5, to read as follows: "ARTICLE 5 45-20-90. As used in this article, the term: (1) 'Employee' means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority and shall include all such certified employees whether or not such certified employees are covered by the rules and regulations of the State Personnel Board. 'Employee' shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency. (2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Work place Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources. (3) 'High-risk work' means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. (4) 'Illegal drug' means marijuana as defined in paragraph (16) of Code Section 16-1321, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-1321, as amended; a dangerous drug as defined in Code Section 16-13-71, as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term 'illegal drug' shall not include any drug when used pursuant to a valid medical pre scription or when used as otherwise authorized by state or federal law. 45-20-91. (a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority shall determine those positions and groups of positions whose occupants regularly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general pub lic. This Code section shall not be construed to include employees who do not regularly perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work. With regard to positions covered under the classified ser vice of the State Merit System of Personnel Administration, the department head shall con sult with the commissioner of personnel administration before making such determination and shall notify the commissioner of any such determination. 45-20-92. (a) For employees in the classified service of the State Merit System of Per sonnel Administration, the State Personnel Board shall adopt rules to establish: (1) The portion of employees in the high-risk work group that may be selected at ran dom for testing at each testing period; (2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; and (5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information and shall adopt such other rules as it may deem appropriate to carry out the purposes of 2430 JOURNAL OF THE SENATE this article. The board may, in its discretion, delegate to the commissioner of personnel administration such authority as appropriate to carry out the purposes of this article. (b) For all other employees, the department or agency head shall adopt policies to establish: (1) The portion of employees in the high-risk work group that may be selected at ran dom for testing at each testing period; (2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; and (5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information and shall adopt such other policies as such department or agency head may deem appropri ate to carry out the purposes of this article. (c) The commissioner shall establish and maintain a list of those laboratories qualified to conduct established drug tests and shall determine which illegal drugs will be the subject of testing; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds to its urine testing program a minimum of 10 percent blind test specimens. 45-20-93. (a) Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment. (b) Any employee who refuses to provide body fluid, when requested to do so in accor dance with the random drug testing conducted pursuant to this article and administrative rules and regulations promulgated under this article, shall be terminated from his or her employment." Section 2. This Act shall become effective on July 1, 1990. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Broun Burton Coleman Collins Deal Dean Echols Edge Egan Engram Foster Garner Gillis Harris Howard Huggins Johnson Kennedy Land McKenzie Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh WEDNESDAY, MARCH 7, 1990 2431 Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Dawkins Parker Peevy Those not voting were Senators: Allgood Brannon Clay English Fincher Fuller Hammill Kidd Langford Scott of 2nd Shumake Tate On the passage of the bill, the yeas were 41, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1272. By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th and Jackson of the 9th: A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimbursement; to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimbursement of travel expenses. Senate Sponsor: Senator Starr of the 44th. Senator Starr of the 44th offered the following amendment: Amend HB 1272 by striking from lines 12 through 14 of page 1 the following: "to provide that such joint board is authorized to conduct programs to enhance the supply and distribution of physicians in areas of need;". By striking from lines 3 through 5 of page 5 the following: "and conduct programs to enhance the supply and distribution of physicians in areas of need and". On the adoption of the amendment, the yeas were 38, nays 2, 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 Dean Echols Edge Egan Engram Fincher Foster Garner Gillis Harris Howard 2432 JOURNAL OF THE SENATE Muggins Johnson Kennedy L Laanngdford McKenzie Newbill Olmstead Parker Peevy Perry Pr>olnlardJ Ragan of 10th Ragan of 32nd Scott of 36th Starr Stumbaugh Tate m Tayilor Timmons Turner Walker Those not voting were Senators: Bowen Coleman Deal English Fuller Hammill Kidd Phillips Ray Scott of 2nd Shumake Tysinger On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 1243. By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult. Senate Sponsors: Senators Deal of the 49th and Clay of the 37th. The Senate Committee on Judiciary offered the following substitute to HB 1243: 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 definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juve nile is found to have committed a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult or sale of or possession with intent to distribute marijuana or any controlled substance in Schedule I or Schedule II; to provide for discretion of the judge relative to confinement of certain juveniles; to provide for time periods; to provide for secure detention; to provide that the alleged commission of a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult in cases where the child has been found at separate court appearances to have committed acts which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult on three or more previous occasions shall give rise to specified proceedings which may result in the case being transferred to superior court for criminal prosecution; to provide proce dures; to provide for the retransfer of such cases to juvenile court under certain circum- WEDNESDAY, MARCH 7, 1990 2433 stances; 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 Chapter 2 of Title 49, relating to the Department and Board of Human Resources, so as to designate 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 authority of the Department of Youth Services; to provide for the commitment of a delinquent or unruly child to the De partment of Youth Services and for requirements in connection therewith; to make provi sions for a child who has previously been adjudged to have committed an act which is a felony; to provide requirements relative to escape from detention centers; 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 defini tions; to change the provisions relating to development and administration of child welfare and youth services; to delete provisions relating to commitment of children 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 Resources; to repeal a provi sion 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 Sec tion 15-11-4, relating to the Council of Juvenile Court Judges, in its entirety and substitut ing 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; 2434 JOURNAL OF THE SENATE (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 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- WEDNESDAY, MARCH 7, 1990 2435 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 in its entirety paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes: (A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age; (B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the sec ond degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age; (C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; (D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent at separate court appearances for an act which, if done by an adult, would have been the crime of burglary; (E) Trafficking in cocaine, illegal drugs, or marijuana in violation of Code Section 16-1331; (F) Sale of or possession with intent to distribute marijuana or any controlled substance in Schedule I or Schedule II by a juvenile 13 or more years of age; or (G) Any other act which, if done by an adult, would be a felony, if the juvenile commit ting the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies." Section 9. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new subsection (d) to read as follows: "(d) Notwithstanding subsection (c) of this Code section, the court shall order restric tive custody in any case where the juvenile is found to have committed a designated felony act in which: (1) the juvenile inflicted serious physical injury upon another person who is 62 years of age or more; and (2) the juvenile is found to have committed a designated felony 2436 JOURNAL OF THE SENATE act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult; or (3) the juvenile is found to have committed a designated felony act which would have constituted the crime of traf ficking in cocaine, illegal drugs, or marijuana if done by an adult and has previously been found to be delinquent because of commission of an act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult." Section 10. Said chapter is further amended by striking subsections (e) and (g) of Code 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; and provided, further, that if a juvenile has been found to have committed the designated felony act of sale of or possession with intent to distribute marijuana or any controlled substance in Schedule I or Schedule II, the judge shall have the discretion either to order the juvenile to be confined in a youth development center or in a state operated drug treatment program which is certified as secure for a period set by the order but not less than 12 months nor more than 18 months; but upon petition to the committing juvenile court by the drug treatment program, the judge may consider reduction of the length of secure detention previously ordered by the court; (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- WEDNESDAY, MARCH 7, 1990 2437 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." "(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 11. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-11-39.1, relating to the commission of a designated felony act by a child 15 years of age or older, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have consti tuted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of bur glary if done by an adult on three or more previous occasions or if the designated felony act alleged to have been committed would have constituted the crime of trafficking in cocaine, dangerous drugs, or marijuana if done by an adult and the chid has been found at separate court appearances to have committed acts which would have constituted the crime of traf ficking in cocaine, dangerous drugs, or marijuana if done by an adult on three or more previ ous occasions." Section 12. 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 13. 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 2438 JOURNAL OF THE SENATE 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 14. 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 15. 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 Sections 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. 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 WEDNESDAY, MARCH 7, 1990 2439 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 ment 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 or 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- 2440 JOURNAL OF THE SENATE 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 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 WEDNESDAY, MARCH 7, 1990 2441 (4) Place him, if physically 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. (1) (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 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 2442 JOURNAL OF THE SENATE 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 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 officers, 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 WEDNESDAY, MARCH 7, 1990 2443 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. (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 2444 JOURNAL OF THE SENATE 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 16. 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 17. 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 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 18. 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. WEDNESDAY, MARCH 7, 1990 2445 (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.", in its entirety and substituting in lieu thereof the following: "(5) Reserved." Section 19. 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 20. 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 21. Said article is further amended by repealing Code Section 49-5-11, relating 2446 JOURNAL OF THE SENATE 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 22. This Act shall become effective on July 1, 1991. Section 23. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Hammill Harris Howard Muggins Kennedy Land Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Turner Tysinger Walker Voting in the negative were Senators Egan and Johnson. Those not voting were Senators: Brannon Dawkins Fuller Kidd McKenzie Scott of 2nd Shumake Timmons On the passage of the bill, the yeas were 46, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Pollard of the 24th moved that Senator Kidd of the 25th be excused from the Senate today due to illness. On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Kidd of the 25th was excused from the Senate today. WEDNESDAY, MARCH 7, 1990 2447 The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendment to the following resolution of the House: HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others: A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge. The House has disagreed to the Senate amendment to the following bill of the House: 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. The House has disagreed to the Senate substitute to the following bill of the House: HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st: A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions. The House insists on its position in substituting the following bills of the Senate: SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms. SB 750. By Senator Stumbaugh of the 55th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to author ized greater or more favorable benefits. The House has agreed to the Senate amendment to the House amendment to the fol lowing bill of the Senate: SB 595. By Senator Brannon of the 51st: A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council. 2448 JOURNAL OF THE SENATE The House has agreed to the Senate substitutes, as amended by the House, to the fol lowing bills of the House: 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 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 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or op erating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally. The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption: HR 777. By Representatives Thomas of the 69th, Groover of the 99th, Walker of the 115th and Murphy of the 18th: Senate Sponsor: Senator Johnson of the 47th. A RESOLUTION Proposing an amendment to the Constitution so as to provide for waiver of sovereign immunity by enactment of a State Tort Claims Act; to authorize the General Assembly to provide by law for procedures for the making, handling, and disposition of claims and ac tions against the state and its departments, agencies, officers, and employees; to waive sover eign immunity as to actions ex contractu; to provide the circumstances under which officers and employees of the state may be subject to suit; 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 I, Section II of the Constitution is amended by deleting the existing Paragraph IX in its entirety and substituting therefor the following: "Paragraph IX. Sovereign immunity and waiver thereof; claims against the state and its WEDNESDAY, MARCH 7, 1990 2449 departments, agencies, officers, and employees, (a) The General Assembly may waive the state's sovereign immunity from suit by enacting a State Tort Claims Act, in which the General Assembly may provide by law for procedures for the making, handling, and disposi tion of actions or claims against the state and its departments, agencies, officers, and em ployees, upon such terms and subject to such conditions and limitations as the General Assembly may provide. (b) The General Assembly may also provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided therein. (c) The state's defense of sovereign immunity is hereby waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. (d) Except as specifically limited by the General Assembly in a State Tort Claims Act, all state officers and employees may be subject to suit and may be liable for injuries and damages caused by the negligent performance of, or negligent failure to perform, their min isterial functions and may be liable for injuries and damages if they act with actual malice or with actual intent to cause injury in the performance of their official functions. Except as provided in this subparagraph, state officers and employees shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. The provisions of this subparagraph shall not be waived. (e) Except as specifically provided in this Paragraph, sovereign immunity extends to the state and all of its departments and agencies. The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver. (f) No waiver of sovereign immunity under this Paragraph shall be construed as a waiver of any immunity provided to the state or its departments, agencies, officers, or em ployees by the United States Constitution." 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 enact a State Tort Claims Act which provides by law for the handling and disposition of actions and claims against the state and its departments, agencies, officers and employees?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Committee on Judiciary offered the following substitute to HR 777: A RESOLUTION Proposing an amendment to the Constitution so as to provide for waiver of sovereign immunity by enactment of a State Tort Claims Act; to authorize the General Assembly to provide by law for procedures for the making, handling, and disposition of claims and ac tions against the state and its departments, agencies, officers, and employees; to waive sover eign immunity as to actions ex contractu; to provide the circumstances under which officers and employees of the state may be subject to suit; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 2450 JOURNAL OF THE SENATE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article I, Section II of the Constitution is amended by deleting the existing Paragraph IX in its entirety and substituting therefor the following: "Paragraph IX. Sovereign immunity and waiver thereof; claims against the state and its departments, agencies, officers, and employees, (a) The General Assembly may waive the state's sovereign immunity from suit by enacting a State Tort Claims Act, in which the General Assembly may provide by law for procedures for the making, handling, and disposi tion of actions or claims against the state and its departments, agencies, officers, and em ployees, upon such terms and subject to such conditions and limitations as the General Assembly may provide. (b) The General Assembly may also provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided therein. (c) The state's defense of sovereign immunity is hereby waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. (d) Except as specifically provided by the General Assembly in a State Tort Claims Act, all officers and employees of the state or its departments and agencies may be subject to suit and may be liable for injuries and damages caused by the negligent performance of, or negli gent failure to perform, their ministerial functions and may be liable for injuries and dam ages if they act with actual malice or with actual intent to cause injury in the performance of their official functions. Except as provided in this subparagraph, officers and employees of the state or its departments and agencies shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. The provisions of this subparagraph shall not be waived. (e) Except as specifically provided in this Paragraph, sovereign immunity extends to the state and all of its departments and agencies. The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver. (f) No waiver of sovereign immunity under this Paragraph shall be construed as a waiver of any immunity provided to the state or its departments, agencies, officers, or em ployees by the United States Constitution." 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 to provide that the General Assembly may authorize lawsuits against the state and its departments, agencies, offleers, and employees and to provide how public officers and employees may and may not be held liable in court?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. On the adoption of the substitute, the yeas were 34, nays 5, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. WEDNESDAY, MARCH 7, 1990 2451 On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Fincher . Foster Gillis Hammill Harris Huggins Johnson Kennedy Land McKenzie Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Starr Tate Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Allgood Barnes Engram Garner Howard Langford Newbill Parker Peevy Those not voting were Senators: Brannon Dawkins Fuller Kidd (excused) Stumbaugh On the adoption of the resolution, the yeas were 42, nays 9. The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the follow ing bill 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 for judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court. 2452 JOURNAL OF THE SENATE The following resolution of the House was read and put upon its adoption: HR 1074. By Representatives Murphy of the 18th, Connell of the 87th, Groover of the 99th and others: A resolution relative to adjournment by the General Assembly at 10:00 o'clock P.M. on Wednesday, March 7, and to reconvene at 10:00 o'clock A.M. on Friday, March 9. Senators Allgood of the 22nd and Kennedy of the 4th offered the following amendment: Amend HR 1074 by striking on line 3: "10:00 P.M." and inserting in lieu thereof: "12:00 Midnight"; and by striking on line 4: "reconvene at 10:00 A.M." and inserting in lieu thereof: "reconvene at 9:00 A.M." On the adoption of the amendment, the yeas were 42, nays 4, and the amendment was adopted. On the adoption of the resolution, the yeas were 46, nays 3. The resolution, having received the requisite constitutional majority, was adopted as amended. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: 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. The House amendment was as follows: Amend the Senate substitute to HB 1317 by striking lines 16 through 22 on page 2 and inserting in lieu thereof the following: "Code Section 49-5-183; provided, however, that the reasonable use of traditional forms of discipline, including but not limited to ordinary spanking or paddling, shall not be deemed to be child abuse;". Senator Baldwin of the 29th moved that the Senate disagree to the House amendment to the Senate substitute to HB 1317. On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1317. WEDNESDAY, MARCH 7, 1990 2453 The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: 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. The House amendment was as follows: Amend the Senate substitute to HB 1318 by striking lines 10 through 15 on page 2 and inserting in lieu thereof the following: "means; provided, however, that reasonable use of traditional forms of discipline, in cluding but not limited to ordinary spanking and paddling, shall not be deemed to be child abuse;". Senator Baldwin of the 29th moved that the Senate disagree to the House amendment to the Senate substitute to HB 1318. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1318. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: 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. The House amendment was as follows: Amend the Senate substitute to HB 1319 by striking lines 1 through 6 on page 2 and inserting in lieu thereof the following: "means; provided, however, that the reasonable use of traditional forms of discipline, including but not limited to ordinary spanking or paddling, shall not be deemed to be child abuse;". Senator Baldwin of the 29th moved that the Senate disagree to the House amendment to the Senate substitute to HB 1319. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1319. 2454 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 462. By Senators Edge of the 28th, Baldwin of the 29th, Peevy of the 48th and others: A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption pro ceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effec tive date. The House amendment was as follows: Amend SB 462 by striking all the language from lines 3 through 5 of page 2 and in serting in lieu thereof the following: "Section 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all actions filed on or after the effective date of this Act and to all actions pending on such date in which a final order has not been entered. (b) The provisions of this Act shall remain in effect until the effective date of SB 443 adopted during the 1990 session of the General Assembly, at which time the provisions of SB 443 shall supersede the provisions of this Act." Senator Edge of the 28th moved that the Senate agree to the House amendment to SB 462. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Taylor Turner Walker Those not voting were Senators: Albert Allgood Bowen Brannon Dawkins Fuller Hammill Kidd (excused) Peevy Phillips Scott of 2nd Stumbaugh limmons Tysinger On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 462. WEDNESDAY, MARCH 7, 1990 2455 The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 544 was as follows: A BILL To be entitled an Act to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, or distribute a counterfeit or false proof of insur ance document; to make it unlawful for any person to possess a counterfeit or false proof of insurance document; to define a certain term; to specify when a proof of insurance docu ment 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, or distribute a counterfeit or false proof of insurance document. (2) It shall be unlawful for any person to possess a counterfeit or false proof of insur ance document. (3) A proof of insurance document shall be deemed counterfeit or false if the proof of insurance document has been altered, modified, or originally issued in any manner which contains false information concerning the insurer, the owner, the motor vehicle, or the insur ance thereon. (c) (1) Any person who violates paragraph (1) of subsection (b) of this Code section on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of 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. (2) Any person who violates paragraph (2) of subsection (b) of this Code section shall be guilty of a misdemeanor." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Land of the 16th moved that the Senate agree to the House substitute to SB 544. 2456 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Barker Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Gillis Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Albert Allgood (excused) BBraaldnwnoinn Dawkins Foster Fuller Garner ,,Hammi.l.l. Kennedy (excused) Kidd (excused) Phillips Scott of 2nd S,,,humak. e Starr (excused) Turner On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 544. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1660. By Representatives Kingston of the 125th and Dixon of the 128th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to authorize a county board of equalization by regulation to establish a notice of appeal filing fee not to exceed $20.00. Senate Sponsor: Senator Coleman of the 1st. The Senate Committee on Banking and Finance offered the following amendment: Amend HB 1660 by inserting between "shall" and "institute" on line 17 of page 2 the following: ", within 21 days following his receipt of such notice,". 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. WEDNESDAY, MARCH 7, 1990 2457 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Broun JC*luarytam Coleman Collins Dean Echols Edge Egan English Engram Fincher Garner Gfflis Harris "Huogwgamrds JohLn Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan Of 32nd j^y S0,cott o,f 36th ^um*ke . Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Albert Allgood (excused) Brannon Dawkins Deal Foster Fuller Hammill Kennedy (excused) Kidd (excused) Parker Phillips Scott of 2nd Starr (excused) Turner On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 251. By Representatives Robinson of the 96th and Bishop of the 94th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to include in the definition of "prose cuting attorney" a person who serves on a full-time basis as a district attorney. Senate Sponsor: Senator Peevy of the 48th. The report of the committee, which was favorable to passage of the bill, was agreed to. 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 Bames Bowen Broun Burton Clay Coleman Collins Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker 2458 JOURNAL OF THE SENATE Those not voting were Senators: Albert Allgood (excused) Brannon Dawkins Deal Hammill Kennedy (excused) Kidd (excused) Phillips Scott of 2nd Starr (excused) On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 357. By Senator Johnson of the 47th: A bill to amend an Act placing the sheriff of Hart County upon an annual salary, as amended, so as to change certain provisions relating to the compensation of the sheriff; to provide an effective date. The House substitute to SB 357 was as follows: A BILL To be entitled an Act to amend an Act placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), as amended, so as to change certain provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: "Section 2. The sheriff shall receive an annual compensation in the same amount as provided for in Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended. There shall also be added to the total compensation of the sheriff as computed under said Article 1 additional compensation in the amount of $3,000.00. Such additional compensation shall not be included or in any manner utilized for the purpose of computing the amount of any costof-living increase or longevity increase to which the sheriff may be entitled under said Arti cle 1. Such compensation shall be payable in equal monthly installments from the funds of Hart County." 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. Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 357. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 357. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 358. By Senator Johnson of the 47th: A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide an effective date. WEDNESDAY, MARCH 7, 1990 2459 The House substitute to SB 358 was as follows: A BILL To be entitled an Act to amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, is amended by striking subsection (a) of Section 6 and inserting in its place a new subsection (a) to read as follows: "(a) The tax commissioner shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the purpose of computing the total annual compensation of the tax commissioner, such compensation shall not include any amounts received by the sheriff as additional compensation pursuant to a local Act enacted by the General Assembly. Such compensation shall be payable in equal monthly install ments from the funds of Hart County. This section shall not be construed to reduce the compensation received by the tax commissioner in office on January 1, 1990. In the event this section provides for lower compensation for that officer than that officer received on January 1, 1990, such officer shall continue to receive compensation in the same amount as provided for on January 1, 1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive." 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. Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 358. On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 358. The following local bill of he Senate was taken up for the purpose of considering the House substitute thereto: SB 359. By Senator Johnson of the 47th: A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date. The House substitute to SB 359 was as follows: A BILL To be entitled an Act to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28,1966 (Ga. L. 1966, p. 2285), as amended, so as to change the provisions relating to the compensa tion of the clerk of the superior court and the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2460 JOURNAL OF THE SENATE 2285), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: "Section 2. The clerk of the superior court shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chap ter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the purpose of computing the total annual compensation of the clerk of the superior court, such compensa tion shall not include any amounts received by the sheriff as additional compensation pur suant to a local Act enacted by the General Assembly. Such compensation shall be payable in equal monthly installments from the funds of Hart County. This section shall not be construed to reduce the compensation received by the clerk of the superior court in office on January 1, 1990. In the event this section provides for lower compensation for that officer than that officer received for on January 1, 1990, such officer shall continue to receive com pensation in the same amount as provided for on January 1, 1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive." Section 2. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: "Section 3. The judge of the probate court shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chap ter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the purpose of computing the total annual compensation of the judge of the probate court, such compensa tion shall not include any amounts received by the sheriff as additional compensation pur suant to a local Act enacted by the General Assembly. Such compensation shall be payable in equal monthly installments from the funds of Hart County. This section shall not be construed to reduce the compensation received by the judge of the probate court in office on January 1, 1990. In the event this section provides for lower compensation for that officer than that officer received on January 1, 1990, such officer shall continue to receive compen sation in the same amount as provided for on January 1,1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive." Section 3. This Act shall become effective on July 1, 1990. Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 359. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 359. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1294. By Representatives Porter of the 119th, Barfoot of the 120th, Oliver of the 53rd and others: A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide training requirements for judges of municipal courts; to provide for payment of training costs; to create the Georgia Municipal Courts Training Council to administer the training of municipal judges. Senate Sponsor: Senator Peevy of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, MARCH 7, 1990 2461 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Broun BCC/-,l,oualryetomnan Collins Deal Dean Echols Edge English Engram Foster Gilli8 Harris HuHLauongwdgam.rds Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd p^ 0SS_ ccoo.tt,tt ooeff..302.6ndAth, Stumbaugh Tate Taylor Timmons Tysinger Those not voting were Senators: Albert Allgood (excused) Brannon Dawkins Egan Fincher Fuller Garner Hammill Johnson Kennedy (excused) Kidd (excused) Parker Phillips Shumake Starr (excused) Turner Walker On the passage of the bill, the yeas were 38, 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 amendments thereto: 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. The House amendments were as follows: Amendment No. 1: Amend SB 534 by striking lines 7 through 10 of page 5 and inserting in lieu thereof the following: "Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all matters that are pending as of its effective date, including such matters as are the subject of an appeal or judicial review and such appeal or judicial review is in process only if the court in which they are pending and counsel for the petitioner for review are specifically notified of the passage of this Act. The time as to such pending matters will begin to run upon the mailing by United 2462 JOURNAL OF THE SENATE States certified mail of the notice provided for herein which mailing may not be made before the effective date of this Act." Amendment No. 2: Amend SB 534 by adding in the title on line 16 of page 1 between the first semicolon and the word "to" the following: "to amend Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, so as to provide that upon the approval, modification, or revocation of a permit for handling solid waste, and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal facility or site is located or to be located;". By adding between lines 6 and 7 on page 5 a new Section 3 to read as follows: "Section 3. Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, is amended by adding at the end thereof a new subsection (h) to read as follows: '(h) Upon the approval, modification, or revocation of a permit pursuant to this Code section and at the time that notification is sent to the applicant or permit holder, the direc tor shall send a copy of such notification to the legal organ of the county or counties wherein the disposal facility or site is located or to be located.'" By renumbering Sections 3 and 4 on page 5 as Sections 4 and 5, respectively. Senator Ray of the 19th moved that the Senate agree to the House amendments to SB 534. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Bowen Broun English Engram Fincher Gfflis Harris ^u.rton CCD,0oawlfhkn^ isns Dean Echols Edge Egan goward J?LoaUhvnnfdgsmonS Langford McKenzie Olmstead Parker Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd SStcuomttboafug3h6, th Tate Taylor Timmons Tysinger Voting in the negative was Senator Clay. Those not voting were Senators: Albert Allgood (excused) ^ra?non Deal Foster Fuller Garner Hammill ?,nn, e,dy (eXTed) Kidd (excused) Newbill Peevy Phillips Shumake Stair (excused) Turner Walker WEDNESDAY, MARCH 7, 1990 2463 On the motion the yeas were 38, nays 1; the motion prevailed and the Senate agreed to the House amendments to SB 534. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1692. By Representatives Jamieson of the llth, Dover of the llth, Irwin of the 13th and others: A bill to amend an Act creating the Northeast Georgia Surface and Air Trans portation Commission, approved March 30, 1989, so as to provide for an addi tional member county, to provide for additional members of the commission. 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: Baldwin Barker Barnes Bowen 5ro"n Burton CC~ool,llyeinmgan Dawkins Deal Dean Echols Edge Egan English Engram Foster Gillis Hammill Harris H,,Huogwgamrds Johnson Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray S0Sccootttt ooff,. 32,,6n.,dt,h Shumake Stumbaugh Tate Taylor Timmons Tysinger Those not voting were Senators: Albert Allgood (excused) Brannon Fhicher Fuller Garner Kennedy (excused) Kidd (excused) Parker Phillips Starr (excused) Turner Walker On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Ray of the 19th. 2464 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: Barker Bames Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Tysinger Those not voting were Senators: Albert Allgood (excused) Baldwin Brannon Clay Kennedy (excused) Kidd (excused) Phillips Scott of 2nd Stair (excused) Turner Walker On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 553. By Senator Deal of the 49th: A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical malpractice claims in volving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for leg islative findings; to provide for definitions. The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House: HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd: A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of WEDNESDAY, MARCH 7, 1990 2465 the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof. The Speaker has appointed on the part of the House, Representatives Poston of the 2nd, Groover of the 99th and Thomas of the 69th. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 628. By Senators Olmstead of the 26th, Harris of the 27th, Barker of the 18th and others: A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review procedures, so as to change certain time periods for hearings for applica tions for a project. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1742. By Representative Godbee of the 110th: A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removals prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer. Senate Sponsor: Senator Ragan of the 32nd. The Senate Committee on Human Resources offered the following substitute to HB 1742: A BILL To be entitled an Act to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, is amended by striking sub section (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Every complete upper and lower denture and removable dental prosthesis fabricated on or after July 1, 1990, by a dentist licensed in Georgia shall be marked with the name or social security number of the patient for whom it is intended. The marking shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the marking and the methods used to apply or implant it shall be deter mined by the dentist." Section 2. All laws and parts of laws in conflict with this Act are repealed. 2466 JOURNAL OF THE SENATE Senator Parker of the 15th offered the following amendment: Amend the substitute to HB 1742 offered by the Senate Committee on Human Re sources by adding after the word and symbol "wearer;" on line 6 of page 1 the following: "to provide that nursing homes shall notify residents and their representatives of viola tions of rules and regulations;". By inserting between lines 23 and 24 of page 1 the following: "Section 2. Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate institutions, is amended by adding 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 and their representatives advising them of any viola tions by the facility which result in decertification or loss of licensure by the facility.'" By renumbering Section 2 as Section 3. On the adoption of the amendment, the yeas were 34, nays 9, and the amendment was adopted. On the adoption of the substitute, the yeas were 35, nays 2, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barker Barnes Broun B^011 Clay CCoollleimnsan Dawkins Deal Dean Echols Edge Egan English Engram Foster Garner Gillis Hammill HHuargrgisins Land Langford McKenzie Newbill Olmstead Parker Those not voting were Senators: Peevy Perry Pollard Ragan of loth Ragan of 32nd n S0 coy.t.t of,, ,,36..t,h Stumbaugh Tate Taylor Timmons Tysinger Walker Albert Allgood (excused) Bowen Brannon Fincher Fuller Howard Johnson Kennedy (excused) Kidd (excused) Phillips Scott of 2nd Shumake Starr (excused) Turner On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 7, 1990 2467 HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th and others: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system edu cator has committed certain designated crimes under Georgia law. Senate Sponsors: Senators Peevy of the 48th and Edge of the 28th. The Senate Committee on Special Judiciary offered the following substitute to HB 1521: A BILL To be entitled an Act to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the local board of education upon receiving information that any school system educator has commit ted certain designated crimes under Georgia law; to require the local board of education to transmit such report to the commission if such local board determines that an investigation is warranted; to provide that the commission shall investigate on the basis of such written report and make recommendations to the applicable local board of education and the State Board of Education in conformity with the commission's authority; to provide for expunging such reports from the record of an exonerated educator; to provide that willful failure of such designated administrators to make written reports or investigation requests shall con stitute grounds for commission investigation and recommendations as to the administrator; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, is amended by adding after Code Section 20-2-795 a new Code Section 20-2-795.1 to read as follows: "20-2-795.1. (a) Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report from any identified school system personnel, parent or custodian of a child enrolled in the school system that any school system educator employed by the local unit of administration has committed any of the following specifically identified crimes: (1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnap ping, as defined in Chapter 5 of Title 16; (2) Any sexual offense, as provided for in Chapter 6 of Title 16, or any sexual exploita tion of a minor as provided for in Code Section 16-12-100; (3) Any offense involving marijuana or a controlled substance, as provided for in Chap ter 13 of Title 16; (4) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or (5) Unlawfully operating a motor vehicle after being declared a habitual violator, for violating Code Section 40-5-54, Code Section 40-6-391, Code Section 40-6-392, or Code Sec tion 40-6-394 or any combination. If the local board of education determines that the reported matters warrant investigation, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the Professional Practices Com mission with a request for investigation. The commission shall investigate and make recom- 2468 JOURNAL OF THE SENATE mendations on such reported matters in accordance with Code Sections 20-2-796 and 20-2797. If the Professional Practices Commission finds that no probable cause exists to recom mend disciplinary action or the educator investigated is exonerated after a hearing before the Department of Education or the State Board of Education, then all records of the Pro fessional Practices Commission investigation and of any hearing by the Department of Edu cation or the State Board of Education, including all reports received pursuant to subsection (a) of this Code section, made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged. (b) The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and name of any and all known witnesses; and, in so reporting, the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. However, the willful failure of any of such local school system administrators to comply with subsection (a) of this Code section shall be grounds for the commission's rec ommending to the local board of education or the State Board of Education, or both, impo sition on the administrator of any of the disciplinary actions set forth in Code Section 20-2797. The reporting requirements set forth in this Code section are in addition to and not a substitute for any and all other reporting requirements related to child abuse which exists under Georgia law." Section 2. 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 HB 1521 offered by the Senate Committee on Special Judici ary by inserting between lines 19 and 20 of page 1 the following: "to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change the qualifications and disqualifica tions for membership on the board; to provide for applicability;". By inserting after line 33 of page 3 the following: "Section 1.1. Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to the State Board of Education, is amended by striking Code Section 20-2-4, relating to qualifications and disqualifications, and inserting in lieu thereof a new Code Sec tion 20-2-4 to read as follows: '20-2-4. (a) The members of the State Board of Education shall be citizens of this State who have resided in Georgia continuously for at least five years preceding their appoint ment. No person employed or retained in a professional capacity by a private or public educational institution or local school board or by the Department of Education nor any partner, associate, or employee of any such person shall be eligible for appointment or to serve on the state board. No person who is or has been, within the previous two years, connected with or employed by a schoolbook publishing concern or by any person, which sells or has, within the previous two years, sold any school related goods or services directly to students of any public or private educational institution on school premises shall be eligi ble for membership on the state board and, if any person shall be so connected or employed after becoming a member of the state board, his place shall immediately become vacant. (b) Any member of the board, for himself or on behalf of any business in which he or any member of his family has a substantial interest, as defined in Code Section 45-10-20, who transacts business with any public or private educational institution shall disclose prior to January 31 of each year to the Secretary of State on appropriate forms an itemized list of the previous year's transactions, which disclosure statements shall be public records.' Section 1.2. Section 1.1 of this Act shall not apply to or disqualify any current members of the State Board of Education during their current term who were otherwise qualified at the time of appointment to serve on the state board prior to enactment of this Act." WEDNESDAY, MARCH 7, 1990 2469 On the adoption of the amendment, the yeas were 33, nays 0, and the amendment of fered by Senator Deal of the 49th to the substitute to HB 1521 offered by the Senate Com mittee on Special Judiciary was adopted. Senator Edge of the 28th offered the following amendment: Amend the substitute to HB 1521 offered by the Senate Committee on Special Judici ary by striking on page 3, line 6, beginning with the word "before" through the word "Edu cation" on line 7 of page 3. On the adoption of the amendment, the yeas were 30, nays 0, and the amendment of fered by Senator Edge of the 28th to the substitute to HB 1521 offered by the Senate Com mittee on Special Judiciary 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. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Allgood (excused) Barker Brannon Egan Fuller Johnson Kennedy (excused) Kidd (excused) Phillips Ragan of 32nd Starr (excused) On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 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 2470 JOURNAL OF THE SENATE such association; to provide for classes of assessments and the method of com puting such assessments. Senate Sponsor: Senator Taylor of the 12th. The Senate Committee on Insurance offered the following amendment: Amend HB 1710 by inserting "or contracts" between "policies" and "covered" on line 2 of page 3. On the adoption of the amendment, the yeas were 33, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Engrain Fincher Foster Garner Gillis Hammill Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Tysinger Walker Those not voting were Senators: Allgood (excused) Brannon Deal Fuller Harris Kennedy (excused) Kidd (excused) Phillips Starr (excused) Turner 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 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. Senate Sponsor: Senator Dawkins of the 45th. WEDNESDAY, MARCH 7, 1990 2471 The Senate Committee on Judiciary offered the following substitute to HB 1098: A BILL To be entitled an Act 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, so as to pro vide that funds or benefits of certain individual retirement accounts shall be exempt from garnishment except under certain specified conditions; to change certain provisions regard ing the applicability of the exemption of certain funds or benefits from a pension or retire ment program from garnishment; to repeal Code Section 18-4-22.1, relating to an exemption from garnishment for certain funds or benefits of a pension, retirement, or employee benefit plans or programs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment, is amended by striking Code Sec tion 18-4-22, relating to the exemption from garnishment of certain pension or retirement funds or benefits, and inserting in its place a new Code Section 18-4-22 to read as follows: "18-4-22. (a) Funds or benefits from a pension or retirement program as defined in 29 U.S.C. Section 1002 (2) (A) or funds or benefits from an individual retirement account as dedined in Section 408 of the United States Internal Revenue Code of 1986, as amended, shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or other wise transferred to the member or beneficiary, shall be exempt from the process of garnish ment only to the extent provided in Code Section 18-4-20 for other disposable earnings, unless a greater exemption is otherwise provided by law. (b) The exemption provided by this Code section shall not apply when the garnishment is based upon a judgment for alimony or for child support, in which event such funds or benefits shall then be subject to the process of garnishment to the extent provided in sub section (f) of Code Section 18-4-20. (c) Nothing in this Code section shall prohibit the attachment or alienation of welfare benefits as defined in 29 U.S.C. Section 1002(1) in the control of an administrator of trustee." Section 2. Said article is further amended by repealing Code Section 18-4-22.1, relating to the exemption from garnishment of certain funds or benefits of pension, retirement, or employee benefit plans and programs, which reads as follows: "18-4-22.1. Funds or benefits of a pension, retirement, or employee benefit plan or pro gram subject to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended, shall not be subject to the process of garnishment (1) until such funds or benefits are currently due and payable or transferable to a member of such plan or program or to a beneficiary thereof and (2) unless such garnishment is based upon a judgment for alimony or for child support, in which event such funds or benefits shall then be subject to t2h0e."process of garnishment to the extent provided in subsection (d) of Code Section 18-4- 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 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. 2472 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 Baldwin Barnes Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Garner Gillis Hammill Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Allgood (excused) Barker Brannon Broun Harris Howard Kennedy (excused) Kidd (excused) Phillips Scott of 2nd Starr (excused) On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1677. By Representatives Ray of the 98th, Adams of the 79th and Jenkins of the 80th: A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," so as to change the definition of financial responsibility as it applies to habitual violators. Senate Sponsor: Senator Barker of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen roun Engrain Fincher Foster Fuller Gillis Hammill Peevy Perry Phillips Pollard Ragan of 10th Ray ^uarton /CDio-ailwliiLknis.ns Dea] Dean Echols Edge Egan English Harris Howard Huggins Johnson Langford McKenzie Newbill Olmstead Parker Scott of 36th SS0 htuummb,aakuegh, Tate Taylor Timmons Turner Tysinger Walker WEDNESDAY, MARCH 7, 1990 2473 Those not voting were Senators: Allgood (excused) Brannon Coleman Garner Kennedy (excused) Kidd (excused) Land Ragan of 32nd Scott of 2nd Starr (excused) On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Barker of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Bowen BBruorutonn Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Gilhs HHoamwamrdill Huggins Johnson Kennedy Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of i0th R of 32nd pj faor*ti ,{, ,,3,6,,t,h Shumake Stumbaugh Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Brannon Coleman Garner Harris Kidd (excused) Land McKenzie Scott of 2nd Starr On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 2474 JOURNAL OF THE SENATE with proceeds from the manufacture, distribution, or sale of controlled sub stances or marijuana; to provide for disposition of such real property. Senate Sponsors: Senators Kennedy of the 4th and Deal of the 49th. The Senate Committee on Judiciary offered the following substitute to HB 1223: A BILL To be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to substan tially revise the provisions relating to forfeitures; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide for duties and powers of the director of the Georgia Drugs and Narcotics Agency and agents, drug agents, law enforce ment officers, sheriffs, and prosecuting attorneys; to provide for service of process and no tices; to provide that certain property taken or detained is not subject to replevin, convey ance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of property; to provide for inven tory and estimates of value; to provide for claims, hearings, and the determination of rights and interests in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interests therein; to provide for jurisdiction and power of courts and the judges thereof; to provide that certain substances shall be forfeited to the state; to provide for the nonabatement of certain causes of action and forfeitures; to provide a statement of intent; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," is amended by striking Code Section 16-13-49, relating to forfeitures, which reads as follows: "16-13-49. (a) The following are subject to forfeitures: (1) All controlled substances and marijuana which have been manufactured, distrib uted, dispensed, held, or acquired in violation of this article; (2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or marijuana in violation of this article; (3) All property which is used, or intended for use, as a container for property described in paragraphs (1) and (2) of this subsection; (4) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, hold, conceal, or in any manner to facilitate the transportation, for the purpose of sale or receipt, of property described in paragraph (1) or (2) of this subsection, but: (A) No conveyance used by any person as a common carrier in the transaction of busi ness as a common carrier is subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this article; (B) No conveyance is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; (C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject WEDNESDAY, MARCH 7, 1990 2475 to the interest of the secured party if he neither had knowledge of nor consented to the act or omission; (D) No conveyance is subject to forfeiture under this Code section for violations which involve no controlled substances and four ounces or less of marijuana; (5) All books, records, and research products and materials, including formulas, micro film, tapes, and data, which are used, or intended to be used, in violation of this article; (6) All moneys, negotiable instruments, securities, or other things of value, furnished or intended to be furnished by any person in exchange for a controlled substance or marijuana in violation of this chapter, all proceeds traceable to such an exchange, all moneys, negotia ble instruments, securities, or other things of value used to facilitate any violation of this chapter and all moneys, negotiable instruments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other property which is subject to forefeiture under this subsection and which otherwise has been used, or intended for use, to facilitate the unlawful manufacture, distribution, dispensing, or posses sion of a controlled substance or marijuana; and (7) All objects and materials distributed in violation of Code Section 16-13-32.1 or pos sessed in violation of Code Section 16-13-32.2. (b) Property subject to forfeiture under this article may be seized by the director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy or by any law enforcement officer of this state or any political subdivi sion thereof who has the power to make arrests and whose duty is to enforce this article, upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if: (1) The seizure is incident to an arrest or a search under a search warrant or an inspec tion under an inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article; (3) The director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy have probable cause to believe that the property is directly dangerous to health or safety; or (4) The director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in this subsection have probable cause to believe that the property was used or is intended to be used in violation of this article. (c) In the event of seizure pursuant to subsection (b) of this Code section, proceedings under subsection (d) shall be instituted promptly. (d) (1) Property taken or detained under this Code section shall not be subject to re plevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that acts prohibited by this article took place, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the director of the Georgia Drugs and Narcotics Agency or duly authorized agents, drug agents, or law enforcement officers seizing such property shall: (A) Place the property under seal; (B) Remove the property to a place designated by the judge of the superior court as set out above; or (C) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and re move it to an appropriate location for disposition in accordance with law. (2) (A) Notwithstanding the provisions of paragraph (1) of this subsection, the district attorney shall be authorized to deposit seized currency in an interest-bearing account in a 2476 JOURNAL OF THE SENATE financial institution in this state. Any accrued interest on currency deposited shall follow the principal in any judgment with respect thereto. (B) Photographs, photocopies, or videotapes of any currency seized and deposited pur suant to subparagraph (A) of this paragraph, duly identified in writing hy the law enforce ment officer originally taking custody of the currency as accurately representing such cur rency, shall be admissible at trial in lieu of the original currency. (e) When an article, equipment, controlled substance, conveyance, or other property is seized under this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, within ten days thereof, to the district attorney of the judi cial circuit having jurisdiction in the county where the seizure was made. Within 30 days from the date he receives notice of the seizure, the district attorney of the judicial circuit, or the director on his behalf shall cause to be filed in the superior court of the county in which the property is seized or detained an action for condemnation of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner or lessee, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that mer chandise. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid ser vice, notice of the proceedings shall be published once a week for two weeks in the newspa per in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized merchan dise as provided for in this Code section. If the court determines that a claimant defending the action knew or by the exercise of ordinary care should have known that the merchandise was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposition of the seized merchandise as provided herein and that claimant shall have no claim upon the merchandise or proceeds from the sale thereof. In the event more than one county shall have the right to file condemnation proceedings, then the county wherein the actual physical seizure was made shall take precedence over other coun ties or jurisdictions which may have claims pursuant to this article. (f) (1) Except as otherwise provided in this subsection, when property is forfeited under this article, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that acts prohibited by this article took place may: (A) Retain it for official use by any agency of this state or any political subdivision thereof; (B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including the expenses of seizure, maintenance of custody, advertis ing, and court costs; or WEDNESDAY, MARCH 7, 1990 2477 (C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law. (2) (A) Money and currency which is forfeited or which is realized from the sale or disposition of forfeited property shall after payment of all costs of court vest in the local political subdivision whose law enforcement officers seized it. If the money, currency, or property was seized by a municipal law enforcement agency then the money, currency, or proceeds shall vest in that municipality. If the money, currency, or property was seized by a county law enforcement agency, then the money, currency, or proceeds shall vest in that county. If the money, currency, or property was seized by joint action of a county law en forcement agency and a municipal law enforcement agency, then the money, currency, or proceeds shall vest in that county and that municipality and shall be divided equally be tween the county and municipality. If the money, currency, or property was seized by a state law enforcement agency, then the money, currency, or proceeds shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection for payment of all costs of court, the local government in which the money, currency, or proceeds of forfeited property vests shall ex pend or use such funds to defray the cost of complex investigations, to purchase equipment, to provide matching funds to obtain federal grants, and for such other law enforcement purposes as the governing authority of the county or municipality deems appropriate except that none of such money and currency shall be used to pay all or part of the salaries of law enforcement personnel. The governing authority may, in its discretion, limit the amount of all such money and currency expended for such law enforcement purposes during any calen dar year to $20,000.00. The remainder of such money and currency, if any, received by the governing authority during any calendar year may be expended for any other public purposes. (B) Any law enforcement agency receiving money or currency which is forfeited or real ized from the sale or disposition of forfeited property shall submit a report to the governing authority of the county or municipality on or before the tenth day of the following month of each calendar quarter itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds. The law enforcement agency shall also submit an annual report to the governing authority of the county or municipality on the first day of July itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds during the previous 12 months. (g) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this article are contraband and shall be seized and summarily forfeited to the state. Controlled substances in Schedule I which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be sum marily forfeited to the state. (h) Species of plants from which controlled substances in Schedules I and II may de rive, which have been planted or cultivated in violation of this article, or of which the own ers or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state. (i) Upon demand by the director of the Georgia Drugs and Narcotics Agency, duly au thorized agents, drug agents, or law enforcement officers as set forth in subsection (b) of this Code section, the failure of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registra tion, or proof that he is the holder thereof, constitutes authority for the seizure and forfei ture of the plants. (j) Upon an ex parte application of the district attorney or the sheriff of the county in which property was seized, the court may order an amount, not to exceed one-fourth of the proceeds of the sale of property forfeited under this Code section, to be paid to any person furnishing information which led to the seizure of the property. The court shall specify the method in which the payment shall be made so as to protect the identity of the informer.", 2478 JOURNAL OF THE SENATE and inserting in lieu thereof a new Code Section 16-13-49 to read as follows: "16-13-49. (a) As used in this Code section, the term: (1) 'Enterprise' means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws of this state, of the United States or any of the several states of the United States, or of any foreign nation or a group of individ uals associated in fact although not a legal entity and includes illicit as well as licit enter prises and governmental as well as other entities. (2) 'Governmental agency' means any department, office, council, commission, commit tee, authority, board, bureau, or division of the executive, judicial or legislative branch of a state, the United States, or any political subdivision thereof. (3) 'Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in property. (4) 'Owner' means a person, other than an interest holder, who has an interest in prop erty and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. (5) 'Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. (6) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal prop erty, including but not limited to currency, instruments, securities, or any other kind of privilege, interest, claim, or right. (7) 'United States' includes its territories, possessions, and dominions and the District of Columbia. (b) (1) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought: (A) In the case of an in rem action, by the district attorney for the judicial circuit where the property is located; (B) In the case of an in personam action, by the district attorney for the judicial circuit in which the defendant resides; or (C) By the district attorney having jurisdiction over any oflfense which arose out of the same conduct which made the property subject to forfeiture. Such district attorney may bring an action pursuant to this Code section in any superior court of this state. (2) If more than one district attorney has jurisdiction to file an action pursuant to this Code section, the district attorney having primary jurisdiction over a violation of this article shall, in the event of a conflict, have priority over any other district attorney. (3) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions. (c) An action for forfeiture brought pursuant to this Code section shall be tried: (1) If the action is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction; (2) If the action is in rem against tangible or intangible personal property, in any county where the property is located or will be during the pendency of the action; or (3) If the action is in personam, as provided by law. WEDNESDAY, MARCH 7, 1990 2479 (d) The following are declared to be contraband and no person shall have a property right in them; (1) All controlled substances, raw materials, or controlled substance analogs that have been manufactured, distributed, dispensed, possessed, or acquired in violation of this article; (2) All property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom; (3) All property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom; (4) All weapons possessed, used, or available for use in any manner to facilitate a viola tion of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year; (5) Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom; and (6) All moneys, negotiable instruments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other property which is subject to forfeiture under this subsection. (e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder: (1) Is not legally accountable for the conduct giving rise to its forfeiture, did not con sent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur; (2) Had not acquired and did not stand to acquire substantial proceeds from the con duct giving rise to its forfeiture other than as an interest holder in an arm's length commer cial transaction; (3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture; (4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (5) Acquired the interest: (A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (B) After the completion of the conduct giving rise to its forfeiture, acquired the interest: (i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and (iii) At the time the interest was acquired, was reasonably without cause to believe that 2480 JOURNAL OF THE SENATE the property was subject to forfeiture or likely to become subject to forfeiture under this article. With respect to a conveyance for transportation only, a property interest in such conveyance shall not be subject to forfeiture under this Code section for a violation which involved the possession of four ounces or less of marijuana. (f)(l) Property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or any duly authorized agents or drug agents of this state or by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be is sued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable. (2) Property which is subject to forfeiture under this Code section may be seized with out process if there is probable cause to believe that the property is subject to forfeiture under this article and the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant. (3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure, with or without process, in violation of the Constitution of Georgia or the United States Constitution. (g) (1) When property is seized pursuant to this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. (2) Within 45 days from the date written notice of the seizure is received by the district attorney of the judicial circuit of the county in which the property is seized or detained, a complaint for forfeiture shall be initiated as provided for in subsection (m), (n), or (o) of this Code section. (3) If the state fails to initiate forfeiture proceedings against property seized for forfei ture by notice of pending forfeiture within the time limit specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (h) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property. (2) When property is seized pursuant to this article, the sheriff, drug agent, or law en forcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice: (A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is WEDNESDAY, MARCH 7, 1990 2481 not known, by publication in two consecutive issues of the newspaper of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged. (i) A district attorney may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil or criminal proceeding under this article or upon seizure for forfei ture. The filing shall include the following: (1) The lien notice must set forth: (A) The name of the person and, in the discretion of the state, any alias and any corpo rations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and (B) The description of the property, the criminal or civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing; (2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person; (3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities. The lien secures the amount of poten tial liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or re lease, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a lien filed in accordance with this subsection; (4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment; (5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the district attorney or his designee the following information: (A) The name and address of the person or entity for whom the property is held; (B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and (C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the prop erty; and (6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor. (j) Property taken or detained under this Code section is not subject to replevin, con veyance, sequestration, or attachment. The seizing law enforcement agency or the district attorney may authorize the release of the property if the forfeiture or retention is unneces- 2482 JOURNAL OF THE SENATE sary or may transfer the action to another agency or district attorney by discontinuing for feiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or district attorney. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the district attorney in either proceeding or action. The property is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings. (k) (1) If property is seized under this article, the district attorney may: (A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding; (B) Place the property under constructive seizure by posting notice of pending forfei ture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property; (C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the district attorney may authorize its being deposited in an interestbearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto; (D) Provide for another governmental agency, a receiver appointed by the court pursu ant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or (E) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keeping or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order the property or any por tion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action. (1) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized. (m) If the estimated value of personal property seized is $50,000.00 or less, the district attorney may elect to proceed under the provisions of this subsection in the following manner: (1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfei ture, and the violation of law alleged; (2) A copy of the notice shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (h) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made; (3) The owner or interest holder may file a claim within 30 days after the second publi cation of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested. No extension of time for the filing of a claim may be granted; WEDNESDAY, MARCH 7, 1990 2483 (4) The claim must be signed by the owner or interest holder under penalty of perjury and must set forth: (A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought; (5) If a claim is filed, the district attorney shall file a complaint for forfeiture as pro vided in subsection (n) or (o) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and (6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property is forfeited to the state and the dis trict attorney shall dispose of the property as provided in subsection (t) of this Code section. (n) In rem proceedings. (1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property. (A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4. (B) If real property is the subject of the action or the owner or interest holder is un known or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all per sons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. (C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or other law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and sum mons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or his agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or his deputy that the vessel or aircraft has been released. 2484 JOURNAL OF THE SENATE (3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of the order for service by publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth: (A) The caption of the proceedings as set forth in the complaint and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought. (4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as pro vided for in this Code section. (5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (6) The state shall show by a preponderance of the evidence that the claimant's interest in the property is subject to forfeiture. (7) If the state does not establish by a preponderance of the evidence that the claimant has an interest that is not exempt under subsection (e) of this Code section, the court shall order the interest in the property returned or conveyed to the claimant. The court shall order all other property forfeited to this state and conduct further proceedings pursuant to subsections (r) and (s) of this Code section. (8) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this title. (o) In personam proceedings. (1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) Service of the complaint and summons shall be as follows: (A) Except as otherwise provided in this subsection, service of the complaint and sum mons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid ser vice, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the sum mons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of the order for WEDNESDAY, MARCH 7, 1990 2485 service by publication. In addition to complying with the general rules applicable to an an swer in civil actions, the answer must contain all of the elements set forth in paragraph (3) of subsection (n) of this Code section. (4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.' (5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as pro vided for in this Code section. (6) If an answer is filed, a hearing must be held within 45 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (7) The state shall show by a preponderance of the evidence that the claimant's interest in the property is subject to forfeiture. (8) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the district attorney or his agent or any law enforce ment officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited. (9) The procedures subsequent to the finding of liability and order of forfeiture are as follows: (A) Following the entry of an order of forfeiture under this subsection, the district at torney may give notice of pending forfeiture to all owners and interest holders who have not previously been given notice; (B) An owner of or interest holder in property that has been ordered to be forfeited and whose claim is not precluded may file a claim in accordance with paragraphs (2), (3), and (4) of subsection (m) of this Code section within 30 days of receipt of notice of pending forfeiture; (C) If a claim is filed which is valid on its face, the district attorney shall file a forfei ture complaint in a timely manner; (D) The court shall hold the hearing and determine the claim without a jury and in the manner provided for in an in rem judicial forfeiture action, including the provisions of para graph (6) of subsection (n) of this Code section; and (E) In accordance with its findings at the hearing, the court may amend the order of forfeiture if it determines that any claimant has established by a preponderance of the evi dence that the claimant has an interest in the property and that the claimant's interest is exempt under subsection (e) of this Code section. (10) Except as provided in this subsection, no person claiming an interest in property subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the property. (p) In conjunction with any civil or criminal action brought pursuant to this article: (1) The court, on application of the district attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, con servators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on applica- 2486 JOURNAL OF THE SENATE tion of the district attorney, without notice or an opportunity for a hearing, if the district attorney demonstrates that: (A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this title; and (B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-1165 and is limited to the issues of whether: (A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encum bered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and (B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the district attorney of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the district attorney filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the prop erty, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that: (A) The interest holder has filed a proper claim and: (i) Is authorized to do business in this state and is under the jurisdiction of a govern mental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or (ii) Has an interest that the district attorney has stipulated is exempt from forfeiture; (B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section. (q) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere. WEDNESDAY, MARCH 7, 1990 2487 (r) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable cause of reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; (2) The fact that money or a negotiable instrument was found in proximity to contra band or to an instrumentality of conduct giving rise to forfeiture authorizes the trier of the fact to infer that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate such conduct; and (3) There is a rebuttable presumption that any property of a person is subject to forfei ture under this Code section if the state establishes probable cause to believe that: (A) The person has engaged in conduct giving rise to forfeiture; (B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and (C) There was no likely source for the property other than the conduct giving rise to forfeiture. (s) (1) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person re main subject to forfeiture and thereafter must be ordered to be forfeited unless the trans feree claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section. (2) On entry of judgment for a person claiming an interest in the property that is sub ject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article, and that said person's cost bond must be discharged. (3) The court shall order a claimant who fails to establish that a substantial portion of the claimant's interest is exempt from forfeiture under subsection (f) of this Code section to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including cost for investigation, prosecution, and attorneys' fees. (t) (1) When a forfeiture occurs under this article, any item which is required by law to be destroyed or which is harmful to the public shall, pursuant to court order, be destroyed or forwarded to the Division of Forensic Sciences of the Georgia Bureau of Investigation or any other agency of state or local government for any medical or scientific use not prohib ited under the laws of the United States or this state. (2) When a forfeiture of property other than money occurs under this article, the court may: (A) Order the property to be sold, with the proceeds of the sale to be distributed as provided in paragraph (4) of this subsection; or (B) Provide for the in-kind distribution of the property as provided for in paragraph (4) of this subsection. (3) Where the property is to be sold pursuant to paragraph (2) of this subsection, the court may direct that such property be sold by: (A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such property; or (B) Any commercially feasible means, including, in the case of real property, by listing 2488 JOURNAL OF THE SENATE such property with a licensed real estate broker, selected by the district attorney through competitive bids. (4) All money forfeited in a forfeiture proceeding, all other property forfeited in the same forfeiture proceeding and not sold or distributed pursuant to paragraphs (2) and (3) of this subsection, and all proceeds from property forfeited in the same forfeiture proceeding and sold pursuant to paragraphs (2) and (3) of this subsection shall, after the payment of all costs, be pooled together for distribution as follows: (A) A fair market value shall be assigned to all items of property other than money in such pool; and a total value shall be established for the pool by adding together the fair market value of all such property in the pool and the amount of money in the pool; (B) The pool shall be distributed pro rata to the state and to local governments, accord ing to the role which their law enforcement agencies played in the seizure of the assets; provided, however, that the amount distributed to the state shall not be greater than 25 percent of the amount distributed; (C) An order of distribution provided for in this subsection shall be submitted by the district attorney to the court for approval; (D) (i) Money distributed to a local government pursuant to this subsection shall be paid into the general fund of the local government for such use or disposition as outlined in division (iii) of this subparagraph. (ii) Property distributed in kind to a local government under the provisions of this Code section shall be turned over to the local governing authority for such use or disposition as outlined in division (iii) of this subparagraph. (iii) Property distributed under division (i) or (ii) of this subparagraph shall be passed through to the local law enforcement agency until the sum equals 33 Vs percent of the amount of local funds appropriated to the agency for the fiscal year in which such funds are distributed. Proceeds received may be used for any official law enforcement purpose, except for the payment of regular salaries, at the discretion of the chief officer of the local law enforcement agency. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. The local governing authority shall ex pend any remaining proceeds for any law enforcement purpose; drug treatment, rehabilita tion, prevention, education, or any other program which responds to problems created by drug or substance abuse; or use as matching funds for grant programs related to drug treat ment or prevention; or any combination thereof. (iv) Any law enforcement agency receiving property under this Code section shall sub mit an annual report to the local governing authority. The report shall be submitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof; (E) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General Assembly that the same be used, subject to appropriation from the general fund in the manner provided by law, for funding of law enforcement agency programs and particularly for funding of advanced drug investigation training for law enforcement officers; and (F) Property distributed in kind to the state pursuant to this subsection may be desig nated by the Attorney General, with the approval of the court, for use by such agency of the state as may be appropriate or, otherwise, shall be turned over to the Department of Admin istrative Services for such use or disposition as may be determined by the commissioner of the Department of Administrative Services. (u) An acquittal or dismissal in a criminal proceeding does not preclude civil proceed ings under this article. (v) For good cause shown, the court may stay civil forfeiture proceedings during the WEDNESDAY, MARCH 7, 1990 2489 criminal trial resulting from a related indictment or information alleging a violation of this article. (w) (1) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provi sions of this Code section if any of the forfeited property: (A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; (E) Has been commingled with other property that cannot be divided without difficulty; or (F) Is subject to any interest exempted from forfeiture under this article. (2) In addition to any other remedy provided for by law, a district attorney on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsection (i) of this Code section; to whom notice of seizure has been provided in accordance with subsection (h) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative ex penses and attorneys' fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A district attorney may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to en force any judgment rendered pursuant to this Code section. (4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the al leged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counter claim or cross-claim to any action brought pursuant to this Code section. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same con duct are in progress. (x) Controlled substances included in Schedule I which are contraband and any con trolled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment of conviction under this article an order forfeiting any con trolled substance involved in the offense to the extent of the defendant's interest. (y) This Code section must be liberally construed to effectuate its remedial purposes." Section 2. (a) The repeal, or repeal and reenactment, of the provisions of Code Section 16-13-49 by this Act shall not abate any cause of action which arose at any previous time under the provisions of said Code section prior to the effective date of this Act. Further more, no action for forfeiture shall be abated as a result of the provisions of this Act, and 2490 JOURNAL OF THE SENATE any and every such action or cause of action shall continue, subject only to the applicable statute of limitations. (b) No property shall be subject to forfeiture pursuant to this Act where the act or omission which makes such property subject to forfeiture occurred prior to the effective date of this Act unless such property was subject to forfeiture under the laws of this state at the time such act or omission occurred. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Deal of the 49th offered the following amendment: Amend the substitute to HB 1223 offered by the Senate Committee on Judiciary by striking lines 13 through 15 of page 15 and inserting in lieu thereof the following: "forfeiture under this Code section if the court finds that the owner of such interest or interest holder:". By striking line 6 of page 18 and inserting in lieu thereof the following: "provided for in subsection (m) or (n) of this". By striking "must" and inserting in lieu thereof "may" on line 5 of page 22. By striking lines 28 through 34 of page 23, lines 1 through 32 of page 24, and lines 1 through 18 of page 25. By redesignating subsections (n) through (y) as subsections (m) through (x), respectively. By striking "(r) and (s)" and inserting in lieu thereof "(q) and (r)" on lines 26 and 27 of page 28. By striking "(n)" and inserting in lieu thereof "(m)" on line 3 of page 30. By striking "(n)" and inserting in lieu thereof "(m)" on line 25 of page 31. By striking from lines 30 and 31 of page 31 the following: "has established by a preponderance of the evidence that the claimant". Senator Deal of the 49th asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Deal of the 49th was withdrawn. Senators Barnes of the 33rd and Deal of the 49th offered the following amendment: Amend the substitute to HB 1223 offered by the Senate Committee on Judiciary by inserting between lines 25 and 26 of page 11 a new paragraph (1) to read as follows: "(1) 'Costs' shall include, but is not limited to: (A) All expenses associated with the seizure, maintenance, custody, preservation, opera tion, or sale of the property; (B) All court costs, including the cost of advertisement, transcripts, and court reporters' fees; (C) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section; and (D) Payment of attorneys' fees to private attorneys appointed by the district attorney as special assistant district attorneys to the extent that such attorneys are not otherwise WEDNESDAY, MARCH 7, 1990 2491 compensated by the state or any political subdivision for such services. The amount of any such fee shall be determined by the district attorney and approved by the court at the time of the appointment of such attorney." By redesignating paragraphs (1) through (7) on pages 11 and 12 as paragraphs (2) through (8), respectively. By adding following the word "marijuana" on line 31 of page 16 the following: "unless said conveyance was used to facilitate a transaction in or a purchase or sale of a controlled substance or marijuana". By striking lines 1 through 4 of page 18 and inserting in lieu thereof the following: "(2) Within 60 days from the date of seizure, a". By adding "the district attorney or" following the word and symbol "article," on line 21 of page 18. By adding following the word and symbol "forfeiture." on line 20 of page 19 the follow ing: "The filing constitutes notice to any person claiming an interest in the property owned by the named person." By striking "the order for service by publication" and inserting in lieu thereof "final publication" on line 19 of page 27 and on line 33 of page 29. By striking lines 16 through 27 of page 28 and by redesignating paragraph (8) as para graph (6) on line 28 of page 28. By striking lines 19 through 21 of page 30 and by redesignating paragraph (8) as para graph (7) on line 22 of page 30. By striking lines 3 through 34 of page 31 and by redesignating paragraph (10) as para graph (8) on line 1 of page 32. By striking lines 24 and 25 of page 36 and inserting in lieu thereof the following: "encumbrances, as provided under this article." On the adoption of the amendment, the yeas were 45, nays 0, and the amendment of fered by Senators Barnes of the 33rd and Deal of the 49th to the substitute to HB 1223 offered by the Senate Committee on Judiciary was adopted. On the adoption of the substitute, the yeas were 43, 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 Dean Echols Edge Egan English Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Kennedy Land McKenzie Newbill 2492 JOURNAL OF THE SENATE Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Taylor Timmons Turner Tysinger Walker Those voting in the negative were Senators: Langford Shumake Tate Parker Those not voting were Senators: Barker Brannon Engram Johnson Kidd (excused) Olmstead Starr On the passage of the bill, the yeas were 45, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. HB 46. By Representatives Dover of the llth, Lord of the 107th, Colwell of the 4th and others: 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 for certain members for service on active duty in the armed forces of the United States during World War II. 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 Barnes Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford Newbill Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barker Brannon Dawkins Kidd (excused) McKenzie Olmstead WEDNESDAY, MARCH 7, 1990 2493 Perry Phillips Scott of 2nd Starr Stumbaugh On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Kennedy of the 4th, President Pro Tempore, resumed the Chair. HB 1779. By Representatives Poston of the 2nd, Oliver of the 53rd, Chambless of the 133rd and Holland of the 136th: A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, so as to pro vide that certain retired magistrates be authorized to perform marriage ceremo nies. Senate Sponsor: Senator Edge of the 28th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Timmons Turner Tysinger Voting in the negative was Senator Shumake. Those not voting were Senators: Barker Brannon Kennedy (presiding) Kidd (excused) Perry Phillips Starr Walker On the passage of the bill, the yeas were 47, nays 1 . The bill, having received the requisite constitutional majority, was passed. 2494 JOURNAL OF THE SENATE 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. Senate Sponsor: Senator Parker of the 15th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Langford Newbill Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Voting in the negative was Senator Land. Those not voting were Senators: Barker Brannon Broun Dean English Kennedy (presiding) Kidd (excused) McKenzie Perry Phillips Shumake On the passage of the bill, the yeas were 44, nays 1 . The bill, having received the requisite constitutional majority, was passed. 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. Senate Sponsor: Senator Harris of the 27th. WEDNESDAY, MARCH 7, 1990 2495 The report of the committee, which was favorable to the passage of the bill, was agreed to. On passage 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 Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Gillis Hammill Harris Huggins Johnson Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Stumbaugh Tate Turner Tysinger Walker Those not voting were Senators: Barker Bowen Brannon Garner Howard Kennedy (presiding) Kidd (excused) Parker Phillips Scott of 2nd Shumake Starr Taylor Timmons On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House: HB 1505. By Representatives Orrock of the 30th and Green of the 106th: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye. The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House: HB 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. The Speaker has appointed on the part of the House, Representatives Oliver of the 53rd, Smyre of the 92nd and Robinson of the 96th. The House adheres to its position in disagreeing to the Senate amendment to the House 2496 JOURNAL OF THE SENATE substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 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. The Speaker has appointed on the part of the House, Representatives Ware of the 77th, Dunn of the 73rd and Ricketson of the 82nd. The House insists on its position in substituting the following bill of the Senate: SB 608. By Senators Baldwin of the 29th and Edge of the 28th: A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maxi mum penalty to $100,000.00. The House has agreed to the Senate amendment to the following resolution of the House: HR 1074. By Representatives Murphy of the 18th, Connell of the 87th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd and Walker of the 115th: A resolution relative to adjournment; and for other purposes. The House has adopted the report of the Committee of Conference on the following resolution of the Senate: SR 54. By Senator Kidd of the 25th: A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date. The House has adopted the report of the Committee of Conference on the following bills of the House and Senate: 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. SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th 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 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. WEDNESDAY, MARCH 7, 1990 2497 The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 500 was as follows: 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, ma rijuana, 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 pub lic employment; to provide an exemption; to provide for related matters; to provide for ap plicability; 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, marijuana, 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, distribution, sale, and possession of controlled substances, marijuana, 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, dis tribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlaw ful 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. (3) 'Dangerous drug' means any drug or substance defined as such under Code Section 16-13-71. (4) 'Marijuana' means any substance described in paragraph (16) of Code Section 1613-21. (5) '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 2498 JOURNAL OF THE SENATE 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. (6) '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. (7) '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, marijuana, or a 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 approved 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, marijuana, or a dan gerous 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, marijuana, or a 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, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of five years from the most recent date of conviction. 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, marijuana, or a dangerous drug. 45-23-7. On and after July 1, 1990, if, prior to an arrest for an offense involving a con trolled substance, marijuana, or a dangerous drug, a public employee notifies the employee's public employer that the employee illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved 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, the public employee shall be entitled to maintain the employee's public employment for up to one year as long as the employee follows the treatment plan. During this period, the public employee shall not be separated from public employment solely on the basis of the employee's drug dependence, but the employee's work activities may be restructured if practicable to protect persons or property. No statement made by an employee to a supervisor of the public employee or other person in order to comply with WEDNESDAY, MARCH 7, 1990 2499 this Code section shall be admissible in any civil, administrative, or criminal proceeding as evidence against the public employee. The rights granted by this Code section shall be avail able to a public employee only once during a five-year period and shall not apply to any public employee who has refused to be tested or who has tested positive for a controlled substance, marijuana, or other dangerous drug. 45-23-8. 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. 45-23-9. 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. Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 500. On the motion, a roll call was taken, and the vote was as follows. Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Barker Brannon Kennedy (presiding) Kidd (excused) Perry Phillips Scott of 2nd Scott of 36th Shumake Starr On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 500. The following bill of the Senate was taken up for the purpose of considering the House action thereon: 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 2500 JOURNAL OF THE SENATE require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations. Senator Stumbaugh of the 55th moved that the Senate recede from the Senate amend ment to the House substitute to SB 434. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engrain Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Those not voting were Senators: Albert Barker Brannon Fincher Kennedy (presiding) Kidd (excused) Perry Phillips Scott of 2nd Shumake Walker On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to the House substitute to SB 434. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Baldwin of the 29th moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 1316, and that a Conference Committee be appointed. On the motion, the yes were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate substitute to HB 1316. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Deal of the 49th, Baldwin of the 29th and Johnson of the 47th. WEDNESDAY, MARCH 7, 1990 2501 The following bill of the House was taken up for the purpose of considering the House action thereon: HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st: A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions. Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 951. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted upon the substitute to HB 951. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1680. By Representatives Teper of the 46th, Watson of the 114th and Stancil of the 66th: A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes and other state codes, so as to provide that on and after October 1, 1991, the Stan dard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county. Senate Sponsor: Senator Dawkins of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Land Langford McKenzie Newbill Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Albert Barker Brannon Coleman Kennedy (presiding) Kidd (excused) Olmstead Perry Phillips Starr Tate 2502 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Deal of the 49th moved that the Senate insist upon the Senate amendment to HB 1498. On the motion, the yeas were 38, nays 1; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 1498. The President resumed the Chair. The following bill of the Senate was taken up for the purpose of considering the House action thereon: SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms. Senator Howard of the 42nd moved that the Senate adhere to its disagreement to the House substitute to SB 662, and that a Conference Committee be appointed. On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 662. The President appointed as a Conference Committee on the part of the Senate the following: Senators Howard of the 42nd, Taylor of the 12th and Dawkins of the 45th. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th and others: A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to WEDNESDAY, MARCH 7, 1990 2503 the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof. Senator Peevy of the 48th moved that the Senate adhere to the Senate amendment to HB 1228, and that a Conference Committee be appointed. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 1228. The President appointed as a Conference Committee on the part of the Senate the following: Senators Olmstead of the 26th, Peevy of the 48th and Kidd of the 25th. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: 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. Senate Sponsor: Senator Baldwin of the 29th. Senators Garner of the 30th and Dean of the 31st offered the following amendment: Amend HB 502 by striking in their entirety lines 1 through 3 on page 1, which read as follows: "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 ", and inserting in lieu thereof the following: "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 provide for the resolution of. By adding on line 1 of page 2 between the semicolon and the word "to" the following: "to change certain definitions relating to time-share projects and programs; to delete references to certain campsite time-share programs and the requirements and procedures relating thereto; to delete references to instruments, statements, and time-share programs involving campsites;". By striking in their entirety lines 4 and 5 of page 2, which read as follows: "Section 1. Article 3 of Chapter 3 of Title 44, known as the 'Georgia Condominium Act,' is amended by", and inserting in lieu thereof the following: "Section 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by". By striking from line 17 of page 2, line 12 of page 3, line 4 of page 4, line 21 of page 5, lines 3 and 17 of page 6, line 4 of page 9, lines 10 and 29 of page 10, line 9 of page 14, lines 1 and 32 of page 15, line 9 of page 16, and line 30 of page 17 the word "article" and inserting in lieu thereof the word "chapter". By adding between lines 2 and 3 on page 18 new Sections 16, 17, 18, and 19 to read as follows: "Section 16. Said chapter is further amended by striking paragraph (25) of Code Sec- 2504 JOURNAL OF THE SENATE tion 44-3-162, relating to definitions, and inserting in its place a new paragraph to read as follows: '(25) "Time-share program" means any arrangement for time-share intervals in a timeshare project whereby the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy, or pos session circulates among purchasers of the time-share intervals according to a fixed or float ing time schedule on a periodic basis occurring annually over any period of time in excess of one year in duration.' Section 17. Said chapter is further amended by adding the word 'and' at the end of paragraph (2) of Code Section 44-3-169, relating to contents of instruments creating timeshare uses, by striking '; and' at the end of paragraph (3) of that Code section and inserting in its place a period, and by striking in its entirety paragraph (4) of that Code section, which reads as follows: '(4) In the case of a time-share program in which campsites are included in the units committed to the program for a period determined by availability on a first come, first serve basis, the instrument creating the use shall specify and the program itself shall provide a minimum period, which period shall be at least 30 days per year, during which the units are available by a prearrangement or under a first reserved, first served priority system, and the minimum period so specified shall be the time the units are committed to the time-share program for purposes of this article, including but not limited to paragraph (2) of this Code section, and for determining the amount of time sold to a purchaser for purposes of subparagraphs (B) and (C) of paragraph (2) of subsection (a) of Code Section 44-3-175.' Section 18. Said chapter is further amended by striking Code Section 44-3-171, relating to sales of time-share intervals in programs organized prior to certain dates, and inserting in its place the following: '44-3-171. In the event that: (1) Time-share intervals in a time-share program have been sold in this state to a resi dent of this state prior to July 1, 1983; (2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170; and (3) The developer does not control a sufficient number of votes in the time-share pro gram to amend the time-share instruments and project instruments to provide for the inclu sion of the provisions required by Code Sections 44-3-166 through 44-3-170 without the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provisions required by Code Sections 44-3-166 through 44-3-170, but not included in the instruments.' Section 19. Said chapter is further amended by striking Code Section 44-3-205, relating to application of the article to time-share programs created before certain dates, and in serting in its place a new Code section to read as follows: '44-3-205. The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1983, and 180 days after July 1,1983, as to any time-share program heretofore created or commenced.'" By renumbering Section 16 on lines 3 and 4 on page 18 as Section 20. On the adoption of the amendment offered by Senators Garner of the 30th and Dean of the 31st, the yeas were 37, nays 0, and the amendment was adopted. WEDNESDAY, MARCH 7, 1990 2505 Senator Scott of the 2nd offered the following amendment: Amend HB 502 by adding on line 7 of page 1 immediately following the semicolon the following: "to provide for conditions with respect to the imposition of certain special assessments; to prohibit certain increases regarding monthly maintenance fees;". By adding on line 20 of page 1 immediately following the semicolon the following: "to provide for the holding of association meetings upon written request of certain unit owners;". By adding on line 16 of page 3 following the number "(4)" the following: "and by adding at the end of said Code section a new subsection (g)". By striking the quotation marks at the end of line 3 on page 4. By adding between lines 3 and 4 on page 4 the following: "(g) A condominium instrument recorded on or after July 1, 1990, shall not authorize the board of directors to impose: (1) Except as provided in subsections (a) and (b) of this Code section and subsections (a) and (b) of Code Section 44-3-109, a special assessment fee per unit in excess of an aver age of $200.00 per fiscal year without the approval of a majority of the unit owners; or (2) Except for the first year after relinquishment of control of the association by the declarant as defined in Code Section 44-3-101, a monthly maintenance fee increase in excess of a percentage equal to the annual rate of inflation as measured by the Consumer Price Index for All Urban Consumers for the immediately preceding 12 month period without the approval of a majority of the unit owners.' " By inserting between lines 28 and 29 on page 10 the following: "Section 10. Said article is further amended by striking Code Section 44-3-102, relating to meetings of the association, and inserting in its place a new Code Section 44-3-102 to read as follows: '44-3-102. Meetings of the members of the association shall be held in accordance with the provisions of the association's bylaws and in any event not less frequently than annu ally. A condominium instrument recorded on or after July 1, 1990, shall also provide for the calling of a meeting upon the written request of at least 15 percent of the unit owners. Notice shall be given to each unit owner at least 21 days in advance of any annual or regu larly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, to all unit owners of record at such address or addresses as any of them may have designated or, if no other address has been so desig nated, at the address of their respective units. At the annual meeting, comprehensive re ports of the affairs, finances, and budget projections of the association shall be made to the unit owners.'" By redesignating Sections 10,11, 12,13, 14, 15, and 16 as Sections 11, 12, 13,14, 15,16, and 17, respectively. On the adoption of the amendment offered by Senator Scott of the 2nd, 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, was agreed to as amended. 2506 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 Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Albert Barker Brannon Coleman Kidd (excused) Perry Phillips Starr On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 553. By Senator Deal of the 49th: A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical malpractice claims in volving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for leg islative findings; to provide for definitions. The House substitute to SB 553 was as follows: A BILL To be entitled an Act to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to create the Governor's Commission on Obstetrics; to provide for the membership, powers, duties, chair man, meetings, per diem, and expenses of the commission; to provide for recommendations and reports; to provide for time limits; to provide for the termination of the commission and the repeal of laws relating to the commission; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, is amended by adding at the end thereof a new Code Section 9-9-84 to read as follows: "9-9-84. (a) The General Assembly finds and declares that: (1) The health and well-being of Georgians is a major concern of the General Assembly; WEDNESDAY, MARCH 7, 1990 2507 (2) There has been a significant decrease in the number of physicians who practice obstetrics and who deliver babies; and (3) Prompt action, after a thorough investigation of all facets of this problem, is needed to ensure adequate medical care for mothers and their children. (b) There is created the Governor's Commission on Obstetrics. The commission shall be composed of 19 members. Thirteen members shall be appointed by the Governor as follows: (1) Three members shall be female citizens of this state who are not affiliated with the medical profession, the health care industry, or the insurance industry, provided that in making these appointments the Governor shall consider nominations from the League of Women Voters of Georgia, the Black Women's Health Project, the Women's Policy Group, and the Continuum Alliance for Healthy Mothers and Children, Mothers Against Drunk Driving, Concerned Women for America; (2) Three members shall be physicians chosen from a list recommended by the Medical Association of Georgia; (3) Three members shall be attorneys chosen from a list recommended by the State Bar of Georgia; (4) One member shall be a certified nurse-midwife chosen from a list recommended by the Georgia Chapter of the American College of Nurse-Midwives; (5) One member shall be a representative of the Georgia Hospital Association; (6) One member shall be a representative of the insurance industry with experience and expertise in liability insurance coverage; and (7) One member shall be a certified registered nurse anesthetist from a list recom mended by the Georgia Association of Certified Registered Nurse Anesthetists. Three members shall be members of the House of Representatives appointed by the Speaker of the House of Representatives. Three members shall be members of the Senate appointed by the President of the Senate. The Governor shall designate one member of the commission as chairman of the commission. The chairman shall call all meetings of the commission. (c) The commission shall undertake a study of all problems and conditions relative to the provision of obstetrical care for the citizens of this state. The commission shall seek solutions to the obstetrical crisis. The commission shall recommend any actions or legisla tion which the commission deems necessary or appropriate. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 1990. (d) While engaged in the duties of the commission, the legislative members of the com mission shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees. Since members shall receive such expenses and allowances from the funds of the legislative branch of state government. (e) The commission may conduct such meetings at such places within the state and at such times as it may deem necessary or convenient to enable it to exercise fully and effec tively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. (f) The commission created by this Code section shall stand abolished on December 1, 1990, and this Code section is repealed effective on December 1, 1990." 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. 2508 JOURNAL OF THE SENATE Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 553 as amended by the following amendment: Amend the House substitute to SB 553 by striking on page 2, line 8, the following: ", provided that in making these" and inserting in lieu thereof the following symbol ";", and by striking on page 2, lines 9-14 in their entirety. 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 Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Albert Barker Brannon Kidd (excused) Parker Perry Phillips Starr On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 553 as amended by the Senate. The following general bill of the House, having been read the third time on February 28 and postponed until March 7, was put upon its passage: HB 671. By Representative Morton of the 47th: A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthana sia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia. Senate Sponsors: Senators Turner of the 8th and English of the 21st. The Senate Committee on Agriculture offered the following substitute to HB 671: A BILL To be entitled an Act to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the eutha nasia of dogs and cats by certain animal shelters or other facilities which are operated for WEDNESDAY, MARCH 7, 1990 2509 the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia; to provide for exceptions; to provide for licenses and permits and the issuance, conditions, fees, and revocation thereof; to provide for notices and hearings; to provide for guidelines; to provide that a veterinarian or physician may limit the quantity of possession of sodium pentobarbital; to provide for exceptions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," is amended by adding, following Code Section 4-11-5, a new Code Section 4-11-5.1 to read as follows: "4-11-5.1 (a) Except as provided in subsection (b) of this Code section, the use of so dium pentobarbital or a derivative of it shall be the exclusive method for euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference: (1) Intravenous injection by hypodermic needle; (2) Intraperitoneal injection by hypodermic needle; or (3) Intracardial injection by hypodermic needle. (b) Notwithstanding subsection (a) of this Code section: (1) A chamber using commercially bottled carbon monoxide gas or an internal combus tion engine with a cooling chamber which cools the gas to room temperature which was used on July 1, 1990, for euthanasia of dogs and cats by any animal shelter or other facility may continue to be used for such purposes by such animal shelter or facility if such animal shel ter or facility notifies the Commissioner of Agriculture, in writing, on or before August 1, 1990, that such a chamber was in use by such animal shelter or facility on July 1, 1990. However, a chamber which causes a change in body oxygen by means of altering atmos pheric pressure shall not be permitted under any circumstances; and (2) Any substance which is clinically proven to be as humane as sodium pentobarbital and which has been officially recognized as such by the American Veterinary Medical Asso ciation may be used in lieu of sodium pentobarbital to perform euthanasia on dogs and cats, but succinylcholine chloride, curare, curariform mixtures, or any substance which acts as a neuromuscular blocking agent may not be used on a dog or cat in lieu of sodium pentobarbi tal for euthanasia purposes. (c) In addition to the exceptions provided for in subsection (b) of this Code section, in cases of extraordinary circumstance where the dog or cat poses an extreme risk or danger to the veterinarian, physician, or lay person performing euthanasia, such person shall be al lowed the use of any other substance or procedure that is humane to perform euthanasia on such dangerous dog or cat. (d) A dog or cat may be tranquilized with an approved and humane substance before euthanasia is performed. (e) Euthanasia shall be performed by a licensed veterinarian or physician or a lay per son who is properly trained in the proper and humane use of a method of euthanasia. Such lay person shall perform euthanasia under supervision of a licensed veterinarian or physi cian. This shall not be construed so as to require that a veterinarian or physician be present at the time euthanasia is performed. (f) No dog or cat may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is con firmed by a qualified person. (g) The supervising veterinarian or physician shall be subject to all record-keeping re- 2510 JOURNAL OF THE SENATE quirements and inspection requirements of the State Board of Pharmacy pertaining to so dium pentobarbital and other drugs authorized under subsection (b) of this Code section and may limit the quantity of possession of sodium pentobarbital and other drugs author ized to ensure compliance with the provisions of this Code section. (h) This Code section shall not apply to any animal shelter or other facility located in a county having a population of 25,000 or less according to the most recent United States decennial census." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Ragan of the 32nd offered the following amendment: Amend the substitute to HB 671 offered by the Senate Agriculture Committee by strik ing on page 2, lines 12, 13, 14: "or an internal combustion engine with a cooling chamber which cools the gas to room temperature"; and adding: On page 2, lines 25, 26, 27 following the word "pressure", the following: "or which is connected to an internal combustion engine and uses the engine exhaust for euthanasia purposes". On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin 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 Land Langford McKenzie Newbill Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Those not voting were Senators: Albert Barker Brannon Kidd (excused) Perry Phillips Scott of 36th Shumake WEDNESDAY, MARCH 7, 1990 2511 On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, having been read the third time on February 28 and placed on the Table, and taken from the Table on March 7, was put upon its passage: HB 1423. By Representative Thomas of the 31st: A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing. Senate Sponsors: Senators Peevy of the 48th and 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: Allgood Baldwin Barnes Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Huggins Johnson Kennedy Land Langford McKenzie Newbill Olmstead Parker Peevy Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Tysinger Walker Voting in the negative were Senators Broun and Starr. Those not voting were Senators: Albert Barker Brannon Howard Kidd (excused) Perry Phillips On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1145. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, so as to provide for additional crimes; to provide for 2512 JOURNAL OF THE SENATE a definition; to provide that such additional crimes shall apply only to public employees entering service after a certain date. Senate Sponsor: Senator Fuller of the 52nd. The following certification, as required by law, was read by the Secretary: Department of Audits 270 Washington Street Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G.W. Hogan, State Auditor DATE: February 16, 1990 SUBJECT: House Bill 1145 Substitute (LC 7 7719S) Public Retirement Systems - Additional Crimes for Prohibiting Membership This bill would create certain prohibitions on membership in and benefits under public retirement systems for individuals convicted of drug related crimes as defined by this bill. If enacted, this bill would apply to public employees entering or reentering public service after July 1, 1990. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. /s/ G.W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barnes Bowen Broun Burton Egan English Engram Fincher Foster CCoofllleimnsan ^GGuiallrllineser r Dawkins Deal Dean Echols Edge Hammill Harris Howard Huggins Kennedy Land McKenzie Newbill Olmstead Pollard R_Raaggaann ooff,. 3,,1,,20nthd, ^ Taylor Timmons Turner Tysinger Those voting in the negative were Senators: Allgood Johnson Langford Parker Peevy Scott of 2nd Scott of 36th Starr Tate Walker WEDNESDAY, MARCH 7, 1990 2513 Those not voting were Senators: Albert Barker Brannon Kidd (excused) Perry Phillips Shumake Stumbaugh On the passage of the bill, the yeas were 38, nays 10 . The bill, having received the requisite constitutional majority, was passed. At 8:03 o'clock P.M., the President announced that the Senate would stand in recess until 12:00 o'clock Midnight and then stand adjourned, pursuant to HR 1074 adopted previ ously, until 9:00 o'clock A.M. on Friday, March 9. 2514 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, March 9, 1990 Fortieth Legislative Day The Senate met pursuant to adjournment at 9:00 o'clock A.M. and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of the proceedings of Wednes day, March 7, had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate: SB 490. By Senator Foster of the 50th: A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions as to motors to be used on cer tain lakes, so as to prohibit the operation of certain vessels on Lake Burton, Lake Rabun, and Seed Lake. SB 420. By Senator Peevy of the 48th: A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of certain information to persons undergoing certain surgi cal or diagnostic procedures, so as to include intraductal injection procedures within the list of those diagnostic procedures that a person must be informed about and must consent to before having such procedure administered. SB 449. By Senator Kidd of the 25th: A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by the chief clerk upon a vacancy occur ring in the office of judge of the probate court, so as to change the provisions regarding the filling of such vacancy. SB 537. By Senator Johnson of the 47th: A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to change the provisions relating to alien corporations acquiring of record any real property; to change the provisions relating to annual registrations of alien corporations and the filing and contents thereof. SB 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. FRIDAY, MARCH 9, 1990 2515 SB 574. By Senator English of the 21st: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to continue the Georgia Auctioneers Commission but provide for the later termination of the commission and the repeal of the laws relating thereto; to provide an effective date. SB 552. By Senator Peevy of the 48th: A bill to amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to the performance of sterilization procedures, so as to remove certain language from Code Section 31-20-2, relating to the performance of a sterilization procedure upon request. SB 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. SB 489. By Senator Foster of the 50th: A bill to amend Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to the qualifications of directors of downtown development authorities, so as to change the provisions relating to such qualifications; to provide an effec tive date. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 1013. By Representatives Stanley of the 33rd, Randall of the 101st, Murphy of the 18th, McKinney of the 35th, Thomas of the 31st and others: A resolution designating the Julius Cornelius Daugherty Bridge. HR 1101. By Representatives Bargeron of the 108th, Cummings of the 134th, Brooks of the 34th, Godbee of the 110th, Thomas of the 31st and others: A resolution urging the conveyance of the Boggs Academy property to the Boggs Community Development Corporation. The House has agreed to the Senate substitutes to the following bills of the House: HB 1980. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating the State Court of Rockdale County, so as to change the provisions relating to the salary of the judge of said court. HB 1981. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the judge of the probate court. 2516 JOURNAL OF THE SENATE HB 1982. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the provisions relating to the compensation of the chairman and the other members of the board of commissioners. HB 1983. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the provisions relating to the annual salary of the chief magistrate. HB 1985. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the provisions relating to the compensation of the sheriff. HB 1989. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the provisions relating to the salary of the tax commissioner. HB 1990. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the provisions relating to the compensation of the clerk of the superior court. HB 1753. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th: A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. HB 1640. By Representative Mangum of the 57th: A bill to amend Code Section 20-2-833 of the Official Code of Georgia Annotated, relating to additional payments to certain supervisors of student teachers, so as to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional pay ments to supervisors of student teachers. 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. FRIDAY, MARCH 9, 1990 2517 HB 1568. By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th, Holcomb of the 72nd, Parrish of the 109th and others: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the defini tion of a used car dealer. HB 1520. By Representatives Murphy of the 18th, Mangum of the 57th and Hamilton of the 124th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Educa tion and the Board of Regents of the University System of Georgia. HB 1137. By Representative Richardson of the 52nd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of contin uing care providers and facilities; to provide for exemptions; to prohibit continu ing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department. HB 1620. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th: A bill to amend Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedures for sales under tax levies and executions, so as to change certain provisions regarding sales under tax executions; to change certain provi sions regarding advertisement of tax levies and written notice of tax executions. HB 1651. By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the 156th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter. The House has agreed to the Senate amendments to the following bills of the House: HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st, McKinney of the 40th, Sinkfield of the 37th and others: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy. HB 1790. By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th: A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties. 2518 JOURNAL OF THE SENATE HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th, Lee of the 72nd, Buck of the 95th and others: A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions re lating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time. 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 1298. By Representative Smith of the 78th: A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers. HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth, Long of the 142nd, Coleman of the 118th and Bostick of the 138th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and con trolled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to pro vide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution. HB 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the 78th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit. HB 1813. By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state. HB 1917. By Representative Barnett of the 10th: A bill to provide for the creation of the Johns Creek Community Improvement District. HB 1854. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Banner of the 131st, Connell of the 87th and others: 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. FRIDAY, MARCH 9, 1990 2519 The House has agreed to the Senate amendment to the following resolution of the House: HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th: A resolution authorizing the conveyance of certain state owned real property lo cated in Cherokee County, Georgia. The House has agreed to the Senate substitutes to the following resolutions of the House: HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A resolution designating the "Plantation Parkway". HR 872. By Representatives Dixon of the 128th, Watts of the 41st, Dover of the llth, Colwell of the 4th, Cummings of the 17th and others: A resolution creating the Joint Abortion Study Committee. The House has agreed to the Senate amendments to the following bills of the House: HB 2055. By Representative Jenkins of the 80th: A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the elections and terms of members of the city council. HB 2067. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to fix the salary of the sheriff; to fix the salary of the clerk of superior court; to provide longevity allowances to the clerk of superior court for prior years of service. The House has agreed to the Senate substitutes to the following bills of the House: HB 1984. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th: A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, so as to change the provisions relating to the compensation of the coroner. HB 1998. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide for retaining terms of office of two years for the mayor and council members; to provide for the date of municipal elections. HB 1986. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A bill to amend an Act to reincorporate the City of Forest Park in the County of Clayton, so as to change the corporate limits. 2520 JOURNAL OF THE SENATE The House has adopted the report of the Committee of Conference on the following bill of the Senate: SB 749. By Senators Scott of the 2nd and Hammill of the 3rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain offi cials; to provide for cost-of-living increases. The following report of a standing committee was read by the Secretary: Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 2001. Do Pass. HB 2041. Do Pass. HB 2074. Do pass. HB 2075. Do pass. HB 2044. HB 2056. HB 2058. HB 2065. Do Pass. Do Pass. Do Pass. Do pass. HB 2Q76 Do pasg HB 2080. Do pass. HB 2081 ' D Pa89' HB 2066. Do pass. HB 2073. Do pass. HB 2082- Do PassHB 2084. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The President called for the morning roll call, and the following Senators answered to their names: Allgood Baldwin Brannon Broun Burton Clay Collins DDeaawl kins Dean Echols Edge Egan English Engram Fincher Foster Garner Gillis Harris Huggins JKoehnnnseodny Kidd Land McKenzie Newbill Olmstead Parker Phillips Pollard Ragan of 10th Ragan of 32nd R ,, .,, , Sccoo"tt TMof 36?th Shumake Stumbaugh Taylor Turner Walker Those not answering were Senators: Albert Barker Barnes Bowen Coleman Fuller Hammill Howard Langford Peevy Perry Starr Tate Timmons Tysinger FRIDAY, MARCH 9, 1990 2521 Senator Shumake of the 39th introduced Reverend Orange Weems, pastor of the Simpson Road Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 518. By Senator Walker of the 43rd: A resolution commending Guy Millner. SR 529. By Senators Deal of the 49th and Parker of the 15th: A resolution creating the Senate Study Committee on the Establishment of the Department of Youth Services or a Department of Family, Youth, and Children Services. SR 530. By Senator Dean of the 31st: A resolution commending Head Coach Steve Cordle and the Rockmart High School Yellow Jackets football team. SR 531. By Senator Dean of the 31st: A resolution commending and congratulating Sara Hightower. SR 532. By Senators Barker of the 18th, Harris of the 27th and Olmstead of the 26th: A resolution commending the Emergency Group Home at the Macon Rescue Mission. SR 533. By Senator Barker of the 18th: A resolution commending Ms. June McCormick. SR 534. By Senator Barker of the 18th: A resolution commending Dr. John Gayton. SR 536. By Senators Hammill of the 3rd, Echols of the 6th, Coleman of the 1st and Scott of the 2nd: A resolution commending Mr. Joe Waters. SR 537. By Senators Langford of the 35th, Tate of the 38th and Walker of the 43rd: A resolution honoring Esmond Patterson. SR 538. By Senators Langford of the 35th, Tate of the 38th, Walker of the 43rd and Scott of the 2nd: A resolution in memory of LaQuanda Hughes. SR 539. By Senators Hammill of the 3rd, Scott of the 2nd, Coleman of the 1st and Echols of the 6th: A resolution recognizing the first African-Americans from Coastal Georgia to serve in the Senate. 2522 JOURNAL OF THE SENATE SR 541. By Senator English of the 21st: A resolution commending Georgia's electric cooperatives. SR 542. By Senators Foster of the 50th, Barker of the 18th and Langford of the 35th: A resolution commending EXODUS, Inc. SR 543. By Senator Edge of the 28th: A resolution recognizing the City of Griffin on its 150th anniversary. SR 544. By Senators McKenzie of the 14th and Baldwin of the 29th: A resolution supporting Earth Day 1990. SR 545. By Senator Newbill of the 56th: A resolution honoring "Coach" Stanley Dean Moses and commending him on his retirement. SR 546. By Senator Kidd of the 25th: A resolution creating the Senate Strategic Planning and Quality of Work Life Study Committee. SR 547. By Senator Kennedy of the 4th: A resolution expressing the consensus of the Senate with respect to the Tenth Amendment to the United States Constitution. The following resolution of the House was read and adopted: HR 1101. By Representatives Bargeron of the 108th, Cummings of the 134th, Brooks of the 34th and others: A resolution urging the conveyance of the Boggs Academy property to the Boggs Community Development Corporation. The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Friday, March 9, 1990 FORTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 2001 Allgood, 22nd Albert, 23rd Richmond County Changes the compensation of the solicitor of the state court of Richmond County HB 2041 Dawkins, 45th Walton County Changes the manner in which members of the Board of Commissioners are elected; provides for meetings; changes the power to contract. FRIDAY, MARCH 9, 1990 2523 HB 2044 Taylor, 12th Dougherty County Changes the county supplements for the judges of the Dougherty Judicial Circuit. HB 2056 Timmons, llth Stewart County City of Lumpkin Changes the corporate limits of the city. HB 2058 McKenzie, 14th Lee County Creates a board of elections for Lee County. HB 2065 Taylor, 12th Dougherty County Changes the compensation of the chairman and members of the board of commissioners of Dougherty County. HB 2066 Collins, 17th Henry County Provides for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; pro vides that such chairman shall be the chief executive officer of the county. HB 2073 Engram, 34th Fayette County Changes the provisions relative to the compensation of the judge of the Pro bate Court of Fayette County. HB 2074 Engram, 34th Fayette County Changes the provisions relative to the compensation of the tax commissioner of Fayette County. HB 2075 Engram, 34th Fayette County Changes the provisions relative to the compensation of the clerk of the Supe rior Court of Fayette County. HB 2076 Dawkins, 45th Rockdale County Provides for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis; provides that such nonpartisan primaries and elections shall be held and conducted in accor dance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated. HB 2080 Dawkins, 45th Peevy, 48th Phillips, 9th 2524 JOURNAL OF THE SENATE Gwinnett and Walton Counties City of Loganville Changes the powers and duties of the city manager; authorizes retention of staggered two-year terms of office. HB 2081 Foster, 50th Habersham and Rabun Counties Town of Tallulah Falls Changes the time and manner of electing the mayor and council; provides for terms. HB 2082 Phillips, 9th Peevy, 48th Gwinnett County City of Snellville Changes the corporate limits of the city. HB 2084 Gillis, 20th Toombs County City of Santa Claus Expands the corporate limits of the city. 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 Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Shumake Stumbaugh Tate Timmons Turner Walker Those not voting were Senators: Albert Bowen Engram Fuller Garner Langford Phillips Scott of 36th Starr Taylor Tysinger On the passage of all the local bills, the yeas were 45, nays 0. FRIDAY, MARCH 9, 1990 2525 All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. Senator Kennedy of the 4th, President Pro Tempore, assumed the Chair. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to ex pand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees. Senator Barker of the 18th moved that the Senate insist upon the Senate substitute to HB 1617. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1617. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 250 was as follows: A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the registration, licensing, or certification 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, authority, com pensation, expenses, quorum, practices, and procedures thereof; to provide for the board to be attached to the Georgia Real Estate Commission for administrative purposes; to provide for the determination of fees; to provide for the status of any registration, license, or certifi cation issued by the board to an employee of the Georgia Real Estate Commission; to pro vide for a seal; to provide for the use of records as evidence; to provide for applications for registration, licensing, or certification; to provide qualifications for registration, licensing, or certification; to provide for continuing education as a condition for renewal of a registration, license, or certificate; to provide for license and certification requirements applicable to non residents; to provide for wall certificates and the use of registration, license, or certification numbers; to provide for registration, license, certification, examination, and renewal fees generally; to provide for reactivation in cases where a registration, license, or certification has lapsed; to provide for inactive registrations, licenses, or certifications; to provide for fees for schools offering approved courses required of real estate appraisers; to provide excep tions; to provide certain penalty fees; to provide for the disposition of fees collected; to 2526 JOURNAL OF THE SENATE provide for the granting, revocation, or suspension of registrations, licenses, or certifications; to provide for hearings and the applicability of Chapter 13 of Title 50, the "Georgia Admin istrative Procedure Act"; to provide for the applicability of Chapter 7 of Title 14, the "Geor gia Professional Corporation Act"; to provide requisites for maintaining certain civil actions; to provide for violations by appraisers and schools; to provide penalties; to provide for the use of the term "certified" in connection with appraisal reports; to provide for the use of the term "certified real estate appraiser" only under certain conditions; to prohibit the issuance of a registration, license, or certification to a corporation, partnership, firm, or group; to provide for specialized services; to provide for investigations; to provide for injunctive ac tions by the Attorney General; to provide exceptions under this Act; to provide that a per son 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 certain actions relating to appraisal activity shall constitute crimes; to provide a criminal penalty; to provide for termi nation 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 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 an analysis, opinion, or conclusion pre pared by an appraiser 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) 'Appraisal Subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examina tion Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended. (5) 'Appraiser' means any person who is a registered real estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser. (6) 'Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter. (7) '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. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter. (8) 'Certified real estate appraiser' means a person who for a valuable consideration engages in real estate appraisal activity on any type of real estate or real property and who holds a current, valid certification issued under the provisions of this chapter. FRIDAY, MARCH 9, 1990 2527 (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 an analysis, 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 analysis, opinion, or conclusion relat ing 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 a valuable consideration engages in real estate appraisal activity on real estate or real property of one to four units and up to 12 units the value of which is less than $1 million when a net income capitaliza tion analysis is not required by the terms of the assignment or on such real estate or real property as may be authorized by the Appraisal Subcommittee and who holds a current, valid license issued under the provisions of this chapter. (15) 'Registered real estate appraiser* means a person who 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 and such federally related transactions as the Appraisal Subcommittee may approve and who holds a current, valid registration issued under the provisions of this chapter. (16) 'Real estate' means an identified parcel or tract of land, including improvements, if any. (17) 'Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report. (18) 'Real estate related financial transaction' means any transaction involving: (A) The sale, lease, purchase, or exchange of or investment in real estate or real prop erty or the financing thereof; (B) The refinancing of real estate or real property; and (C) The use of real estate or real property as security for a loan or investment, includ ing mortgage backed securities. (19) 'Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate. (20) 'Specialized services' means services, other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connec tion with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling. (21) 'State' includes any state, district, territory, possession, or province of the United States or Canada. (22) 'Valuation' means an estimate of the value of real estate or real property. (23) 'Valuation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that estimates the value of an identi fied 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 2528 JOURNAL OF THE SENATE 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 or a licensed real estate appraiser. Two of the ap praiser members shall be certified real estate appraisers, and two shall be licensed real es tate appraisers. (d) The term of each member of the board shall be three years, 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 appointed 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; (2) Incompetence; or (3) Dishonest conduct. (f) The members of the board shall annually elect a chairperson from among the mem bers 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 chairperson shall deem it necessary to give full consid eration to the business before the board. A quorum of the board shall be three members. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meet ings, and generally do such acts and things as may seem advisable to the board in the ad vancement 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 FRIDAY, MARCH 9, 1990 2529 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 registration, license, or certification issued to an employee of the com mission by the board shall be on inactive status during the time of the employee's employ ment with the commission. Any such employee shall not be required to pay a fee to keep a registration, license, or certification on an inactive status. Such registration, license, or certi fication 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. The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification. 43-39A-7. Any person desiring to act as a registered, licensed, or certified real estate appraiser must file an application for a registration, 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 registered real estate appraiser, an applicant must: (A) Make application therefor within two years 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; (D) Be a high school graduate or the holder of a general educational 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 registration without a hearing. (b) (1) In order to qualify as a licensed 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 educational 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; (E) Demonstrate to the satisfaction of the board at least two years of experience in real 2530 JOURNAL OF THE SENATE estate appraisal activity acquired within a period of five years immediately preceding the filing of the application for licensing; and (F) After meeting the requirements of subparagraphs (D) and (E) of this paragraph, stand for and pass an examination administered by or approved by the board covering gen erally the matters confronting licensed real estate appraisers. (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. (c) (1) In order to qualify as a certified 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 educational 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; (E) Demonstrate to the satisfaction of the board at least two years of experience in real estate appraisal activity acquired within a period of five years immediately preceding the filing of the application for certification; and (F) After meeting the requirements of subparagraphs (D) and (E) of this paragraph, stand for and pass an examination administered by or approved by the board covering gen erally matters confronting certified 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) The board is authorized to waive or to modify any experience, examination, or edu cation requirements established in this chapter for appraisers in order to bring those re quirements into conformity with any such requirements established by the Appraisal Subcommittee. (e) As a prerequisite to renewal of a registration, license, or certification, an appraiser shall present evidence satisfactory to the board of having successfully completed or in structed, during the immediately preceding term of registration, licensure, or certification, a board approved continuing education course or courses of not less than ten hours of in-class instruction for each year of the renewal period for licensed real estate appraisers and certi fied real estate appraisers and 20 hours of in-class instruction for each year of the renewal period for registered real estate appraisers. No appraiser whose registration, license, or certi fication has been placed on inactive status shall be allowed to reactivate a registration, li cense, 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) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the follow ing: (1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property; 2) An understanding of the basic principles of land economics and the real estate ap praisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process; FRIDAY, MARCH 9, 1990 2531 (3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter; (4) An understanding of the ethical rules that an appraiser is required to observe; (5) Appropriate knowledge of theories of depreciation cost estimating, methods of capi talization, and the mathematics of real estate appraisal; (6) An understanding of basic real estate law; (7) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and (8) An understanding of such other matters as may confront appraisers in real estate appraisal activity. (h) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a registration, license, or certification or denial of renewal of a registration, license, or certification without further hearing. No fees or portion of fees paid shall be refunded if an appraiser fails to meet the continuing education provi sions 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 licensure or certification or of continuing education for licensed real estate appraisers or certified real estate appraisers, if the Appraisal Subcommittee adopts higher minimum hours for such licensed or certified appraisers, provided that the board requires at least those minimum hours required by the Appraisal Subcommittee. 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 licensure or certification, an irrevocable consent 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 licensed or certified under the laws of such other state may obtain a similar license or certification as an 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 the 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 the nonresident appraiser a notice to produce documents or to appear for an interview with an authorized investigator or the board and the nonresident appraiser fails to 2532 JOURNAL OF THE SENATE 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 registered real estate appraiser, 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 ap praiser's place of business. The board shall also prepare and deliver a pocket card indicating that the person whose name appears thereon is a registered real estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser, as the case may be. (b) A registration, license, or certification issued under authority of this chapter shall bear a number assigned by the board. When signing an appraisal report, a registered real estate appraiser shall place his or her registration number adjacent to or immediately below his or her title of 'Registered Real Estate Appraiser." When signing an appraisal report, a licensed real estate appraiser shall place his or her license number adjacent to or immedi ately below his or her title of 'Licensed Real Estate Appraiser.' When signing an appraisal report, a certified real estate appraiser shall place his or her certificate number adjacent to or immediately below the title of 'Certified Real Estate Appraiser.' Such registration, li cense, 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 registered, licensed, or certified status. (c) Wall certificates and pocket cards shall remain the property of the board and, upon any suspension or revocation of a registration, license, or certification pursuant to this chap ter, the individual holding the related wall certificate or pocket card shall immediately re turn such wall 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. 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 registration, license, or certification, each appli cant shall pay an activation fee in advance as established by the board. (d) All registrations, licenses, and certifications shall be renewed periodically as deter mined by the board in its rules and regulations, and the board shall charge a fee for any such registration, license, or certification renewed. The time for renewal of a registration, 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 registration, license, or certification in accordance with this chapter. A regis tration, license, or certification not renewed in accordance with this subsection shall be (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 registration, license, or certification lapses for failure to pay renewal fee may reactivate that registration, license, or certification within two years of the FRIDAY, MARCH 9, 1990 2533 date of its lapsing by paying the total mount of all renewal fees and late charges which would have been due during the period when registration, license, or certification was lapsed plus a reactivation fee. If any appraiser allows a registration, license, or certification to lapse for a period longer than two years due solely to failure to pay a renewal fee, the appraiser may have that registration, 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 registration, 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 registration, license, or certification has lapsed for longer than ten years and who seeks to have that registration, license, or certification reinstated must requalify as an origi nal applicant as set forth in Code Section 43-39A-8. The board may refuse to renew a regis tration, license, or certification if the appraiser has continued to perform real estate ap praisal activities following the lapsing of that registration, license, or certification. (g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue a registration, license, or certification by making a written request within 14 days of ceasing work that the registration, license, or certification be placed on inactive status. Any appraiser whose registration, license, or certification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate a registra tion, license, or certification held on inactive status, an appraiser must make application to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reacti vate a registration, license, or certification which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have oth erwise been required to meet during the period when the appraiser's registration, license, or certification was placed on inactive status. (h) Any appraiser who places a registration, license, or certification on inactive status shall be required 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 registration, license, or certification shall be lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the board 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 registration, license, or certification or for imposing any sanction permitted by this chapter. (j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school 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. (k) A reasonable fee, not to exceed the renewal fee charged for a registration, 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 appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338. 43-39A-12. Except as provided for in subsection (1) of Code Section 43-39A-11, 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 contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the board shall be paid from the funds received pursuant to this chapter. The expenses of the board and its support staff, must always be kept within the income collected and deposited in 2534 JOURNAL OF THE SENATE 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 regulate the issuance of registrations, licenses, and certifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for registrations, licenses, and certifications consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals. 43-39A-14. (a) Registrations, licenses, or certifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to trans act real estate 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 registration, 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 registration, a license, or a certification. As used in this chapter, the term 'fel ony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this chapter, the term 'convic tion' 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 registration, 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 applicant 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 sufficient ground for refusal of a registra tion, a license, or a certification. An applicant for a registration, a license, or a certification who has been convicted of any offense enumerated in this subsection may be registered, licensed, or 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 registration, a license, or a certifica tion 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 registration, license, or certification. (e) Grounds for suspension or revocation of a registration, license, or certification, as provided for by this chapter, shall also be grounds for refusal to grant a registration, license, or certification. (f) The conduct provided for in subsections (a) through (d) of this Code section which relates to the denial of a registration, 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. FRIDAY, MARCH 9, 1990 2535 (g) If an appraiser: (1) Voluntarily surrenders a license or certification to the board; (2) Allows a registration, license, or certification to lapse due to failure to meet educa tion requirements provided by law; or (3) Allows a registration, license, or certification to lapse due to failure to pay any re quired fees after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter but before the board enters a final order in the matter, then upon submission 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 registration, license, or certification to such person. (h) Where an applicant for a registration, 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 registration, license, or certification. An applicant for a license or certification 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 the applicant's occupational li cense 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 interest 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 registration, 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 activity for which a registration, a license, or a certification is required 2536 JOURNAL OF THE SENATE by this chapter without alleging and proving that such person was registered, 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; to revoke or suspend any registration, license, or certification issued under this chapter; to revoke or suspend approval of any school; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate when ever a license or certification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or an approved school 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 real estate appraisal activity under an assumed or fictitious 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 appraisal assignment; (12) Failure to retain for a period of five years the original or a true copy of each ap praisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The five-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, FRIDAY, MARCH 9, 1990 2537 within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-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 registration, license, or certification held; (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; or (16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity. (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 registration, license, or certifi cation after opportunity for a hearing. 43-39A-19. (a) No person other than a certified real estate appraiser shall assume or use such title or any title, designation, or abbreviation likely to create the impression of certifi cation as a real estate appraiser. A person 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 registered real estate ap praiser or a licensed real estate appraiser from appraising real estate for compensation. However, any appraisal report prepared by a registered real estate appraiser or 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 term 'certified real estate 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 referring to a firm, partnership, corporation, group, or any one other than an individual holder of the certification. (d) No registration, 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 the third parties or the public as acting as a disinterested 2538 JOURNAL OF THE SENATE 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 the appraiser enters into an agreement to perform specialized services for a con tingent 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. (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 school approved by the board; provided, however, that, whenever a request for investigation involves an ap praisal report which varies from a sales, lease, or exchange price by 10 percent or less, the board may in its discretion decline to conduct an investigation. 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 occurred 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 chairperson 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 chairperson 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 FRIDAY, MARCH 9, 1990 2539 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 investigation 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 another law enforcement agency or lawful licensing author ity 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 hear ing, 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 registration, a license, a certification, or a school approval or whenever an appraiser or an approved school surrenders a registration, a license, a certification, or an approval to the board after the board has filed a notice of hearing, the board shall publish the name of such appraiser or approved school 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 registration, license, or certification as provided in this chapter. Nothing 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: (1) Individuals: (A) Who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion, or conclusion; or (B) Who assist an appraiser in the preparation of an appraisal report but do not sign that report or make any representations regarding it to any third party; (2) A real estate licensee licensed in accordance with Chapter 40 of this title who, in the ordinary course of real estate brokerage business, gives a broker's price opinion, competitive market analysis, or any other written or oral opinion to a potential seller, purchaser, land lord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal; (3) A registered forester registered pursuant to the provisions of Code Section 12-6-40 2540 JOURNAL OF THE SENATE who appraises or evaluates standing or growing timber located in this state and issues a 'certified' appraisal or evaluation on such timber as permitted by Code Section 12-6-40; (4) Any individual, partnership, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as officer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion of value on real estate or real property leased or to be acquired by such owner; or (5) Any person who testifies to the value of real estate or real property in the courts of this state. 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 activity 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 meaning of this chapter. The commission of a single such act by a person who is required to have a registration, license, or certification under this chapter but who is not so registered, 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 registration, license, or certification as provided in this chapter. (c) Notwithstanding any other provisions of law to the contrary, 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. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the board. (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 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 registration, 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. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 250. FRIDAY, MARCH 9, 1990 2541 On the motion a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barker Barnes Broun Burton Clay Collins Dawkins Deal Dean Echols Egan English Engram Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kidd Land Newbill Parker Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Starr Tate Taylor Timmons Turner Walker Voting in the negative were Senators Brannon and Peevy. Those not voting were Senators: Albert Bowen Coleman Edge Fincher Kennedy (presiding) Langford McKenzie Olmstead Scott of 2nd Stumbaugh Tysinger On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House substitute SB 250. The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon: HB 1554. By Representatives Clark of the 20th and Jackson of the 9th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain per sons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941. The Conference Committee report on HB 1554 was as follows: The Committee of Conference on HB 1554 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1554 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Roy Barnes Senator, 33rd District /s/ Joe Burton Senator, 5th District /s/ James W. Tysinger Senator, 41st District FOR THE HOUSE OF REPRESENTATIVES: /s/ Bill Barnett Representative, 10th District /s/ Herman Clark Representative, 20th District /s/ Jerry D. Jackson Representative, 9th District 2542 JOURNAL OF THE SENATE Conference Committee substitute to HB 1554: A BILL To be entitled an Act 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 persons and vehicles, so as to provide that under certain circumstances the state revenue commis sioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941; to provide procedures connected therewith; to provide for the design of such license plates; to provide for the transfer or return of such license plates under certain conditions; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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 persons and vehicles, is amended by adding between Code Sections 40-2-75.2 and 40-2-76 a new Code Section 40-275.4 to read as follows: "40-2-75.4. (a) Motor vehicle owners who are veterans of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941, shall be eligible to receive special and distinctive vehicle license plates for private passenger car, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applications have been received. After receipt of 250 applications for such a distinctive license plate, the commis sioner shall design a distinctive license plate as provided in subsection (c) of this Code sec tion and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Addi tional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a survivor of the Japanese attack on Pearl Harbor on December 7, 1941. (d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license FRIDAY, MARCH 9, 1990 2543 plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-76. (e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section." Section 2. This Act shall become effective January 1, 1991, except that for purposes of the acceptance of license plate applications and design of such plate by the commissioner, it 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 Burton of the 5th moved that the Senate adopt the Conference Committee report on HB 1554. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Brannon Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford McKenzie Newbill Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Stumbaugh Tate Taylor Turner Those not voting were Senators: Barker Bowen Fuller Garner Kennedy (presiding) Olmstead Phillips Shumake Starr Timmons Tysinger Walker On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1554. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitutes to the following bills of the House: 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 2544 JOURNAL OF THE SENATE with proceeds from the manufacture, distribution, or sale of controlled sub stances or marijuana; to provide for disposition of such real property. HB 1742. By Representative Godbee of the 110th: A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 766. By Senators Ragan of the 32nd, Clay of the 37th, Barnes of the 33rd and others: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the number of assistant solicitors; to provide that one of such assis tant solicitors shall be assigned to the Cobb County Adult Detention Center; to provide for related matters; to provide an effective date. The following bill of the House was taken up for the purpose of considering the Confer ence report thereon: 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. The Conference Committee report on HB 1297 was as follows: The Committee of Conference on HB 1297 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1297 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Horace E. Tate Senator, 38th District /s/ J. Nathan Deal Senator, 49th District /s/ John C. Foster Senator, 50th District FOR THE HOUSE: OF REPRESENTATIVES: /s/ Helen Selman Representative, 32nd District /s/ Dick Lane Representative, 27th District /s/ Suzi Johnson-Herbert Representative, 76th District Conference Committee substitute to HB 1297: A BILL To be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 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 school system superin- FRIDAY, MARCH 9, 1990 2545 tendents and the police authority or district attorney; to provide for immunity from liabil ity; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, is amended by adding at the end a new Code section to read as follows: "20-2-1184. (a) Any teacher or other person employed at any public or private elemen tary or secondary school who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohib ited by any of the following: (1) Code Section 16-5-24, relating to aggravated battery; (2) Chapter 6 of Title 16, relating to sexual offenses; (3) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings; or (4) Code Section 16-13-30, relating to possession and other activities regarding mari juana and controlled substances, may make a written report of that act and the name of the student to the principal of that school or the principal's designee. (b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof as soon as possible by telephone or otherwise to the appropriate school system superintendent. If the superintendent has reasonable cause to believe that the report is valid, he shall immediately make a written and oral report to the appropriate police au thority and district attorney. (c) Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial pro ceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such par ticipation pursuant to this Code section is made in good faith. (d) Any person required to make a report pursuant to this Code section who knowingly and willfully fails to do so shall be guilty of a misdemeanor." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Tate of the 38th moved that the Senate adopt the Conference Committee re port on HB 1297. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Brannon Broun Burton Collins Dawkins Edge Engram Fincher Foster Garner Gillis Harris Howard Huggins Kidd Land Langford McKenzie Newbill Olmstead Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner 2546 JOURNAL OF THE SENATE Those voting in the negative were Senators: Echols Hammill Johnson Parker Peevy Perry Scott of 2nd Those not voting were Senators: Barker BClawyen Coleman Deal Dean Egan English Fuller Kennedy (presiding) Starr Tysinger Walker On the motion, the yeas were 36, nays 7; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1297. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Peevy of the 48th moved that the Senate insist upon the Senate substitute to HB 1350. On the motion, Senator Kennedy of the 4th, President Pro Tempore, who was presid ing, ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Baldwin Barnes Brannon Burton Uj-j awI kins Echols Edge English Engram Fincher Foster Garner Gillis Hammill Harris Howard Huggins TLKaidndd, Langford Newbill Olmstead Parker Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd SSnihcoutmt aok,fe36th Stumbaugh Tate Taylor Timmons Turner Walker Those not voting were Senators: Albert Barker Bowen Broun Coleman Dean Egan Fuller Johnson FRIDAY, MARCH 9, 1990 2547 Kennedy (presiding) McKenzie Starr Tysinger On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1350. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 468. By Senator Kidd of the 25th: A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chap ter 7 of Title 31 on statutes which require competitive bidding. The House substitute to SB 468 was as follows: A BILL To be entitled an Act to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the authority's name; to change the short title of the article; to change the state ment of purpose; to change the definition of certain terms; to define an additional term; to change the provisions relating to the creation of the authority; to change the provisions relating to the powers of the authority; to provide for legal representation by the Attorney General; to change the provisions relating to the effect of Article 10 of Chapter 7 of Title 31 on statutes which require competitive bidding; to change the provisions relating to the pro gram of providing health equipment to providers of health facilities; to change the provi sions relating to the issuance of bonds by the authority; to change the provisions relating to the authorization to secure bonds; to change the provisions relating to the restriction on the disposition of funds received by the authority; to change the provisions relating to the taxexempt status of the authority; to change the provisions relating to the submission of annual reports to the Governor and the General Assembly; 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 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," is amended by striking in its entirety Code Section 31-7-190, relating to the short title of said article, and inserting in lieu thereof a new Code Section 31-7-190 to read as follows: "31-7-190. This article shall be known and may be cited as the 'Hospital Financing Authority Act.'" Section 2. Said article is further amended by striking in its entirety Code Section 31-7191, relating to the statement of purpose of said article, and inserting in lieu thereof a new Code Section 31-7-191 to read as follows: "31-7-191. The purpose of this article shall be to provide a mechanism through which hospitals may finance health equipment and facilities at lower than prevailing costs and to make this mechanism available to the largest number of hospitals feasible, including, but not limited to, those hospitals which serve disproportionately high numbers of indigent patients." Section 3. Said article is further amended by striking in its entirety Code Section 31-7- 2548 JOURNAL OF THE SENATE 192, relating to definitions, and inserting in lieu thereof a new Code Section 31-7-192 to read as follows: "31-7-192. As used in this article, the term: (1) 'Authority' means the Hospital Financing Authority created by this article and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article. (2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding bonds, re funding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating provider or health facility or any other lawfully pledged security of a participating provider or health facility. (3) 'Cost' as applied to a project or any portion thereof financed under this article includes: (A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of a project; (B) The cost of any property interest in a project, including an option to purchase a leasehold interest; (C) The cost of architectural, engineering, legal, trustee, underwriting, and related ser vices; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of a project; (D) The cost of financing charges, including premiums or prepayment penalties and interest accrued before the acquisition and installation or refinancing of such project for up to three years after such acquisition and installation or refinancing and costs related to a project for up to three years after such acquisition and installation or refinancing; (E) The costs paid or incurred in connection with the financing of a project, including out-of-pocket expenses, the cost of any policy of insurance, the cost of printing, engraving, and reproduction services, and the cost of the initial or acceptance fee of any trustee or paying agent; (F) The costs of the authority incurred in connection with providing a project, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing a project; and (G) The costs paid or incurred for the administration of any program for the purchase or lease of or the making of loans for a project by the authority and any program for the sale or lease of or making of loans for a project to any participating provider. (4) 'Health facility' means any nonprofit health care facility licensed by the department under Article 1 of this chapter as a hospital which is owned or operated by a participating provider and which is utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel. (4.1) 'Nonprofit' means exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (5) 'Participating provider' means a nonprofit person, corporation, municipal corpora tion, or political subdivision or other nonprofit entity, public or private, which: (A) Is a hospital authority or is affiliated with a hospital authority organized and ex isting under the provisions of Article 4 of this chapter, the 'Hospital Authorities Law'; or (B) Owns or operates, directly or indirectly, or is affiliated with at least one nonprofit health facility which is licensed as a hospital by the department under Article 1 of this chapter FRIDAY, MARCH 9, 1990 2549 and which contracts under this chapter with the authority for the financing or refinancing of, or the lease or other acquisition of, a project. (6) 'Project' means and includes the acquisition, construction, and equipping of a health facility." Section 4. Said article is further amended by striking in its entirety Code Section 31-7193, relating to the creation of the Hospital Equipment Financing Authority, and inserting in lieu thereof a new Code Section 31-7-193 to read as follows: "31-7-193. (a) There is created, with such duties and powers as are set forth in this chapter, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an essential governmental function, to be known as the Hospital Financing Authority. (b) The authority shall be governed by five members appointed by the Governor, including: (1) At least one trustee, director, officer, or employee of a health facility or an associa tion of health facilities; (2) At least one person who has experience in the field of state and municipal finance either as a partner, officer, or employee of an investment banking firm which originates and purchases state and municipal securities or as an officer or employee of an insurance com pany or bank whose duties relate to the purchase of state and municipal securities as an investment and to the management and control of a state and municipal securities portfolio; and (3) At least one person who has experience in the hospital building construction field or the hospital equipment field. (c) All members must be Georgia residents. (d) Two of the members appointed in 1984 shall be appointed for a term expiring Janu ary 1, 1986; two shall be appointed for a term expiring January 1, 1988; and one shall be appointed for a term expiring January 1, 1990. Thereafter, each member shall be appointed for a six-year term. Vacancies in the membership of the authority shall be filled for the unexpired term by appointment by the Governor. Each member shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Members may be reappointed. Any member may be removed from office by the Governor for incompetency, neglect of duty, or malfeasance in office. (e) The members shall elect a chairman, a vice chairman, and other officers. The mem bers may not be compensated for their services but they shall be reimbursed for their actual and necessary expenses as determined by the authority. (f) A majority of the members of the authority constitutes a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present and who are not disqualified from voting under subsection (k) of this Code section is necessary for any action to be taken by the authority. No vacancy in the membership of the authority impairs the right of a quorum to exercise all rights and per form all duties of the authority. (g) Meetings of the members of the authority shall be held at the call of the chairman or whenever any two members so request. The members shall meet at least once every year. (h) The authority may contract with one or more entities or persons to provide an ad ministrative staff and clerical services and to assist in the management of the routine affairs of the authority, including the originating and processing of any applications from partici pating providers for the lease or purchase from the authority, or financing, reimbursing, or refinancing by the authority, of a project and to service the leases, installment purchase contracts, and loan agreements between the authority and the participating providers. The administrative staff shall include an executive director who shall serve as the ex officio sec retary of the authority. The executive director may be an employee of any such entity. 2550 JOURNAL OF THE SENATE (i) The executive director shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain all books, docu ments, and papers filed with the authority, the minutes of the authority, and its official seal. He may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If the executive director is unable to attend a meeting of the members of the authority, the members of the authority shall designate a member of the authority or another person to be responsible for carrying out the duties set out in this subsection and in subsection (h) of this Code section. (j) (1) Notwithstanding any other law or judicial decision to the contrary, a member of the authority does not violate any law, civil or criminal, if: (A) He is qualified under paragraph (1) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting of the authority with respect to any undertaking under this article in which the participating provider with which that per son is affiliated has a pecuniary interest at the time of such discussion, deliberation, action, or vote; (B) He is qualified under paragraph (2) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to any sale, purchase, or ownership of bonds of the authority in which the investment banking firm, or insurance company, or bank of which the member is a partner, shareholder, officer, or employee has a pecuniary interest at the time of such discussion, deliberation, action, or vote; (C) He is qualified under paragraph (3) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to the installation or acquisition of a project of the authority in which any partnership, firm, joint venture, sole proprietorship, or corporation of which such person is an owner, venturer, participant, partner, shareholder, officer, or employee has a pecuniary interest at the time of such discussion, deliberation, action, or vote; or (D) Any member or employee of the authority: (i) Who has, or, to his knowledge, may have, or later may acquire a direct or indirect pecuniary interest in any transaction with the authority; or (ii) Who is an officer, member, director, or employee of or has an ownership interest in any firm or corporation interested directly or indirectly in any transaction with the authority immediately discloses the nature and extent of the interest in writing to the authority as soon as he has knowledge of the interest. This disclosure shall be entered upon the minutes of the authority. Upon this disclosure, the member or employee may not participate in any action by the authority authorizing such transaction. (2) Notwithstanding any provisions of this Code section or any other law, a contract or transaction may not be considered void or voidable because of the presence of an interest described in this Code section if the provisions of this Code section have been satisfied. (k) Notwithstanding the provisions of any other law, an officer or employee of the state may not be required to vacate his office or employment solely because he is a member of the authority or has provided services to the authority. (1) Before the issuance of any bonds under this article, the executive director of the authority shall execute a surety bond in the penal sum of $50,000.00 If the executive direc tor of the authority is already covered by a bond required by state law, the executive direc tor need not obtain another bond if the bond required by state law is in at least the penal sum specified in this Code section and covers the executive director's activities for the au thority. In lieu of this bond, the chairman of the authority may execute a blanket surety bond covering each member, the executive director, and the employees, agents, or other FRIDAY, MARCH 9, 1990 2551 officers of the authority. At all times after the issuance of any surety bonds, these surety bonds shall be maintained in full force and effect. All costs of the surety bonds shall be borne by the authority." Section 5. Said article is further amended by striking in its entirety Code Section 31-7194, relating to the powers of the authority, and inserting in lieu thereof a new Code Section 31-7-194 to read as follows: "31-7-194. (a) The authority has all powers necessary to carry out and effectuate its public and corporate purposes, including but not limited to the following: (1) To have perpetual succession as a public body corporate and politic and an indepen dent public instrumentality exercising essential public functions; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To sue and be sued in its own name; (4) To have an official seal; (5) To maintain an office in Georgia; (6) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article; (7) To employ architects, engineers, inspectors, accountants, health care and financial experts, and such other advisers, consultants, and agents as may be necessary in its judg ment without the approval of or consent by any other state official and to fix their compensation; (8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable, including the power to pay premiums on any such insurance; (9) To procure insurance or guarantees from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment: (A) On a loan, lease, or purchase payment owed by a participating provider to the au thority; and (B) Of any bonds issued by the authority, including the power to pay premiums on any such insurance or guarantee; (10) to procure letters of credit or other credit facilities or agreements from any na tional or state banking association or other entity authorized to issue a letter of credit or other credit facilities or agreements to secure the payment of any bonds issued by the au thority or to secure the payment of any loan, lease, or purchase payment owed by a partici pating provider to the authority, including the power to pay the cost of obtaining such letter of credit or other credit facilities or agreements; (11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the conditions upon which the grants or contributions are made, including gifts or grants from any depart ment, agency, or instrumentality of the United States for any purpose consistent with this article; (12) To provide, or cause to be provided by a participating provider, by acquisition, construction, lease, fabrication, repair, restoration, reconditioning, refinancing, or installa tion of a project to be located within a health facility in Georgia; (13) To lease as lessor a project for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (14) To sell by installment or otherwise to sell by option or contract for sale and to 2552 JOURNAL OF THE SENATE convey all or any part of a project for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (15) To make contracts and incur liabilities, borrow money at such rates of interest as the authority determines, issue its bonds in accordance with this article, and secure any of its bonds or obligations by a mortgage or pledge of all or any of its property, franchises, and income or as otherwise provided in this article; (16) To make secured or unsecured loans for the purpose of providing temporary or permanent financing or refinancing for the cost of a project, including the retiring of any outstanding obligations issued by a participating provider and the reimbursement to a par ticipating provider for the cost of a project incurred in anticipation of procuring such fi nancing or refinancing from the authority or other sources, and to charge and collect inter est on such loans for such loan payments and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (17) To invest and reinvest its funds and to take and hold property as security for the investment of such funds as provided in this article; (18) To purchase, receive, lease (as lessee or lessor), or otherwise acquire, own, hold, improve, use, or deal in and with a project, or any interest therein, wherever situated; (19) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (20) To the extent permitted under its contract with the holders of bonds of the author ity, to consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest or any other terms of any contract, loan, loan note, loan note commitment, lease, or agreement of any kind to which the authority is a party; (21) To charge to and apportion among participating providers its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article; (22) Except as otherwise provided in a trust agreement or bond resolution securing bonds of the authority, to invest any funds held in reserve in such indebtedness or obliga tions designed by the authority for investments of its funds held under this article; (23) To collect fees and charges, as the authority determines to be reasonable, in con nection with its loans, leases, sales, advances, insurance, commitments, and servicing; (24) To cooperate with and exchange services, personnel, and information with any fed eral, state, or local governmental agency; (25) To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority; and (26) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following; (A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, or Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any FRIDAY, MARCH 9, 1990 2553 public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit In surance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Cor poration, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such ex cess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank lo cated within the state of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subpara graph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agen cies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agree ments, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any gov ernment bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repur chase agreement, rate guarantee agreement, or other similar banking arrangement shall per mit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or implementation of the public purposes of this article inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority pass to and are vested in the state, subject to the rights of lienholders and other creditors. (c) The Attorney General shall provide legal services for the authority and in connec tion therewith Code Sections 45-15-13 and 45-15-16 shall be fully applicable." Section 6. Said article is further amended by striking in its entirety Code Section 31-7195, relating to the effect of this article on statutes which require competitive bidding, and inserting in lieu thereof a new Code Section 31-7-195 to read as follows: "31-7-195. A project financed under this article is not subject to any statutory require ment of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this article; however, if the prospective lessee or purchaser requests in 2554 JOURNAL OF THE SENATE writing, the authority shall call for bids in a manner determined by the authority with the approval of such lessee or purchaser." Section 7. Said article is further amended by striking in its entirety Code Section 31-7196, relating to the program of providing health equipment to providers of health facilities, and inserting in lieu thereof a new Code Section 31-7-196 to read as follows: "31-7-196. (a) The authority may initiate a program of providing projects to be oper ated by participating providers in Georgia. In furtherance of this objective, the authority may also: (1)Establish eligibility standards for participating providers, provided that such stan dards shall encourage maximum feasible participation for participating providers serving disproportionately high numbers of indigent patients; (2) Contract with any entity securing the payment of bonds under paragraphs (9) and (10) of subsection (a) of Code Section 31-7-194, authorizing the entity to approve the partic ipating providers that can finance or refinance a project with proceeds from the bond issue secured by that entity; (3) Lease to a participating provider specific projects upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the failure of the lessee to comply with any of its obligations under the lease or other wise as the lease provides, and include in any such lease provisions that the lessee has the options to renew the term of the lease for such periods and at such rents as may be deter mined by the authority or to purchase any or all of the projects to which the lease applies; (4) Loan to a participating provider under any installment purchase contract or loan agreement money to finance, reimburse, or refinance the cost of specific projects and take back a secured or unsecured promissory note evidencing such a loan and a security interest in the project financed or refinanced with such loan, upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete projects under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to be maintained, re paired, replaced, and otherwise improved a project owned by the authority; (7) Obtain or aid in obtaining property insurance on all projects owned or financed or accept payment if a project is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument with respect to any insur ance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may: (1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, be guaranteed by a loan guarantor, or be secured by a letter of credit; and (2) Require any other type of security from the participating providers that it considers reasonable and necessary. (c) The authority may not finance a project for any participating' provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need, or com parable certification of approval, to the participating provider for the project to be financed by the authority if the acquisition of such project by the participating provider would re quire a certificate of need, or comparable certification of approval, under Chapter 6 of this title." Section 8. Said article is further amended by striking in their entirety subsections (a), FRIDAY, MARCH 9, 1990 2555 (b), (g), and (i) of Code Section 31-7-197, relating to the issuance of bonds by the authority, and inserting in lieu thereof new subsections (a), (b), (g), and (i) to read as follows: "(a) The authority may issue, sell, and deliver its bonds, in accordance with this article, for the purpose of paying for or making loans to participating providers for the financing, reimbursing, or refinancing of all or any part of the cost of a project, to finance the acquisi tion of a project for lease or sale to participating providers, and any other purposes author ized by this article." "(g) The authority may provide for the issuance of bonds of the authority for the pur pose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered advisable by the authority, for the additional purpose of paying all or any part of the cost of a project." "(b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates, mature at such time or times, not exceeding 40 years from their respective dates of issue, bear interest at such fixed or varia ble rates without regard to any limitations contained in any other statute or laws of this state, be payable at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration and conversion privileges, have such rank or priority, be payable in lawful money of the United States at such places, within or outside this state, and be subject to such terms of redemption as such bond resolution may provide." "(i) The proceeds of the bonds, other than refunding bonds, of each issue shall be used for the payment of all or part of the cost of, or for the making of a loan in the amount of all or part of the cost of, a project for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of money from the proceeds of the sale and delivery of its bonds issued in accordance with this chapter, all of the authority's out-of-pocket ex penses and costs in connection with the issuance, sale, and delivery of such bonds, and the costs of obtaining insurance, guarantees, and letters of credit securing payment of the bonds and the lease and the loan and installment purchase payments, plus an amount equal to the compensation paid to any employees of the authority for the time those employees have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be disbursed in the manner and under the restrictions determined by the authority." Section 9. Said article is further amended by striking in its entirety subsection (b) of Code Section 31-7-198, relating to the authorization to secure bonds, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) (1) Any bond resolution or related trust indenture, indenture of mortgage, or deed of trust may contain provisions, which must be a part of the contract with the holders of the bonds to be authorized, as to: (A) Pledging or assigning the revenues generated by the project and pledging or as signing the notes and mortgage, lease, or other security given by the participating providers whose project has been financed with the proceeds of such bonds or other specified revenues or property of the authority; (B) The rentals, fees, interest, and other amounts to be charged by the authority, the schedule of principal payments, the sums to be raised in each year thereby, and the use, investment, and disposition of such sums; (C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof; (D) Limitations on the use of the project; (E) Limitations on the purpose to which or the investments in which the proceeds of sale of any issue of bonds then or thereafter may be applied; 2556 JOURNAL OF THE SENATE (F) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (G) The refunding of outstanding bonds; (H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds; (1) Acts or omissions that constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and (J) Any other matters relating to the bonds that the authority considers desirable. (2) Bonds of the authority may also be secured by and payable from a pooling of leases or of notes and mortgages or other security instruments whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of projects with two or more participating providers, as lessees, or assign its rights as payee or secured party and pledge the revenues under two or more notes and loan agreements from two or more participating providers upon such terms as may be provided for in bond resolutions or other instruments under which such bonds are issued." Section 10. Said article is further amended by striking in its entirety Code Section 31-7201, relating to exemption from taxation with respect to the authority, and inserting in lieu thereof a new Code Section 31-7-201 to read as follows: "31-7-201. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or otherwise, pertaining to such projects or upon other in come received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption provided in this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority, except that the authority shall be entitled to such exemption with respect to property for any particular project as is available to the participating provider pursuant to Article 1 of Chapter 8 of Title 48." Section 11. Said article is further amended by striking in its entirety Code Section 31-7206, relating to the requirement of submission of annual reports to the Governor and Gen eral Assembly, and inserting in lieu thereof a new Code Section 31-7-206 to read as follows: "31-7-206. Not later than the last day of January of each year, the authority shall sub mit an annual report of its activities for the preceding fiscal year to the Governor and the General Assembly. Each member of the General Assembly who requests a copy of the report from the chairman of the authority shall be sent a copy. Each report shall contain the name and address of the authority and a complete operating and financial statement for the au thority during the fiscal year it covers. Furthermore, each report shall contain a statement with respect to all bonds which the authority issued during the immediately preceding cal endar year, and such statement shall contain with respect to each such issue of bonds: (1) A copy of the resolution or other action authorizing the bonds; FRIDAY, MARCH 9, 1990 2557 (2) The identity of any public or private entity which will have any actual or potential liability for the payment of any part of the principal of or interest on such bonds; (3) A statement identifying the location and nature of all projects which have been financed with any part of the proceeds of such bonds; (4) The identity of each participating provider which will make use of any part of such projects; and (5) The amount, term, and interest rate of such bonds." Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 468. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Barnes Brannon Broun Burton Clay Collins Dawkins Deal Echols Edge Egan Engram Fincher Foster Garner Gillis Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Olmstead Parker Peevy Phillips Pollard Ragan of 10th Ray Scott of 36th Shumake Stumbaugh Tate Taylor Timmons Turner Voting in the negative was Senator Ragan of the 32nd. Those not voting were Senators: Albert Allgood English FuUer Bowen Coleman Dean Howard Kennedy (presiding) Newbill Perry Scott Of 2nd Starr Tysinger Walker On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 468. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 472. By Senator Kidd of the 25th: A bill to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt. 2558 JOURNAL OF THE SENATE The House substitute to SB 472 was as follows: A BILL To be entitled an Act to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt; to amend Code Sec tion 15-9-121 of the Official Code of Georgia Annotated, relating to jury trials in civil cases in probate court, so as to provide that a party may make written demand for a jury trial within 30 days after filing the first pleading of the party or within 15 days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to Code Section 29-5-6, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury within ten days after the date of mailing of the notice provided for by paragraph (1) of subsection (d) of Code Section 29-5-6; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Probate courts may issue rules and attachments for contempts offered the court or its process by any executor, administrator, guardian, or other person and may punish the same by a fine as high as $500.00 or imprisonment not exceeding 20 days, or both." Section 2. Code Section 15-9-121 of the Official Code of Georgia Annotated, relating to jury trials in civil cases in probate court, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial within 30 days after the filing of the first pleading of the party or within 15 days after the filing of the first pleading of an oppos ing party, whichever is later, except that with respect to a petition pursuant to Code Section 29-5-6, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury within ten days after the date of mailing of the notice provided for by paragraph (1) of subsection (d) of Code Section 29-5-6. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 472. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barnes Brannon Broun Egan English Engram Fincher Foster Newbill Olmstead Parker Phillips pollard ST Coleman Collins Dawkins Echols Edge St Gillis Harris Huggins Kidd Langford Rav Scott of 36th Taylor Timmons FRIDAY, MARCH 9, 1990 2559 Voting in the negative were Senators Johnson and Peevy. Those not voting were Senators: Allgood Barker BTM6" Dean Hammill Howard Kennedy (presiding) Land McKenzie Perrv Scott of 2nd Shumake Starr Stumbaugh Tate Turner Tysinger Walker On the motion, the yeas were 35, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 472. Senator Olmstead of the 26th introduced the doctor of the day, Dr. Jack Menendez, of Macon, Georgia. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House: HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others: A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any per son holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances. The House has disagreed to the Senate substitute to the following bill of the House: HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system edu cator has committed certain designated crimes under Georgia law. The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon: 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. 2560 JOURNAL OF THE SENATE The Conference Committee report on SB 450 was as follows: The Committee of Conference on SB 450 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 450 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Culver Kidd Senator, 25th District /s/ Gene Walker Senator, 43rd District /s/ Tommy C. Olmstead Senator, 26th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Jerry D. Jackson Representative, 9th District /s/ Bill Barnett Representative, 10th District /s/ Bobby E. Parham Representative, 105th District Conference Committee substitute to SB 450: A BILL To be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed; to provide definitions; to provide exceptions; to provide limitations on certain remedies; to provide penalties; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to prohibit the sale, purchase, use, etc. of license plates for the purpose of concealing the identity of the vehicle or to avoid payment of ad valorem taxes; to authorize use of an expired prestige license plate on the front of a vehicle; to require that the certificate of registration for a motor vehicle must be provided to the purchaser or transferee of such vehicle; to provide for exceptions; to provide for penalties; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to define certain terms; to provide for cancellation of the title and license plate on certain vehicles; to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements; to provide for all related mat ters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, is amended by adding after Code Section 40-1-4 a new Code Sec tion 40-1-5 to read as follows: "40-1-5. (a) As used in this Code section, the terms 'dealer,' distributor,' 'manufacturer,' and 'new motor vehicle,' shall have the same meaning as set forth in Code Section 40-2-36.1. (b) Except as provided in this subsection and in subsection (c) of this Code section, prior to the sale of a new motor vehicle, a dealer must disclose to the buyer any damage which has occurred to the vehicle of which the dealer has actual knowledge and which costs more than 5 percent of the manufacturer's suggested retail price to repair. Prior to the sale of a new motor vehicle, a dealer must also disclose to the buyer any damage which has occurred to the paint of which the dealer has actual knowledge and which costs more than $500.00 to repair. Damages shall be calculated at the actual cost of such repair. (c) Notwithstanding anything to the contrary in subsection (b) of this Code section, in calculating the amount of damage for purposes of disclosure under subsection (b) of this Code section, a dealer shall not be required to take into account nor shall a dealer be re quired to disclose damage to glass, tires, wheels, bumpers, radio, or in-dash audio equip- FRIDAY, MARCH 9, 1990 2561 ment, regardless of cost, so long as the item is replaced with original or reasonably compara ble equipment. (d) Prior to the delivery of a new motor vehicle, each manufacturer, distributor, carrier, or motor vehicle importer must disclose to the dealer any damage which has occurred to the vehicle of which the manufacturer, distributor, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, distributor, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the dealer for any liability imposed on such dealer for a failure on the part of the dealer to comply with the require ments of this Code section. (e) Prior to the delivery of a new motor vehicle, each manufacturer, carrier, or motor vehicle importer must disclose to the distributor any damage which has occurred to the vehicle of which the manufacturer, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the distributor for any liability imposed on such distributor for a failure on the part of the distributor to comply with the requirements of this Code section. (f) If disclosure is not required under this Code section, a buyer may not revoke or rescind a sales contract, and relief may not be sought under this or any other provision of this Code, including Part 2 of Article 15 of Chapter 1 of Title 10 due to the fact that the new motor vehicle was damaged and repaired prior to the sale. (g) A violation of this Code section shall be a per se violation of Code Section 10-1-393, and the penalties, procedures, and remedies applicable to violations of Code Section 10-1393 shall be applicable to a violation of this Code section." Section 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-5, relating to use of a license plate for purposes of concealing or misrepresenting the identity of a vehicle, which reads as follows: "40-2-5. (a) It shall be unlawful to buy, steal, sell, receive, dispose of, conceal, possess, or use any vehicle license plate upon or in conjunction with the possession of any such vehicle except the vehicle for which the plate was issued, for the purpose of concealing or misrepresenting the identity of any vehicle which is required to bear a license plate. (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by con finement in the penitentiary for not less than one nor more than five years.", and inserting in lieu thereof a new Code Section 40-2-5 to read as follows: "40-2-5. (a) Except as otherwise provided in this chapter, it shall be unlawful: (1) To remove or transfer a license plate from the motor vehicle for which such license plate was issued; (2) To sell or otherwise transfer or dispose of a license plate upon or for use on any motor vehicle other than the vehicle for which such license plate was issued; (3) To buy, receive, use, or possess for use on a motor vehicle any license plate not issued for use on such motor vehicle; or (4) To operate a motor vehicle bearing a license plate which was improperly removed or transferred from another vehicle. (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon convic tion thereof, shall be punished by a fine of not less than $500.00 or by confinement for not more than 12 months, or both. 2562 JOURNAL OF THE SENATE (c) It shall not be unlawful for any person to place an expired prestige license plate on the front of a motor vehicle provided that such vehicle also bears a current valid license plate on the rear of such vehicle." Section 3. Said chapter is further amended by striking Code Section 40-2-20, relating to motor vehicle registration and license requirements, in its entirety and inserting in lieu thereof a new Code Section 40-2-20 to read as follows: "40-2-20. (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including trac tors and motorcycles, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of regis tration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recov ered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehi cle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration. (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling un processed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped. (c) Any person who fails to comply with any requirements of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00." Section 4. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, is amended by striking paragraph (12) of Code Section FRIDAY, MARCH 9, 1990 2563 40-3-2, relating to the definition of a salvage motor vehicle, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows: "(12) 'Salvage motor vehicle* means any motor vehicle: (A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair; (B) Which has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts; (C) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subse quently recovered undamaged or damaged only to the extent that its restoration to an oper able condition would not require the replacement of two or more major component parts and which has the manufacturer's vehicle identification number plate intact; or (D) Which is an imported motor vehicle which has been damaged in shipment and dis claimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title." Section 5. Said chapter is further amended by striking Code Section 40-3-35, relating to cancellation of certificates of title for certain vehicles, in its entirety and inserting a new Code Section 40-3-35 to read as follows: "40-3-35. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of: (A) The front clip assembly, which includes the fenders, hood, and bumper; (B) The rear clip assembly, which includes the quarter panels and the floor panel assembly; (C) The top assembly, excluding a soft top; (D) The frame; and (E) A complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation. (3) (A) Any insurance company which acquires title to a damaged motor vehicle by payment of a total loss claim shall, on a form prescribed by the commissioner, notify the commissioner of the payment of a total loss claim and shall mail or deliver the certificate of title to the commissioner for cancellation or issuance of a salvage certificate of title. (B) Any insurance company which pays a total loss claim but does not acquire title to such vehicle shall, on a form prescribed by the commissioner, notify the commissioner and the owner of the payment of a total loss claim but shall not be required to surrender the certificate of title to such vehicle. (4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commissioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of 2564 JOURNAL OF THE SENATE title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a salvage certificate of title. (b) (1) Any registered owner of a vehicle for which a total loss claim has been paid who retains possession of such vehicle, regardless of the number of major component parts re quired to repair such vehicle, and any security interest holder or lienholder having custody of the certificate of title of a vehicle for which a total loss claim has been paid shall apply to the commissioner for a salvage certificate of title for such motor vehicle as provided in this subsection prior to the operation, sale, conveyance, or transfer of such salvage motor vehicle. (2) Any insurance company which pays a total loss claim for a salvage motor vehicle and takes possession of such motor vehicle shall apply to the commissioner for a salvage certificate of title within 30 days after paying such total loss claim. (3) Any other person, firm, or corporation not covered by paragraph (1) or (2) of this subsection which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corpo ration shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corpo ration has applied for and obtained a salvage certificate of title. (c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. (d) Any certificate of title which is issued for a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-335.1, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt. (f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, when ever the commissioner, after a hearing, determines that any person has violated any provi sions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is ag grieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corpo ration, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commis sioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties pro vided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (g) The Commissioner of Insurance is authorized to enforce the provisions of this Code FRIDAY, MARCH 9, 1990 2565 section to the extent such provisions are applicable to insurers which are under the jurisdic tion of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commis sioner with any information acquired by the Commissioner of Insurance during any investi gation or proceeding involving this Code section. Nothing in this subsection shall be con strued to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. (h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation con victed of violating such provisions shall be guilty of a misdemeanor. (i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation. (j) If any insurance company pays a total loss claim to the registered owner of a salvage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If such license plate is unavailable, then the insurance company shall notify the commissioner of the li cense plate number of such salvage motor vehicle." Section 6. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles is amended by striking Code Section 40-11-2, relating to the du ties of a person removing or storing a vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows: "40-11-2. (a) Any person who removes a motor vehicle from public property at the re quest of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehi cle, the owner of the vehicle as recorded on the title of such vehicle, and any security inter est holder or lienholder from the law enforcement officer requesting removal of such or his agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request. (b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request. (c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle. (d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and 2566 JOURNAL OF THE SENATE any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed. (e) If the owner, security interest holder, or lienholder fails to redeem such motor vehi cle as described in subsection (d) of this Code section, or if a vehicle being repaired facility or being stored by an insurance company providing insurance to cover damages to the vehi cle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. (f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the loca tion of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its li cense and manufacturer's vehicle identification numbers, the location from where such vehi cle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (h) Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recov ered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) If vehicle information on the abandoned motor vehicle is not in the files of the De partment of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle. (k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees. (1) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor." Section 7. Said chapter is further amended by striking Code Section 40-11-3, relating to FRIDAY, MARCH 9, 1990 2567 when peace officers may remove vehicles from public property and notice requirements, in its entirety and inserting in lieu thereof a new Code Section 40-11-3 to read as follows: "40-11-3. (a) Any peace officer who finds a motor vehicle which has been left unat tended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle. (b) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property shall be authorized immediately to cause such motor vehicle to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety. (c) Any peace officer who, under this Code section, causes any motor vehicle to be re moved to a garage or other place of safety shall be liable for gross negligence only. (d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or no tice and if the owner is unknown: (A) Notify the Department of Revenue and the Georgia Crime Information Center of the description of the vehicle and the location to which such motor vehicle has been re moved; and (B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle. (2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the mo tor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact." Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SB 450. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Barker Barnes Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English Engram Fincher Foster Gillis Hammill Harris Howard Huggins Johnson Kidd Land Langford Newbill Olmstead Peevy Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray 2568 JOURNAL OF THE SENATE Scott of 2nd Scott of 36th Shumake Starr Stumbaugh Taylor Timmons Walker Those not voting were Senators: Allgood Brannon Coleman Egan Fuller Garner Kennedy (presiding) McKenzie Parker Tate Turner Tysinger On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 450. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or op erating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally. The House amendment was as follows: Amend the Senate substitute to HB 1763 by inserting between "Commission;" and "to" on line 6 page 1 the following: "to repeal certain provisions regarding appeals of certain state tax assessments;". By striking "subsections (a) and (b) of" from lines 22 and 23 of page 1. By striking "their place new subsections (a) and (b), respectively," from line 26 of page 1 and inserting in its place "its place a new Code Section 46-2-10". By striking "(a)" from line 1 of page 2 and inserting in its place "46-2-10. (a)". By striking lines 7 through 11 of page 2 which read as follows: "utilities according to the value of its property, as ascertained by the last preceding state tax assessment, and shall be apportioned among such public service corporations or utilities upon the basis of such valuation so as to produce a revenue of $1.2", and inserting in its place the following: "utilities in proportion to the intrastate gross revenues of each of such corporations or utilities produced by rates regulated by the commission for the calendar year next preceding that in which the assessments are made so as to produce a revenue of $1.2". By striking the quotation marks at the end of line 32 of page 2 and by inserting imme diately following line 32 of page 2 the following: "(c) In case of default in payment by any public service corporation or utility of the fee provided for in this Code section, the state revenue commissioner shall proceed to collect the same in the same manner as franchise taxes are collected.'" Senator Scott of the 2nd moved that the Senate disagree to the House amendment to the Senate substitute to HB 1763. FRIDAY, MARCH 9, 1990 2569 On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1763. The President resumed the Chair. Senator Walker of the 43rd introduced Ms. Mary Ann Schrecengost, principal of Cedar Grove High School, who was representing Guy Millner, having been commended by SR 518, adopted previously. The following resolution of the Senate was read and adopted: SR 551. By Senator Deal of the 49th: A resolution commending and recognizing the Gainesville Theatre Alliance. The following bill of the House was taken up for the purpose of considering the House action thereon: 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. Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 1223. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1223. The following resolution of the Senate was read and adopted: SR 552. By Senators Turner of the 8th, Dean of the 31st, Timmons of the llth and others: A resolution commending Honorable Lewis H. (Bud) McKenzie. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing. The House adheres to its position in insisting on its substitute, and has appointed a 2570 JOURNAL OF THE SENATE Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms. The Speaker has appointed on the part of the House, Representatives Dunn of the 73rd, Groover of the 99th and Ricketson of the 82nd. The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House: HB 1827. By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd: A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide require ments for urinals. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 204. By Senators Phillips of the 9th, Peevy of the 48th, Edge of the 28th and others: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and ma rijuana, so as to create a new criminal offense of possessing, manufacturing, de livering, distributing, dispensing, administering, selling, or possessing a con trolled substance or marijuana while on or in proximity to school property or a school bus stop. The House substitute to SB 204 was as follows: A BILL To be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and ma rijuana, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education; to provide for penalties; to provide for nonmerger of offenses and the admittance of evidence; to provide for affirmative defenses to prosecution; 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. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and marijuana, is amended by adding after Code Section 16-13-32.3 a new Code Section 16-13-32.4 to read as follows: "16-13-32.4. (a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education. FRIDAY, MARCH 9, 1990 2571 (b) Any person who violates or conspires to violate subsection (a) of this Code section shall be guilty of a felony and upon conviction shall receive the following punishment: (1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000, or both; or (2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000, or both. It shall be mandatory for the court to impose a minimum sentence of five years which may not be suspended unless otherwise provided by law. A sentence imposed under this Code section shall be served consecutively to any other sen tence imposed. (c) A conviction arising under this Code section shall not merge with a conviction aris ing under any other provision of this article. (d) It shall be no defense to a prosecution for a violation of this Code section that: (1) School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school purposes at the time of the offense; or (3) The offense took place on a school vehicle. (e) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissi ble and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from intro ducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county. (f) A county school board may adopt regulations requiring the posting of signs designat ing the areas within 1,000 feet of school boards and private or public elementary and sec ondary schools as 'Drug-free School Zones.' (g) It is an affirmative defense to prosecution for a violation of this Code section that the prohibited conduct took place entirely within a private residence, that no person 17 years of age or younger was present in such private residence at any time during the com mission of the offense, and that the prohibited conduct was not carried on for purposes of financial gain. Nothing in this subsection shall be construed to establish an affirmative de fense with respect to any offense under this chapter other than the offense provided for in subsection (a) of this Code section." Section 2. This Act shall become effective July 1, 1990, and shall apply to criminal offenses committed on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Phillips of the 9th moved that the Senate agree to the House substitute to SB 204 as amended by the following amendment: 2572 JOURNAL OF THE SENATE Amend the House substitute to SB 204 by inserting on line 12 of page 1 after "prosecu tion;" the following: "to amend Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of the driver's license of persons convicted of possession of controlled substances or marijuana, as enacted by HB 1200 passed at the 1990 session of the General Assembly, so as to authorize persons 16 years of age to attend juvenile court sponsored DUI alcohol or drug use risk reduction programs;". By inserting after line 34 of page 2 the following: "Section 1.5. Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of the driver's license of persons convicted of possession of controlled sub stances or marijuana, as enacted by HB 1200 passed at the 1990 session of the General Assembly, is amended by adding at the end a new subsection (h) to read as follows: '(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed driv ers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an assessment component and an education/interven tion component or intensive intervention component of a DUI alcohol or drug use risk re duction program operated by or under contract with the juvenile court in lieu of a program as prescribed by the Department of Human Resources.'" By striking from line 2 of page 4 the following: "shall apply to criminal offenses committed on or after that date", and inserting in lieu thereof the following: "Section 1 of this Act shall apply to criminal offenses committed on or after that date and Section 1.5 shall apply to all adjudications on or after that date". 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 |Borawnennon Burton CDoalwliknisns Deal Dean Echols Edge English Engram Foster Garner Gillis RHammj ill Huggins Johnson Kennedy Kidd Land Langford Newbill Olmstead Peevy Perry Phillips PRollardof Ragan of 32nd Scott of 2nd Starr Tate Taylor Timmons Walker Those not voting were Senators: Barker Broun Cdeman Egan Fincher Fuller Howard McKenzie Parker Ray Scott of 36th Shumake Stumbaugh Turner Tysinger On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 204 as amended by the Senate. FRIDAY, MARCH 9, 1990 2573 The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: HB 1827. By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd: A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide require ments for urinals. The House amendment was as follows: Amend the Senate Committee on Industry and Labor substitute to HB 1827 by adding after the semicolon on line 27 of page 5 the word "or". By striking the symbol and word "; or" on line 30 of page 5 and inserting in its place By striking from lines 31 through 33 of page 5 the following: "(3) A new or amended permit for the withdrawal of water from a surface-water or ground-water source." Senator Edge of the 28th moved that the Senate agree to the House amendment to the Senate substitute to HB 1827. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Bowen Burton CD~,loaalwyli.knisns Dean Echols Edge Egan Engram Foster Garner Gillis Hammill Harris Huggins JTKo,ehnnnseodn,y Kldd Land Langford Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd SS01hc.outmt aokife36th Starr Stumbaugh Tate Taylor Turner Walker Those not voting were Senators: Barker Barnes BBrroanunnon Coleman Deal English Fincher FuUn er Howard McKenzie Parker Peevy mPh-*llul-lps Timmons Tysinger On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1827. 2574 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd and others: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing. Senator Stumbaugh of the 55th moved that the Senate insist upon the Senate substi tute to HB 1752. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barnes Bowen Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Garner Hammill Harris Huggins Johnson Kidd Land Langford McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Starr Stumbaugh Tate Turner Walker Those not voting were Senators: Baldwin Barker Coleman Fuller Gillis Howard Kennedy Parker Phillips Scott of 36th Shumake Taylor Timmons Tysinger On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1752. The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 766. By Senators Ragan of the 32nd, Clay of the 37th, 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 increase the number of assistant solicitors; to provide that one of such assis tant solicitors shall be assigned to the Cobb County Adult Detention Center; to provide for related matters; to provide an effective date. FRIDAY, MARCH 9, 1990 2575 The House amendment to SB 766 was as follows: Amend SB 766 by striking on line 22 of page 1 the following: "two", and inserting in lieu thereof the following: "three". Senator Ragan of the 32nd moved that the Senate agree to the House amendment to SB 766. On the motion, the yeas were 33, nays 0: the motion prevailed, and the Senate agreed to the House amendment to SB 766. The following bills of the House were taken up for the purpose of considering the House action thereon: HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th and others: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system edu cator has committed certain designated crimes under Georgia law. Senator Peevy of the 48th moved that the Senate insist upon the Senate substitute to HB 1521. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute HB 1521. 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. Senator Parker of the 15th moved that the Senate insist upon the Senate substitute to HB 1280. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1280. HB 1742. By Representative Godbee of the 110th: A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer. Senator Ragan of the 32nd moved that the Senate insist upon the Senate substitute to HB 1742. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1742. 2576 JOURNAL OF THE SENATE The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 1243. By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult. The 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 1617. By Representatives Richardson of the 52nd and Lawson of the 9th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to ex pand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees. The Speaker has appointed on the part of the House, Representatives Richardson of the 52nd, Lawson of the 9th and Groover of the 99th. 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 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. The Speaker has appointed on the part of the House, Representatives Martin of the 26th, Bostick of the 138th and Randall of the 101st. The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House: HB 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- FRIDAY, MARCH 9, 1990 2577 ages in which the judgement is $10,000.00 or less shall be taken as provided in such Code section. The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd. The House insists on its position in 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 1204. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election. The Speaker has appointed on the part of the House, Representatives Simpson of the 70th, Orrock of the 30th and Randall of the 101st. The following bill of the Senate was taken up for the purpose of considering the House amendments thereto: SB 443. By Senators Kidd of the 25th, Harris of the 27th, Ray of the 19th and others: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to court, and Title 19 of the Official Code of Georgia Annotated, relating to domes tic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to provide for defini tions; to provide for jurisdiction and findings. The House amendments were as follows: Amendment No. 1: Amend SB 443 by striking line 2 of page 54 and inserting in lieu thereof the following: "pursuant to this subsection not to exceed a fee of $250.00 together with approved rea sonable and necessary out-of-pocket expenses." By striking lines 3 through 20 of page 55. Amendment No. 2: Amend SB 443 by inserting on page 56 between lines 11 and 12 the following: "(c) Nothing in this Code section shall make unlawful personal communications by an individual seeking to adopt a child or children by the individual." Senator Kidd of the 25th moved that the Senate agree to the House amendments to SB 443. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barker Barnes Brannon Broun Burton Clay 2578 JOURNAL OF THE SENATE Coleman Collins Dawkins Deal ^Edhgoe ls EEgnagnlish Engram Fincher Foster Fuller Hammill Howard Huggins Johnson Kennedy LKaidndd, LNaenwgbfiollrd Ohnstead Parker Peevy Perry Ragan of 10th Ragan of 32nd Ray Scott of 2nd gcott of 36th Sgthaurmr ake Scttu,,mmKba,u,l,uaryton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Engram Foster Fuller Garner THGIialmlismi.l,l, Harris Howard Huggins Kidd McKenzie Newbill Peevy Perry Phillips Pollard Ragan of loth Ragan of 32nd D av oeQun,u,TMm,a,ik,oe btarr , Stumbaugh Tate Taylor Timmons Turner Walker 2772 JOURNAL OF THE SENATE Those not voting were Senators: Baldwin Barnes Fincher Johnson Kennedy (presiding) Land Langford Olmstead Parker Scott of 2nd Scott of 36th Tysinger On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 738. The following bills of the House were taken up for the purpose of considering the House action thereon: HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st: A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions. Senator Deal of the 49th moved that Senate adhere to the Senate substitute to HB 951, and that a Conference Committee be appointed. On the motion, the yeas were 31, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 951. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Tate of the 38th, Deal of the 49th and Newbill of the 56th. HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th and others: A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any per son holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances. Senator Garner of the 30th moved that the Senate adhere to its disagreement to the House amendment to the Senate amendment to HB 402, and that a Conference Committee be appointed. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate amendment to HB 402. Senator Kennedy of the 4th, President Pro Tempore, who was presiding, appointed as a Conference Committee on the part of the Senate the following: Senators Dean of the 31st, Edge of the 28th and Garner of the 30th. FRIDAY, MARCH 9, 1990 2773 The following bills of the House were taken up for the purpose of considering the Con ference Committee reports thereon: HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th and others: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system edu cator has committed certain designated crimes under Georgia law. The Conference Committee report on HB 1521 was as follows: The Committee of Conference on HB 1521 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1521 be adopted. Respectfully submitted, FOR THE SENATE: J. Nathan Deal Senator, 49th District /s/ Arthur B. Edge, IV Senator, 28th District Donn M. Peevy Senator, 48th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Fred Aiken Representative, 21st District /s/ Johnny Isakson Representative, 21st District /s/ George F. Green Representative, 106th District Conference Committee substitute to HB 1521: A BILL To be entitled an Act to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the local board of education upon receiving information that any school system educator has commit ted certain designated crimes under Georgia law; to require the local board of education to transmit such report to the commission if such local board determines that an investigation is warranted; to provide that the commission shall investigate on the basis of such written report and make recommendations to the applicable local board of education and the State Board of Education in conformity with the commission's authority; to provide for expunging such reports from the record of an exonerated educator; to provide that willful failure of such designated administrators to make written reports or investigation requests shall con stitute grounds for commission investigation and recommendations as to the administrator; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, is amended by adding after Code Section 20-2-795 a new Code Section 20-2-795.1 to read as follows: "20-2-795.1. (a) Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report from any identified school system personnel, parent or custodian of a child enrolled in the school system that any school system educator employed by the 2774 JOURNAL OF THE SENATE local unit of administration has committed any of the following specifically identified crimes: (1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnap ping, as defined in Chapter 5 of Title 16; (2) Any sexual offense, as provided for in Chapter 6 of Title 16, or any sexual exploita tion of a minor as provided for in Code Section 16-12-100; (3) Any offense involving marijuana or a controlled substance, as provided for in Chap ter 13 of Title 16; (4) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or (5) Unlawfully operating a motor vehicle after being declared a habitual violator, for violating Code Section 40-5-54, Code Section 40-6-391, Code Section 40-6-392, or Code Sec tion 40-6-394 or any combination. If the local board of education determines that the reported matters warrant investigation, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the Professional Practices Com mission with a request for investigation. The commission shall investigate and make recom mendations on such reported matters in accordance with Code Sections 20-2-796 and 20-2797. If the Professional Practices Commission finds that no probable cause exists to recom mend disciplinary action or the educator investigated is exonerated after a hearing, then all records of the Professional Practices Commission investigation and of any hearing by the Department of Education or the State Board of Education, including all reports received pursuant to subsection (a) of this Code section, made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged. (b) The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and name of any and all known witnesses; and, in so reporting, the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. However, the willful failure of any of such local school system administrators to comply with subsection (a) of this Code section shall be grounds for the commission's rec ommending to the local board of education or the State Board of Education, or both, impo sition on the administrator of any of the disciplinary actions set forth in Code Section 20-2797. The reporting requirements set forth in this Code section are in addition to and not a substitute for any and all other reporting requirements related to child abuse which exist under Georgia law." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on HB 1521. 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 Burton Clay Coleman Collins Dean Echols Edge Egan English Engram Foster Gillis Hammill Harris Howard Huggins Kidd McKenzie Newbill Olmstead FRIDAY, MARCH 9, 1990 2775 Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott of 36th Shumake Stair Stumbaugh Tate Taylor Turner Those voting in the negative were Senators: Brannon Deal Johnson Peevy Those not voting were Senators: Baldwin Bowen Sins Fincher Fuller Garner Kennedy (presiding) Land Langford Parker Perry Scott of 2nd Timmons Tysmger Walker On the motion, the yeas were 36, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1521. HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or op erating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally. The Conference Committee report on HB 1763 was as follows: The Committee of Conference on HB 1763 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1763 be adopted. Respectfully submitted, FOR THE SENATE: /a/ Arthur B. Edge, IV Senator, 28th District Is/ Albert J. Scott Senator, 2nd District /a/ J. Tom Coleman Senator, 1st District FOR THE HOUSE OF REPRESENTATIVES: Dean Alford Representative, 57th District /a/ Hugh Boyd Pettit III Representative, 19th District lal Roy H. Watson, Jr. Representative, 114th District Conference Committee substitute to HB 1763: A BILL To be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the amount and time of payment of certain special fees paid by corporations and utilities subject to jurisdiction of the Public Service Commission; to change certain residency requirements with respect to the qualifications of special officers for the protection of railroad property; to provide that 2776 JOURNAL OF THE SENATE the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons or private companies operating such lines in this state; to provide an exception; to define a certain term; to re quire a person to obtain a permit from the Public Service Commission prior to the operation of a rapid rail passenger service line; to authorize the Public Service Commission to promul gate rules and regulations with respect to applications for permits and the establishment of guidelines and standards which an applicant must comply with prior to being issued a per mit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking subsections (a) and (b) of Code Section 46-2-10, relating to payment of a special fee by corporations and utilities subject to jurisdic tion of the Public Service Commission, and inserting in their place new subsections (a) and (b), respectively, to read as follows: "(a) There shall be paid by all public service corporations and utilities which are sub ject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value of its property, as ascer tained by the last preceding state tax assessment, and shall be apportioned among such public service corporations or utilities upon the basis of such valuation so as to produce a revenue of $1,050,000.00 per annum. (b) (1) Not later than December 1, 1990, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20, 1991. Such sum of $1,050,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. (2) Effective January 1, 1991, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1,050,000.00 shall be available for appropria tion in an amount sufficient to cover the cost of operating the Public Service Commission." Section 2. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 46-2-20, relating to the jurisdiction of the Public Service Commission generally, and inserting in lieu thereof new subsections (a) and (d) to read as follows: "(a) Except as otherwise provided by law, the commission shall have the general super vision of all common carriers, express companies, railroad or street railroad companies, dock or wharfage companies, terminal or terminal station companies, telephone and telegraph companies, gas or electric light and power companies, and persons or private companies who operate rapid rail passenger service lines within this state; provided, however, that nothing in this subsection shall be deemed to extend the jurisdiction of the commission to include the operations of the Metropolitan Atlanta Rapid Transit Authority created in an Act ap proved March 10, 1965 (Ga. L. 1965, p. 2243), as amended." "(d) The commission may require common carriers and persons or private companies who operate rapid rail passenger service lines to publish their schedules in newspapers of towns through which their lines extend, in such manner as may be reasonable and as the public convenience demands." Section 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 46-8-232, relating to qualifications of special officers for the protection of railroad property, and inserting in its place a new subsection (a) to read as follows: "(a) Every special officer appointed and commissioned under this article shall be a resi dent of the United States and of good character. Every such officer shall be required to post FRIDAY, MARCH 9, 1990 2777 a good and sufficient bond payable to the State of Georgia in the sum of $1,000.00, condi tioned on the faithful performance of his duties." Section 4. Said title is further amended by adding between Chapters 8 and 9 a new Chapter 8A to read as follows: "CHAPTER 8A 46-8A-1. As used in this chapter, the term 'person' means any corporation, company, firm, association, or individual operating a public rapid rail passenger service line in this state, provided that said term shall not include any public corporation or governmental entity. 46-8A-2. Except as provided in Code Section 46-8A-4, no person shall operate any rapid rail passenger service line or system or any extension thereof in this state without first ob taining a permit from the Public Service Commission. The commission shall grant a permit to any person who complies with the guidelines and standards established by the commission. 46-8A-3. The application for any permit provided for in Code Section 46-8A-2 shall be made under such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application for such permit, the commission shall cause notice thereof to be given by mail or by personal service to the chief executive officer of the munic ipalities affected, if any, and shall publish such notice once a week for three consecutive weeks in a newspaper of general circulation in each county affected. 46-8A-4. This Code section shall not be construed to require any person to secure a permit for an extension of a rapid rail passenger service line or system into territory contig uous to that already served by that person and not receiving similar service from another person if no permit has been issued to or applied for by any other person." Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on HB 1763. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Brannon * ruorutonn Deai Dean Echols Edge Egan English Engram Foster Garner GHialmlismill Harris Howard Huggins Johnson Kidd Peevy Perry Phillips Pollard Ragan of 10th RRaaygan of 32nd Scott of 2nd Scott of 36th Starr Tate Turner Walker Voting in the negative were Senators Barnes and Stumbaugh. Those not voting were Senators: Baldwin Bowen Clay Dawkins Fincher Fuller Kennedy (presiding) Land Langford 2778 JOURNAL OF THE SENATE McKenzie Newbill Olmstead Parker Shumake Taylor Timmons Tysinger On the motion, the yeas were 37, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1763. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 417 was as follows: A BILL To be entitled an Act to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council and the establishment of flexible employee benefit plans, so as to provide that the flexible employee benefit plan may provide for deductions or salary deductions for health care or dependent care spending accounts as authorized under certain provisions of the United States Internal Revenue Code of 1986; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 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, is amended by striking in its entirety Code Section 45-18-52, relating to the establishment of flexible employee benefit plans, and inserting in lieu thereof a new Code Section 45-18-52 to read as follows: "45-18-52. The council is authorized to establish a flexible employee benefit plan for employees of the state and to promulgate rules and regulations for its administration, sub ject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, disability insurance, supplemental health and accident insurance, health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986, other types of employee welfare benefits, or for salary re ductions for health premiums under Article 1 of this chapter. Except as provided in Code Section 45-18-30 and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Inter nal Revenue Code for the purpose of income tax advantage." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 417. FRIDAY, MARCH 9, 1990 2779 On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes TBBD, ureoarutl, onn Dean Echols Egan Engram Fincher Foster GTHKTiaildrhdrsis Newbill Olmstead Perry Pollard Ragan of 10th R an of 32nd bQco,ttt nor( ,,ob,,.t,n Starr Stumbaugh Turner Walker Those voting in the negative were Senators: Albert Coleman Collins English Hammill Ray Those not voting were Senators: Baldwin Bowen Brannon Clay Dawkins Edge Fuller Garner Howard Huggins Johnson Kennedy (presiding) Land Langford McKenzie Parker Peevy Phillips Scott of 2nd Shumake Tate Taylor Timmons Tysinger On the motion, the yeas were 26, nays 6; the motion was lost, and the Senate did not agree to the House substitute to SB 417. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Barnes of the 33rd: A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handi capped voters and voters over the age of 65 in precincts of a certain size. The House substitute to SB 177 was as follows: A BILL To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Elec tion Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct; to change the provisions relating to the selection of a judge to preside over certain cases or contests relating to primaries, elections, election con tests, or the recall of elected officials; to provide for the powers and duties of judges presid ing over such cases or matters; to provide for compensation and expenses; to provide for practices and procedures; to provide for notices; to provide for orders; to provide for the jurisdiction of superior courts; to provide for venue; to provide for pretrial proceedings; to require that seating be available; precincts of a certain size; to provide for the review of grounds for recall petitions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes; to amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to the rights of visually handi- 2780 JOURNAL OF THE SENATE capped and deaf persons, so as to provide that a physically disabled person has the right to be accompanied by a service dog in certain places; to provide penalties; to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 years in pre cincts of a certain size; to amend Code Section 21-3-165 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in mu nicipal elections, so as to require that seating be available for handicapped voters and voters over the age of 65 years in municipal elections in precincts of a certain size; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-32, relating to institution of and intervention in court actions regarding the election laws of this state, and inserting in lieu thereof a new Code Section 21-2-32 to read as follows: "21-2-32. (a) The State Election Board shall have the right to institute or to intervene as a party in any action in any court of this state or of the United States, seeking manda mus, injunction, or other relief, to compel compliance with any election or primary law of the state or with any valid rule or regulation of the board, or to restrain or otherwise pre vent or prohibit any fraudulent or other illegal conduct in connection therewith, including the right to seek such relief for any anticipatory breach. (b) Any petition seeking any of the relief authorized in subsection (a) of this Code sec tion shall be filed in the superior court of the county of residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct. (c) Upon the filing of such petition, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which the county lies, or the district court administrator, who shall immediately notify the admin istrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the admin istrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge who is not a resident of the circuit in which the proceeding was instituted, to preside over the proceeding. (d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the pro ceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceed ing was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. In the event any temporary order is sought, the petition may be presented to the administrative judge prior to its filing for consideration of the application for such order. If the petition upon which temporary relief is sought prior to the filing will be filed in any county of the circuit of the administrative judge, then the petition may be presented to the administrative judge of an adjoining district prior to its filing for consideration of the appli cation for such order. (e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practica ble. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service. FRIDAY, MARCH 9, 1990 2781 (f) If, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules, and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Election Board. (g) Upon any action being filed in any court of this state seeking relief affecting the calling, holding, conduct, determination, result, tabulation, or certification of any election or primary, except those instituted by the State Election Board, a copy of the proceeding shall be served upon such board by mailing a copy of same to the chairman by certified or regis tered mail; and a certificate that such service has been made shall be filed by the plaintiff or the plaintiff's attorney. (h) Any verdict, judgment, decree, order, ruling, or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any appeal has been filed or the record docketed in such cases." Section 2. Said title is further amended by redesignating subsection (b) of Code Section 21-2-267, relating to the arrangement and storage of equipment at polling places in general elections and primaries, as". Section 3. Said title is further amended by striking Code Section 21-2-523, relating to jurisdiction and general pretrial proceedings in the superior court in election contests, and inserting in lieu thereof a new Code Section 21-2-523 to read as follows: "21-2-523. (a) A contest case governed by this article shall be tried and determined by the superior court of the county where the defendant resides. A contest case challenging the eligibility of the two defendants declared as eligible to compete with each other in a run-off primary or election shall be tried and determined by the superior court of the county where the defendant who received the highest number of votes resides. (b) The superior court having jurisdiction of a contest case governed by this article shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the contest shall be selected as set out in subsection (c) of this Code section. (c) Upon the filing of a contest petition, the clerk of the superior court having jurisdic tion shall immediately notify the administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest. (d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the pro ceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceed ing was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. (e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practica ble. Such judge shall be reimbursed for his actual expenses for food and lodging and shall 2782 JOURNAL OF THE SENATE receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service." Section 4. Said title is further amended by redesignating subsection (d) of Code Section 21-3-165, relating to the arrangement and storage of equipment at polling places in munici pal elections, as". Section 5. Said title is further amended by striking Code Section 21-4-6, relating to the review of grounds for a recall petition, and inserting in lieu thereof a new Code Section 21-46 to read as follows: "21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application. (b) The superior court having jurisdiction of a case governed by this chapter shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the case shall be selected as set out in subsection (c) of this Code section. (c) Upon the filing of a sufficiency review petition under this Code section, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this chapter. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was insti tuted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest. (d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the pro ceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceed ing was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. (e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly being presiding over such proceedings in such court and shall determine same as soon as practica ble. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service. (f) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such al leged fact or facts as to form and not as to truth and shall not include discovery or eviden tiary hearings. (g) If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holi days, and such court shall consider such appeal on an expedited basis." FRIDAY, MARCH 9, 1990 2783 Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, is amended by striking Code Section 30-4-1, relating to the right to equal public accommodations and the right to be accompa nied by a guide dog, and inserting in lieu thereof a new Code Section 30-4-1 to read as follows: "30-4-1. (a) Blind persons, visually handicapped persons, deaf persons, and physically disabled persons are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations estab lished by law and applicable alike to all persons. (b) Every totally or partially blind person, every deaf person, and every physically dis abled person shall have the right to be accompanied by a guide dog or service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide dog or service dog; provided, however, that he shall be liable for any damage done to the premises or facilities by such dog. (c) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog in the location of his vending operation provided the guide dog remains 25 feet or more from any food." Section 8. Said chapter is further amended by striking Code Section 30-4-2, relating to the right to housing accommodations, and inserting in lieu thereof a new Code Section 30-42 to read as follows: "30-4-2. (a) As used in this Code section, the term 'housing accommodations' means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings but shall not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein. (b) Blind persons, visually handicapped persons, deaf persons, and physically disabled persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this state, sub ject to the conditions and limitations established by law and applicable alike to all persons. (c) Every totally or partially blind person, every deaf person, and every physically dis abled person who has a guide dog or service dog or who obtains a guide dog or service dog shall be entitled to full and equal access to all housing accommodations provided for in this Code section, and he shall not be required to pay extra compensation for such guide dog or service dog. However, he shall be liable for any damage done to the premises by such guide dog or service dog. (d) Nothing in this Code section shall require any person renting, leasing, or otherwise providing real property for compensation to modify his property in any way or provide a higher degree of care for a blind, visually handicapped, deaf person, or physically disabled person than for a person who is not so handicapped." Section 9. Said chapter is further amended by striking Code Section 30-4-3, relating to the penalties for denial of or interference with admittance to or enjoyment of facilities or exercise of rights, and inserting in lieu thereof the following: "30-4-3. Any person, firm, or corporation, or the agent of any person, firm, or corpora tion, who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind person, deaf person, or physically disabled person shall be guilty of a misdemeanor and, upon con- 2784 JOURNAL OF THE SENATE viction thereof, shall be punished by a fine not to exceed $100.00, or by imprisonment for not more than ten days, or by both such fine and imprisonment." Section 10. Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and prima ries, is amended by redesignating subsection (b) as subsection (c) and by inserting a new subsection (b) to read as follows: "(b) In each precinct which contained more than 2,000 electors at the previous general election, the superintendent shall direct the chief manager of the precinct to provide seating in the ratio of one chair per 500 electors at the previous general election to be reserved for the use of handicapped voters or voters over the age of 65 years." Section 11. Code Section 21-3-165 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in municipal elections, is amended by redesignating subsection (d) as subsection (e) and by inserting a new subsection (d) to read as follows: "(d) In each precinct which contained more than 2,000 electors at the previous general election, the municipal superintendent shall direct the chief manager of the precinct to pro vide seating in the ratio of one chair per 500 electors at the previous general election to be reserved for the use of handicapped voters or voters over the age of 65 years." Section 12. All laws and parts of laws in conflict with this Act are repealed. Senator Ragan of the 32nd moved that the Senate disagree to the House substitute to SB 177. On the motion, the yeas were 31, nays 3; the motion prevailed, and the Senate disagreed to the House substitute to SB 177. The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon: 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 Conference Committee report on HB 442 was as follows: The Committee of Conference on HB 442 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 442 be adopted. Respectfully submitted, FOR THE SENATE: /a/ Hugh M. Gillis Senator, 20th District 1st Nathan Dean Senator, 31st District M Loyce W. Turner Senator, 8th District FOR THE HOUSE OF REPRESENTATIVES: kl William J. Dover Representative, llth District /B/ Tom Crosby, Jr. Representative, 150th District 1st DuBose Porter Representative, 119th District FRIDAY, MARCH 9, 1990 2785 Conference Committee substitute to HB 442: A BILL To be entitled an Act 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 and must pay that tax to the dealer involved in the transaction; to provide for liability of the dealers for the tax; to provide for tax rates and credits; to provide for conditions and limitations regarding the tax; to provide when purchasers, lessees, or renters will be dealers and the consequence thereof; to change certain provisions regarding the calculation of estimated tax liability; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, is amended by striking subparagraph (H) of subparagraph (3) of Code Section 48-8-2, relating to definitions, and inserting in its place a new subparagraph to read as follows: "(H) Solicits business by representatives or engages in the regular or systematic solici tation of a consumer market in this state by the distribution of catalogs, periodicals, adver tising fliers, or other advertising, or by means of print, radio, or television media, by telegra phy, telephone, computer data base, cable optic, microwave, or other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless it is affirmatively shown that this article has been fully complied with." Section 2. Said article is further amended by adding immediately following subsection (c) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new subsection, to be designated subsection (c.l), to read as follows: "(c.l) (1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable for a tax on the sale at the rate of 4 percent of such gross sales or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. The tax imposed by this subsection shall be subject to the credit other wise granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax." Section 3. Said article is further amended by adding immediately following subsection (e) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new subsection, to be designated subsection (e.l), to read as follows: "(e.l) (1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the 2786 JOURNAL OF THE SENATE rental charge paid for that lease or rental if that person is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and title to that property remains in that person. It shall be prima-facie evidence that such property is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for purposes of this article. The dealer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the dealer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who leases or rents tangible personal property outside this state to be delivered in this state to the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 percent of the gross proceeds from such leases or rentals or the amount of taxes col lected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater. (2) No lease or rental shall be taxable to the dealer which is not taxable to the lessee or renter. The tax imposed by this subsection shall be subject to the credit granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax." Section 4. Said article is further amended by striking subsection (g) of Code Section 488-30, relating to imposition of the sales and use tax, and inserting in its place a new subsec tion to read as follows: "(g) Whenever a purchaser of tangible personal property under subsections (b) or (c.l) of this Code section, a lessee or renter of the property under subsections (d) or (e.l) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax im posed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved." Section 5. Said article is further amended by striking subsection (b) of Code Section 488-49, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, and inserting in its place a new subsection (b) to read as follows: "(b) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his average monthly payments for the last fiscal year. If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more. No local sales taxes shall be included in deter mining any estimated tax liability." Section 6. This Act shall become effective on July 1, 1990. Section 7. All laws and parts of laws in conflict with this Act are repealed. Senator Gillis of the 20th moved that the Senate adopt the Conference Committee re port on HB 442. FRIDAY, MARCH 9, 1990 2787 On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert AHgood Baldwin Barnes BBrroanunnon Foster Gillis Huggins Johnson KNeidwdbill Coleman Dean Echols English Fincher Olmstead Parker Pollard Ragan of 10th Ragan of 32nd Ray Scott of 2nd Scott of 36th Starr cSt, umb, augh, late Taylor Timmons Turner Walker Those voting in the negative were Senators: Barker Burton Collins Engram Perry Those not voting were Senators: Bowen Egan Fuller Garner Hammill Harrig Howard Kennedy (presiding) Land Langford McKenzie Peevy Phillips Shumake Tysinger On the motion, the yeas were 32, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on HB 442. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: 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 House substitute to SB 417 was as follows: A BILL To be entitled an Act to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council and the establishment of flexible employee benefit plans, so as to provide that the flexible employee benefit plan may provide for deductions or salary deductions for health care or dependent care spending accounts as authorized under certain provisions of the United States Internal Revenue Code of 1986; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, 2788 JOURNAL OF THE SENATE relating to the Employee Benefit Plan Council and the establishment of flexible employee benefit plans, is amended by striking in its entirety Code Section 45-18-52, relating to the establishment of flexible employee benefit plans, and inserting in lieu thereof a new Code Section 45-18-52 to read as follows: "45-18-52. The council is authorized to establish a flexible employee benefit plan for employees of the state and to promulgate rules and regulations for its administration, sub ject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, disability insurance, supplemental health and accident insurance, health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986, other types of employee welfare benefits, or for salary re ductions for health premiums under Article 1 of this chapter. Except as provided in Code Section 45-18-30 and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Inter nal Revenue Code for the purpose of income tax advantage." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 417. 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 ^Brroanunnon Burton Coleman Collins Dawkins Dean Echols Egan English Engrain Fincher Foster Gillis 5Hoawrnasrd, Huggins Johnson Kidd McKenzie Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ra.r Scott of 2nd Scott of 36th Stumbaugh Tate Tayloi Timmons Turner Walker Those not voting were Senators: Clay Deal Edge Fuller Garner Kennedy (presiding) Land Langford Parker Phillips Shumake Tysinger On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 417. FRIDAY, MARCH 9, 1990 2789 Lieutenant Governor Zell Miller, President of the Senate, addressed the Senate as follows: It is hard for me to realize that within a very short time I will bang down this gavel for the last time as your President in a regular session of a General Assembly. I grew up revering this State Senate. As a boy, my mother would tell me of the father I never knew, who once served as the Senator from the 40th in 1927-28. When I was about ten years old, she brought me to this Capitol and I stood on tip-toe with my nose to the doors in the gallery and looked down into this dark magical place trying to figure out where my father may have sat. Many years later in 1960, I became the Senator from the 40th and two years later after reapportionment was one of five senators who returned as the Senator from the 50th. And then one very cold, windy day in 1975 I was sworn in as the President of this body. I do not leave this Senate because my love for it has diminished or because I have grown tired of being in it. I depart because, instead of helping to shape someone else's agenda for this state, I want to be the one to set the agenda. My greatest hero is Winston Churchill, and this evening his words seem very appropri ate: "Now is not the end," he said. "It is not even the beginning of the end. But it is, perhaps the end of the beginning." That is how I feel tonight. Now, I'm sure that there are those who may disagree. Some will call tonight Zell Miller's end, others will term it Zell Miller's new beginning. So, depending upon how one individually perceives it, I am here to say to you either "Farewell" or "Until we meet again." For me, it is an emotional and critical crossroads in a 30 year personal journey that has taken me out of an isolated tiny, little mountain valley to around the world, and down many roads and bypaths of public service. As a teacher of history, I know that those who live history cannot judge its impact upon the future. We can only hope that what we have done or said in the belief that it was right at the time will prove worthy in the course of future events. Of course, I am proud of being Georgia's longest serving Lieutenant Governor. But, at the same time, I hope that future historians will evaluate my tenure more in terms of the contributions I was able to make rather than in the number of years I was able to stay in office. I hope that, if I leave no other legacy, the one result attributed to me will be the in creased influence of this Senate in the legislative process and as the initiator for 16 years of progressive principles and progress. Another one of my heros, Theodore Roosevelt, once said: "The race belongs to the man who is actually in the arena, whose face is marred by blood and sweat and tears. Who, if he wins knows the thrills of high achievement and if he loses, at least loses while daring greatly. So that his place will never be one of those cold and timid souls who knows neither victory nor defeat." In the past 16 years, in the arena of this Senate, many times we have dared greatly and, though we have had our failures, we have also had our thrills of high achievement. And I hope you share my view that because of our work together, the tasks of future Senates, future General Assemblies, future Lieutenant Governors, and future Governors have been defined and set in motion for their ultimate completion. And, that finally, on the eve of the 21st Century, we truly will bridge that gap between the Georgia that is and the Georgia that can be, if we choose the right people to do the jobs. 2790 JOURNAL OF THE SENATE The yardstick by which I hope my past service will be measured was again put best in the words of Churchill: "The only guide to a man is his conscience; the only shield to his memory is the sincerity of his actions." It is a yardstick which I hand to the citizens of Georgia to measure me and my candi dacy for future service. It is a yardstick by which you of this Senate and those who have comprised the Senates of the past 16 years measure up to the highest standards of legislative excellence. Mr. Secretary, I love you like a brother. We've been together now for 30 years. And, I could not have done this job without you and your fine group. To my very capable and sometimes suffering staff, I thank you for helping me look better than I really am. To my wife, Shirley, the anchor in my life, who over the years has always subordinated and often interrupted her own important career to help my political ambitions, and is the matriarch of our large, loyal and loving family, I am forever grateful. Thank you, my colleagues, for all that you have done for me, and meant to me. If it is the people's will that this ending will be followed by another beginning in which we meet again, that will be wonderful. But, should that not happen, it still has been a long, and glorious and productive journey. And it is on that basis I now take leave of you, in the words of Longfellow, "To go forth to meet the shadowy future without fear." The following resolution of the Senate was read and adopted: SR 565. By Senators Foster of the 50th, Deal of the 49th, Starr of the 44th and others: A resolution commending and recognizing Honorable Zell Miller, Lieutenant Governor of Georgia, for his tenure of outstanding service as the President of the Senate. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 1179. By Representatives McKinney of the 40th, Sinkfield of the 37th, McKinney of the 35th, Hanner of the 131st, Benn of the 38th and others: A resolution designating March 1 to April 1,1990, as "Census Month in the State of Georgia". The House has agreed to Senate amendment No. 1 and has disagreed to Senate amend ments No. 2 and 3 to the House substitute to the following bill of the Senate: 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. FRIDAY, MARCH 9, 1990 2791 The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 412. By Senator Fuller of the 52nd: A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to pro vide that such prohibitions against gambling shall not apply to certain games or devices; to provide for requirements in connection therewith; to provide for penalties. The President resumed the Chair. The following resolution and bills of the Senate and House were taken up for the pur pose of considering the Conference Committee reports thereon: 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. The Conference Committee report on HR 836 was as follows: The Committee of Conference on HR 836 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 836 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Hugh M. Gillis Senator, 20th District /s/ L. H. McKenzie Senator, 14th District /s/ Loyce W. Turner Senator, 8th District FOR THE HOUSE OF REPRESENTATIVES: /a/ William J. Dover Representative, llth District /s/ John Godbee Representative, 110th District /s/ A. Richard Royal Representative, 144th District Conference Committee substitute to HR 836: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assem bly by general law shall encourage the preservation, conservation, and protection of bona fide conservation use property (including agricultural and timber land) and bona fide resi dential transitional property through different methods of assessment and taxation of such property and shall provide for standing timber to be assessed only once after sale or harvest at an increased level of assessment; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows: "(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (c), (d), and (e), all taxation shall be 2792 JOURNAL OF THE SENATE uniform upon the same class of subjects within the territorial limits of the authority levying the tax." Section 2. Article VII, Section I, Paragraph III of the Constitution is amended by strik ing subparagraph (e) and inserting in its place new subparagraphs (e) and (f) to read as follows: "(e) The General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional de veloping areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and (B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subpara graph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the imple mentation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The General Assembly may provide for a different method and time of returns, as sessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e)." Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to provide that the General Assem bly by general law shall encourage the preservation, conservation, and protection of bona fide conservation use property (including agricultural and timber land) and bona fide residential transitional property through differ ent methods of assessment and taxation of such property and shall provide for standing timber to be assessed only once after sale or harvest at an in creased level of assessment?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on HR 836. FRIDAY, MARCH 9, 1990 2793 On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Baldwin Barnes Bowen Brannon Broun ^urton ColLan Collins Dawkins Deal Dean Echols Edge Egan English Engrain Fincher Foster Fuller Gillis Hammill Harris Muggins Johnson Kennedy Kidd Land McKenzie Newbill Olmstead Those not voting were Senators: Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd ^ Scott rf 2nd ^cott of 36th Shumake btarr Stumbaugh Tate Tinimons Turner Walker Barker Garner Langford Phillips Taylor Tysinger On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 836. HB 744. By Representative Groover of the 99th: A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an excep tion to the provisions of said chapter. The Conference Committee report on HB 744 was as follows: The Committee of Conference on HB 744 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 744 be adopted. Respectfully submitted, FOR THE SENATE: /s/ C. Donald Johnson Senator, 47th District /s/ J. Nathan Deal Senator, 49th District /s/ Pierre Howard Senator, 42nd District FOR THE HOUSE OF REPRESENTATIVES: /s/ Denmark Groover Representative, 99th District /s/ Tommy Chambless Representative, 133rd District /s/ Pete Robinson Representative, 96th District 2794 JOURNAL OF THE SENATE Conference Committee substitute to HB 744: A BILL To be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter; to provide rules and guidelines to determine if contracts are in partial re straint of trade; to provide that loss or forfeiture provisions conditioned upon the occur rence of competition or other specified acts or events are not restraints of trade; to provide procedures for identification, clarification, and reformulation of agreements; to provide rules and guidelines to determine the enforceability of loss or forfeiture provisions that are com bined with partial restraints of trade; to define certain terms; to provide for enforcement; to provide for construction and application; to provide for an effective date and for applicabil ity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 13-8-2, relating to contracts contravening public policy gener ally, and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Contracts in general restraint of trade, as distinguished from contracts in partial restraint of trade as provided for in Code Section 13-8-2.1;". Section 2. Said chapter is further amended by adding between Code Sections 13-8-2 and 13-8-3 a new Code Section 13-8-2.1 to read as follows: "13-8-2.1. (a) Contracts that restrain in a reasonable manner any party thereto from exercising any trade, business, or employment are contracts in partial restraint of trade and shall not be considered against the policy of the law, and such partial restraints, so long as otherwise lawful, shall be enforceable for all purposes. Without limiting the generality of the foregoing, contracts of the type described in subsections (b) through (d) of this Code section are considered to be reasonable. (b) (1) As used in this subsection, the term: (A) 'Affiliate' means: (i) a person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a specified person or entity; (ii) any entity of which a specified person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting or profits interest of such entity; (iii) any trust or other estate in which the specified person or entity has a beneficial interest of 25 percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; and (iv) the spouse, lineal ances tors, lineal descendants, and siblings of the specified person, as well as their spouses. (B) 'Business' means any line of trade or business involved in a sale. (C) 'Buyer' means any person or entity, including any successor-in-interest to such an entity, that acquires a business or a controlling interest in a business. (D) 'Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business: (i) which accounts for 25 percent or more of the voting or profits interest of the business prior to the sale, alone or in combination with the interest or participation held by affiliates of such person or entity; or (ii) the sale of which results in the owner thereof receiving consideration worth at least $500,000.00, inclu sive of any consideration received for the sale of business covenant. (E) 'Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise. FRIDAY, MARCH 9, 1990 2795 (F) 'Sale of business covenant' means any agreement described in paragraph (2) of this subsection or any substantially equivalent agreement. (G) 'Seller' means any person or entity, including any successor-in-interest to such an entity, that is: (i) an owner of a controlling interest; (ii) an executive employee, officer, or manager of the business who receives, as a minimum, consideration in connection with ei ther the sale or the sale of business covenant that is worth the equivalent of such person's most recent annual base salary or is in the form of a commitment of continued employment for a period of at least one year; or (iii) an affiliate of a person or entity described in division (i) of this subparagraph; provided, however, that each sale of business covenant shall be binding only on the person or entity entering into such covenant, its successors-in-interest, and, if so specified in the covenant, any entity that directly or indirectly through one or more intermediaries is controlled by or is under common control of such person or entity. (2) A seller may agree in writing for the benefit of a buyer to refrain from: (A) Carrying on or engaging in any activity competitive with the business; or (B) Soliciting or accepting business from the business's customers which were custom ers at or prior to the time of the sale, including actively sought prospective customers, for purposes of providing products or services competitive with those provided by the business within the geographic area or areas where the business conducts its operations at the time of the sale, including any area where the business's customers and actively sought prospective customers are present and including any area into which the business is reasonably expected to expand, provided that such activity, business, and area must be described in such writing. A sale of business covenant may, if reasonable to protect the interests of the buyer or the good will of the business, be worldwide. A sale of business covenant may extend for any period of time that is reasonable to protect the interests of the buyer or the good will of the business. Each sale of business covenant shall, however, be considered to terminate at the time the business is discontinued or either the seller, including all successors-in-interest, or the buyer, including all successors-in-interest, ceases to exist. (c) (1) As used in this subsection, the term: (A) 'Business' means any line of trade or business conducted by an employer. (B) 'Employee' means: (i) an executive employee, officer, manager, or key employee; (ii) research and development personnel or other persons or entities, including independent contractors, in possession of confidential information that is important to the business; (iii) any other person or entity, including an independent contractor, in possession of selective or specialized skills, learning, or abilities or customer contacts or customer information; or (iv) any party to a partnership agreement, franchise, distributorship, license agreement or sales agent, broker, representative, or supervisor. The term 'employee' shall not include, however, any employee who lacks selective or specialized skills, learning, customer contacts, or abilities. (C) 'Employer' means any corporation, partnership, proprietorship, or other organiza tion, including any successor-in-interest to such an entity, that conducts a business or any person or entity that directly or indirectly owns an equity interest or ownership participa tion in such an entity that accounts for 50 percent or more of the voting or profits interest of such entity. (D) 'Material contact' exists between an employee and each customer or potential cus tomer: (i) with whom the employee dealt; (ii) whose dealings with the employer were coordi nated or supervised by the employee; (iii) about whom the employee obtained confidential information in the ordinary course of business as a result of such employee's association with the employer; or (iv) who receives products or services authorized by the employer, the sale or provision of which results or resulted in compensation, commissions, or earnings for the employee within two years prior to the date of employee's termination. (E) 'Post-employment covenant' includes any agreement described in paragraphs (2) through (4) of this subsection or any substantially equivalent agreement. 2796 JOURNAL OF THE SENATE (F) 'Products or services' means anything of commercial value, including without limi tation goods, personal, real, or intangible property, services, financial products or services, business opportunities or assistance, or any other object or aspect of business or the conduct thereof. (G) 'Termination' means the termination of an employee's engagement with an em ployer, whether with or without cause and upon the initiative of either party, provided that any possible inequity that results from the discharge of an employee without cause or in violation of a contractual or other legal obligation of the employer may be considered as a factor affecting the choice of an appropriate remedy or, if the restraint as a whole is ren dered unreasonable, the unenforceability thereof. For purposes of this definition, 'the dis charge of an employee without cause' does not include (i) a termination of a partnership agreement, franchise, distributorship, or license agreement or a sales agent, broker, repre sentative, or supervisor agreement in accordance with the terms of the agreement or upon the completion or expiration of the agreement, (ii) any termination under retirement pro grams of the employer, (iii) any termination that follows the employee's refusal to accept an offer of continued employment on terms and conditions at least as favorable to the em ployee as those previously in effect, or (iv) any termination under circumstances where the employee remains or becomes entitled to receive earnings, commissions, or benefits that serve as compensation, at least in part, for the employee's compliance with the post-termi nation covenants. (2) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from conducting activity that is competitive with the activities the employee conducted for the employer within the geographic area or areas where the employee conducted such activities at or within a reasonable period of time prior to termination, provided that such activity and area must be described in such writing. The geographic area in which an employee works may include any area where any opera tions performed, supervised, or assisted in by the employee were conducted and any area where customers or actively sought prospective customers of the business with whom the employee had material contact are present. (3) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting or accepting, or attempting to solicit or accept, directly or by assisting others, any business from any of such business's customers, including actively sought prospective customers, with whom the employee had material contact during his employment for purposes of providing products or services that are competitive with those provided by the employer's business. No express reference to geographic area or the types of products or services considered to be competitive shall be required in order for the restraint to be enforceable. Any reference to a prohibition against 'soliciting or accepting business from customers,' or similar language, shall be adequate for such purpose and narrowly construed to apply only to: (A) such of the business's customers, including actively sought prospective customers, with whom the employee had material con tact; and (B) products and services that are competitive with those provided by the em ployer's business. (4) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from recruiting or hiring, or attempting to re cruit or hire, directly or by assisting others, any other employee of the employer or its affili ates. No express reference to geographic area shall be required. Any reference to a prohibi tion against recruiting or hiring, or attempting to recruit or hire, other employees shall be narrowly construed to apply only to other employees who are still actively employed by or doing business with the employer or its affiliates at the time of the attempted recruiting or hiring. (5) To the extent so stated in the post-employment covenant, a post-employment cove nant may provide that any violation of the restraint shall automatically toll and suspend the period of the restraint for the amount of time that the violation continues, provided that the employer seeks enforcement promptly after discovery of the violation. FRIDAY, MARCH 9, 1990 2797 (6) A duration of two years or less in the case of a restraint of the type described in paragraph (2) of this subsection (c), and three years or less in the case of a restraint of the type described in paragraphs (3) and (4) of this subsection (c) shall be presumed to be reasonable as the period of time stated for any post-employment covenant. (d) Any restriction that operates during the term of an employment agreement, agency agreement, independent contractor agreement, partnership agreement, franchise, distribu torship agreement, license, shareholders' agreement, or other ongoing business agreement shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or territory, so long as it promotes or protects the purpose or subject matter of the agreement or deters any potential conflict of interest. (e) (1) Activities, products, or services that are competitive with the activities, products, or services of an employer may include activities, products, or services that are the same as or similar to the activities, products, or services of the employer. Whenever a description of activities, products and services, or areas is required by this Code section, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is generalized or could possibly be stated more narrowly to exclude extraneous matters. (2) In the case of a post-employment covenant entered into prior to termination, any good faith estimate of the activities, products and services, or areas that may be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capa ble of including or ultimately proves to include extraneous activities, products and services, or areas. The post-employment covenant shall be construed ultimately to cover only so much of such estimate as relates to the activities actually conducted, the products and ser vices actually offered, or the areas actually involved within a stated period of time prior to termination. Activities, products, or services shall be considered sufficiently described if a reference to the activities, products, or services is provided and qualified by the phrase 'of the type conducted, authorized, offered, or provided within one year prior to termination,' or similar language. Further, the phrase 'the areas where the (employee) is working at the time of (termination)' shall be considered sufficient as a description of areas if the person or entity bound by the restraint can reasonably determine the maximum reasonable scope of the restraint at the time of termination. (f) (1) Whenever a person or entity desires to verify the terms of any partial restraint in effect at any time, or to obtain a clarification of a restraint believed to be unclear, such person or entity may, at its option, demand such verification or clarification by delivering to the persons or entities that benefit from such restraint a written statement that contains: (A) if verification is sought, a request for a copy of each partial restraint in effect between the parties; or (B) if clarification is sought, a description of the clarification requested; and (C) in all cases, the following statement: 'THIS DEMAND IS MADE PURSUANT TO CODE SECTION 13-8-2.1(f)(2) OF THE OFFICIAL CODE OF GEORGIA ANNOTATED AND REQUIRES A RESPONSE WITHIN THIRTY DAYS." (2) Within 30 days after such other persons or entities or their authorized representa tives have received such demand in person, they shall respond by sending the person or entity bound by the restraint the requested information or, if clarification is considered to be unnecessary because the restraint is believed to be clear, a statement to that effect. In no event shall such a response be required to include confidential information or business strat egies as part of any clarification. (3) In the interest of reducing or eliminating any unclear or overbroad aspect of the restraint, the persons or entities that benefit from any existing restraint may provide the persons or entities bound by such restraint with a clarification or reformulation of the re straint, whether or not the clarification or reformulation was requested, so long as it is no broader than the terms of the original restraint. Any clarification or reformulation on lesser terms so provided by the persons or entities that benefit from the restraint shall supersede any conflicting terms of the restraint and be binding regardless of whether additional con- 2798 JOURNAL OF THE SENATE sideration is provided. The person or entity bound by the restraint may rely absolutely on such clarification or reformulation in complying with the terms of such restraint. (4) Any failure or delay of the persons or entities that benefit from such restraint to respond to such a demand shall be considered as one factor by a court in determining how much of an unclear or overbroad restraint may be enforced as lawfully serving the business purposes and interests contemplated by the parties in their agreement. In addition, if the procedure provided for in this subsection is followed for the benefit of anyone who wishes to employ or do business with a person or entity, any subsequent enforcement of any restraint that was unknown, unclear, or overbroad but that is not properly identified, clarified, or reformulated by the persons or entities that benefit from the restraint following their receipt of such a demand shall be limited so as to avoid prejudice to the employment or business to which the unknown, unclear, or overbroad aspects of the restraint relate. (g) (1) Every court of competent jurisdiction shall enforce through any appropriate remedy every contract in partial restraint of trade that is not against the policy of the law or otherwise unlawful. In the absence of extreme hardship on the part of the person or entity bound by such restraint, injunctive relief shall be presumed to be an appropriate remedy for the enforcement of the contracts described in subsections (b) through (d) of this Code sec tion. If any portion of such restraint is against the policy of the law in any respect but such restraint, considered as a whole, is not so clearly unreasonable and overreaching in its terms as to be unconscionable, the court shall enforce so much of such restraint as it determines by a preponderance of the evidence to be necessary to protect the interests of the parties that benefit from such restraint. Such a restraint shall be subject to partial enforcement, whether or not it contains a severability or similar clause and regardless of whether the unlawful aspects of such restraint are facially severable from those found lawful. (2) The enforceability of any partial restraint of trade shall be determined and shall be enforced independently of the enforceability of any other covenant or part thereof contained in the same contract or arrangement. (3) Contractual terms that provide for a loss or forfeiture of rights or benefits condi tioned upon any specified act or event shall not be considered a restraint of trade. The fact that any such loss or forfeiture provision is contained in the same agreement or contract with an otherwise valid partial restraint of trade shall not impair the validity or enforceabil ity of either such loss or forfeiture provision or such restraint, and the enforcement of either term shall not serve as grounds for delaying or withholding enforcement of the other term, including enforcement by injunctive relief. If a loss or forfeiture provision is contained in an agreement or contract that also contains other terms that are determined to be, in some respects, an unreasonable and unenforceable restraint of trade, such loss or forfeiture provi sion shall nonetheless be enforceable to the extent it may lawfully serve the purposes and interests of the parties that benefit from such provision. Such a loss or forfeiture provision shall be subject to enforcement, whether or not it contains a severability or similar clause, and regardless of whether the unlawful aspects of such restraint are facially severable from those found to be unlawful." Section 2. This Act takes effect on July 1, 1990. As a statement of public policy, this Act shall have general applicability to the fullest extent permitted by law. This Act shall further apply to all remedies sought or granted after the effective date with respect to the subject matter of this Act. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 47th moved that the Senate adopt the Conference Committee report on HB 744. FRIDAY, MARCH 9, 1990 2799 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 n rCiuo"lretomnnan Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner HTJIJa"mTMmi.ll Howard Huggms Johnson Kennedy Kidd Land Langford Newbill Olmstead Parker Peevy Perry Pollard R_R_aagg"aann ooff. 3120nthd, Rav Shumake Starr Stumbaugh Taylor Timmons Turner Those not voting were Senators: Brannon Clay Gillis McKenzie Phillips Scott of 2nd Scott of 36th Tate Tysinger Walker On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 744. SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms. The Conference Committee report on SB 662 was as follows: The Committee of Conference on SB 662 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 662 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Pierre Howard Senator, 42nd District /a/ Mark Taylor Senator, 12th District /s/ Harrill L. Dawkins Senator, 45th District FOR THE HOUSE OF REPRESENTATIVES: Is,/ Wesley Dunn Representative, 73rd District /s/ Denmark Groover Representative, 99th District /s/ Edward D. Ricketson Representative, 82nd District Conference Committee substitute to SB 662: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, 2800 JOURNAL OF THE SENATE relating to insurance, so as to define certain fraudulent insurance acts; to authorize the Commissioner of Insurance to investigate reports of fraudulent insurance acts; to authorize the Commissioner of Insurance to collect evidence, request the attendance of witnesses, and administer oaths in connection with an investigation; to provide immunity from civil liabil ity to persons supplying information and to the Commissioner of Insurance and his employ ees or agents; to provide for the confidentiality of information gathered pursuant to an in vestigation; to authorize reports of fraudulent activity to the Commissioner; to provide for the reporting of alleged violations of law to prosecuting attorneys; to provide for law en forcement powers of certain personnel; to require certain premium reductions on motor ve hicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms; to provide for changes in rating plans; to provide exceptions; to provide for lower insurance rates for certain good drivers; to provide for a definition; to provide for intent; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end of Chapter 1, relating to general provisions with respect to insurance, a new Code Section 33-1-16 to read as follows: "33-1-16. (a) For the purposes of this Code section, a person commits a 'fraudulent insurance act' if the knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented, to or by an insurer, purported insurer, broker, or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of, an insurance policy for automobile insur ance, or a claim for payment or other benefit pursuant to an insurance policy for automobile insurance, which he knows to contain materially false information concerning any fact mate rial thereto or if he conceals, for the purpose of misleading another, information concerning any fact material thereto. (b) If, by his own inquiries or as a result of information received, the Commissioner has reason to believe that a person has engaged in, or is engaging in, a fraudulent insurance act, the Commissioner may administer oaths and affirmations, request the attendance of wit nesses or proffering of matter, and collect evidence. The Commissioner shall not compel the attendance of any person or matter in any such investigation except pursuant to subsection (d) of this Code section. (c) If matter that the Commissioner seeks to obtain by request is located outside the state, the person so requested may make it available to the Commissioner or his representa tive to examine the matter at the place where it is located. The Commissioner may desig nate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials of other states. (d) (1) The Commissioner may request that an individual who refuses to comply with any such request be ordered by the superior court to provide the testimony or matter. The court shall not order such compliance unless the Commissioner has demonstrated to the satisfaction of the court that the testimony of the witness or the matter under request has a direct bearing on the commission of a fraudulent insurance act or is pertinent or necessary to further such investigation. (2) Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter after asserting a privilege against self-incrimination, to which he is entitled by law, may not be subjected to a criminal proceeding or to a civil penalty with respect to the act concerning which he is required to testify or produce rele vant matter. (3) In the absence of fraud or bad faith, a person is not subject to civil liability for libel, slander, or any other relevant tort by virtue of filing reports, without malice, or furnishing other information, without malice, required by this Code section or required by the Com- FRIDAY, MARCH 9, 1990 2801 missioner under the authority granted in this Code section, and no civil cause of action of any nature shall arise against such person: (A) For any information relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials, their agents, or employees; (B) For any such information relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of this title; or (C) For any such information furnished in reports to the Commissioner or the National Association of Insurance Commissioners. (4) The Commissioner or any employee or agent, is not subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties of the Commissioner under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties of the Commissioner under this Code section. (5) This Code section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person. (e) The papers, documents, reports, or evidence relative to the subject of an investiga tion under this Code section shall not be subject to public inspection for so long as the Commissioner deems reasonably necessary to complete the investigation, to protect the per son investigated from unwarranted injury, or to be in the public interest. Further, such papers, documents, reports, or evidence relative to the subject of an investigation under this Code section shall not be subject to subpoena until opened for public inspection by the Commissioner, unless the Commissioner consents, or until, after notice to the Commissioner and a hearing, a superior court determines the Commissioner would not be unnecessarily hindered by such subpoena. The Commissioner or his employees or agents shall not be sub ject to subpoena in civil actions by any court of this state to testify concerning any matter of which they have knowledge pursuant to pending investigations of fraudulent insurance acts. (f) Any person, other than an insurer, agent, or other person licensed under this title, or an employee thereof, having knowledge of or who believes that a fraudulent insurance act is being or has been committed may send to the Commissioner a report of information perti nent to such knowledge of or belief and such additional information relative thereto as the Commissioner may request. Any insurer, agent, or other person licensed under this title, or an employee thereof, having knowledge of or who believes that a fraudulent insurance act is being or has been committed shall send to the Commissioner a report or information perti nent to such knowledge or belief and such additional information relative thereto as the Commissioner or his employees or agents may require. The Commissioner or his employees or agents shall review such information or reports as, in the judgment of the Commissioner or such employees or agents, may require further investigation. The Commissioner shall then cause an investigation of the facts surrounding such information or report to be made to determine the extent, if any, to which a fraudulent insurance act is being committed and shall report any alleged violations of law which the investigations disclose to the appropriate prosecuting attorney having jurisdiction with respect to any such violation. If prosecution by the prosecuting attorney is not begun within 90 days of the report, the prosecuting attorney shall inform the Commissioner of the reasons for the lack of prosecution. (g) Personnel employed by the Commissioner under this Code section shall have the power to make arrests for criminal violations established as a result of investigations only. The general laws applicable to arrests by peace officers of this state shall also be applicable to such personnel. Such personnel shall have the power to execute arrest warrants and search warrants for the same criminal violations; to serve subpoenas issued for the examina tion, investigation, and trial of all offenses determined by their investigations; and to arrest upon probable cause without warrant any person found in the act of violating any of the provisions of applicable laws. Personnel empowered to make arrests under this Code section shall be empowered to carry firearms or other weapons in the performance of their duties. It is unlawful for any person to resist an arrest authorized by this Code section or in any 2802 JOURNAL OF THE SENATE manner to interfere, either by abetting or assisting such resistance or otherwise interfering, with personnel employed by the Commissioner under this Code section in the duties im posed upon them by law." Section 2. Said Title 33 is further amended by adding immediately following Code Sec tion 33-34-16, relating to reductions in premiums for motor vehicle insurance policies and defensive driving courses, three new Code sections to read as follows: "33-34-16.1. (a) For each personal or family-type policy of motor vehicle insurance is sued, delivered, issued for delivery, or renewed on or after July 1, 1990, there shall be of fered by the insurer a reduction in the premium for motor vehicle liability, bodily injury, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver: (1) Is unmarried; (2) Is enrolled as a full-time student in: (A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; and (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll.' (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in subsec tion (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have com mitted a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from. 33-34-16.2. (a) As used in this Code section, the term 'good driver' means a person who holds a valid driver's license and who, within the three years immediately preceding the date of an application for private passenger motor vehicle insurance or any renewal of such insurance, has committed no traffic offenses or other criminal acts involving the use of a FRIDAY, MARCH 9, 1990 2803 motor vehicle, has successfully completed a defensive driving course as provided in Code Section 33-34-16, and has had no claims based on fault against an insurer. (b) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages pro vided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. 33-34-16.3. It is specifically intended that the discounts provided for in Code Sections 33-34-16.1 and 33-34-16.2 shall be provided by the insurer to any person who qualifies for such discounts." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Howard of the 42nd moved that the Senate adopt the Conference Committee report on SB 662. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Barker Barnes Brannon Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Engram Fincher Foster Fuller Garner Gillis Hammill Harris Howard Huggins Johnson Kennedy Kidd Land Langford Newbill Parker Peevy Perry Pollard Ragan of 10th Ragan of 32nd Ray Shumake Starr Stumbaugh Taylor Turner Those not voting were Senators: Baldwin Bowen Coleman McKenzie Olmstead Phillips Scott of 2nd Scott of 36th Tate Timmons Tysinger Walker On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 662. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House: HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd, Simpson of the 70th and Robinson of the 96th: A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat- 2804 JOURNAL OF THE SENATE ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: 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 716. By Senators Taylor of the 12th, Perry of the 7th, Collins of the 17th and others: 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 following bill of the Senate was taken up for the purpose of considering the House action thereon: 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. Senator Kidd of the 25th moved that the Senate recede from Senate amendment No. 2 and amendment No. 3 to the House substitute to SB 484. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Allgood Broun Burton X f.man Foster Fuller Garner Gillis Howard STJ aij Zs Dean Echols Egan English Engram Fincher JHouh^nsionns Kennedy Kidd Land Langford Newbill Olmstead Peevy Perry Pollard Ragan of 10th Ragan of 32nd RSc